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South Dakota Public Utilities Commission Meeting
Thursday, April 13, 2000; 10:00 A.M.
State Capitol Building, Room 412
Pierre, South Dakota
NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605- 773-3201 by 5:00 p.m. on April 12, 2000. Please keep in mind that a limited number of telephone lines are available. Every effort should be made for parties in the same city to be on the same line when calling in.
NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.
AGENDA OF THE COMMISSION MEETING
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On March 28, 2000. (Staff: Shirleen Fugitt.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Staff Analyst: Leni Healy.)
The Commission has received 663 consumer contacts during 2000. 214 contacts have been received since the March 28, 2000, Commission meeting.
TELECOMMUNICATIONS: 201 of the contacts involved telecommunications. 56 of the contacts involved the unauthorized switching of service; 37 of the contacts involved billing issues; 29 of the contacts concerned raising rates without notice; 16 contacts involved billing for unauthorized services; 14 contacts concerned poor service; 9 contacts involved disconnection; 9 contacts could not get disconnected; 4 contacts involved collect calls; 4 contacts concerned 900#s; 4 contacts involved deceptive tactics; 4 contacts involved delayed switching of long distance service; and the remaining issues were directory listings, 800 #s, fees, calling card, cellular service, delayed installation, long distance block and repairs.
ELECTRICITY: 10 of the contacts involved electricity issues. 7 contacts concerned disconnection; 2 contacts concerned billing; and one contact concerned the cost of moving buildings under power lines.
NATURAL GAS: 3 contacts involving natural gas were reported. The contacts involved underbilling, refusal to disconnect, and cost of appliances.
A total of 365 complaints have been resolved informally during 2000.
On November 9, 1999, the Commission received a complaint from Ardelle Fosheim on behalf of L & M Land Management, Huron, South Dakota. The Complainant alleges that Accutel added charges to their telecommunications billing without authorization. The Complainant seeks to have all charges associated with this activity removed and $1000 penalty for inconvenience. The Commission found probable cause in this matter a November 29, 1999, meeting. A hearing was scheduled for February 24, 2000. The hearing was cancelled.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On November 12, 1999, the Commission received a complaint from Rose Bertsch, Aberdeen, South Dakota, against WilTel, Inc. regarding unauthorized switching of services. The Complainant alleges that she received a call from someone indicating that they were an employee of her local company wishing to combine her billing. As a result, WilTel is listed on her billing. The Complainant claims she did not authorize WilTel to switch her service. The Complainant is seeking $1000 in penalties. The Commission found probable cause in this matter a November 29, 1999, meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On December 7, 1999, the Commission received a Complaint filed by Harlan L. Hammer, Sisseton, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The Complainant received a telemarketing call from a representative of OLS indicating he could get 7 cents per minute with no minimum fee. When the Complainant received his billing, he did not receive the promised rates, terms or conditions. The Complainant is seeking penalties on behalf of all people who were switched to OLS. The Commission found probable cause in this matter a December 28, 1999, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On December 20, 1999, the Commission received a complaint filed by Carol Bullene, Watertown, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The Complainant says that she was contacted by an individual claiming to represent U S WEST who assured her that no changes would be made. Her service was switched as a result of that call. The Complainant wants all charges refunded and OLS's service restricted. The Commission found probable cause in this matter a January 6, 2000, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On December 22, 1999, the Commission received a complaint filed by Tim Sachtjen, Pierre, South Dakota, against Qwest Communications, Inc. regarding billing issues. The Complainant claims he was offered 5 cents per minute for interstate long distance. Later he was told it would be 9 cents per minute decreasing to 5 cents per minute depending on the length of the call. He was also charged for calls which were not answered. The Complainant requests that the company be investigated. The Commission found probable cause in this matter a January 6, 2000, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On January 14, 2000, the Commission received a complaint filed by Margaret E. Howell, Aberdeen, South Dakota, against OLS, Inc. regarding unauthorized switching of services. Margaret Howell, submitted a formal complaint alleging that OLS switched Ms. Howell's service without authorization. She wishes to have all charges associated with OLS's switching of service credited and monetary compensation for time and inconvenience. The Commission found probable cause in this matter a February 2, 2000, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On March 1, 2000, the Commission docketed a complaint filed by Alfred Migge, Watertown, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The Complainant indicates that his service was switched through deceptive tactics in November 1999. The Complainant is seeking $1000 for all his troubles. The Commission found probable cause in this matter a March 14, 2000, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On March 1, 2000, the Commission received a complaint filed by Rolla and Betty Stoltenburg, Watertown, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The Complainants claim that on October 28, 1999, a telemarketer representing himself as an employee of U S WEST called to inform them of changes to their telephone bill. As a result of that call, the Complainants' service was switched to OLS. The Commission found probable cause in this matter a March 28, 2000, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
Natural Gas
On June 1, 1999, the Commission received an application from NorthWestern Public Service, a division of Northwestern Corporation, for an increase in rates for natural gas service in South Dakota. The Company requested that the proposed increase of $2,108,112 or approximately 6.3% become effective July 1, 1999. On June 22 the Commission suspended the imposition of the tariff for 90 days to October 1. By Order dated September 14, 1999, the Commission further extended the suspension through December 1, 1999. A hearing in this matter was scheduled for October 20-21, 1999. On October 18, 1999, Staff notified the Commission that NWPS and Staff had reached a settlement agreement and requested the Commission to consider it on October 20, 1999. An issue related to the PGA was separated from the rate case issues and a hearing on the PGA issue was held October 20, 1999. On November 1, 1999, the Commission approved the settlement agreement on rate case issues which increased rates by $1,279,025 with an effective date of December 1, 1999.
TODAY, what is the Commission's decision with regard to the PGA issue?
Telecommunications
A regularly scheduled meeting on January 23, 1996, the Commission opened a docket to inquire into the switched access rules found at ARSD Chapters 20:10:27 to 20:10:29, inclusive. To facilitate the investigation of this issue any interested parties were asked to file comments by April 22, 1996. AT&T, LECA, Sprint, and U S WEST filed comments in this matter.
TODAY, how shall the Commission proceed?
On February 2, 2000, NewPath Holdings, Inc. filed for a Certificate of Authority to provide telecommunications services, including local exchange services, in South Dakota. NewPath Holdings, Inc. is seeking a Certificate of Authority to provide resold and facilities-based local exchange (subject to rural safeguards) and interexchange telecommunications services in South Dakota. Initially, NewPath intends to provide data services only.
TODAY, shall the Commission grant a Certificate of Authority to NewPath?
The Volunteer & Information Center (VIC) has filed an application for the assignment of the 211 dialing code to VIC=s HELPline. HELPline is a 24-hour information/crisis telephone line that provides the general public with access to community resources. VIC proposes that this service would be available for the following Sioux Falls center office codes: 241, 321, 322, 330, 331, 332, 333, 334, 335, 336, 338, 339, 351, 357, 359, 360, 361, 362, 366, 367, 370, 371, 373, 430, 444, 575, 929, 940, 978, 988. On April 3, 2000, Gemini Companies sent a letter requesting intervention. On April 4, 2000, SDITC filed a petition to intervene. The deadline for intervention is April 7, 2000.
TODAY, shall the Commission grant intervention to Gemini Companies, SDITC and any other companies who may file?
Announcements
1. On April 10, 2000, the Commission will hold a hearing in Sisseton for docket TC99-112 (Sale of Sisseton exchange) beginning at 12:30pm, at the Roberts County Courthouse.
2. Commissioners and staff will be attending a telecommunications conference scheduled for April 12, 2000, at USD in Vermillion, South Dakota.
3. An Ad Hoc meeting is scheduled for 1:30pm on April 13, 2000, in Room 412 of the State Capitol for oral arguments in docket EL99-021 (NSP Fuel Clause).
4. Hearings are being scheduled during the week of May 1-5, 2000 in Pierre, for the OLS complaint dockets.
5. A hearing in docket CT99-072 (Sun Gold Trophies) will be held on May 10, 2000, at 9:00am in Room 412, of the State Capitol.
6. Commissioners Burg and Nelson will be attending a NARUC meeting in Montreal, Canada during May 21-24, 2000.
7. The next regularly scheduled Commission meeting will be held Thursday, April 27, 2000, at 2:00pm, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
Sue.Cichos@state.sd.us
April 6, 2000
