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South Dakota Public Utilities Commission Meeting
Tuesday, May 30, 2000; 1:30 P.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 May 26, 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 Meetings Held On May 17, 2000. (Staff: Mary Giddings.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Staff Analyst: Leni Healy.)
The Commission has received 963 consumer contacts during 2000. 193 contacts have been received since the May 16, 2000, Commission meeting.
TELECOMMUNICATIONS: 158 of the contacts involved telecommunications. 33 of the contacts involved the unauthorized switching of services; 26 contacts concerned billing issues; 23 contacts reported poor service; 18 contacts involved raising rates without notice; 11 contacts concerned the unauthorized billing for services; 11 contacts involved delayed service; 8 contacts involved charges from 900 #s; 8 contacts involved disconnections; and the remaining issues were 800 #s, calling cards, collect calls, deceptive tactics, directory information, sales tax, and temporary cables.
ELECTRICITY: 31 of the contacts involved electricity issues. 15 contacts involved disconnections; 5 contacts concerned outages; 4 contacts concerned billing issues; 2 contacts involved excess construction costs; and the remaining issues were delayed service, installation costs, won't disconnect, rates and payment plan.
NATURAL GAS: 4 contacts involving natural gas were reported. The issues involved disconnections, billing and a late fee.
A total of 737 complaints have been resolved informally during 2000.
2. CT99-006 IN THE MATTER OF THE COMPLAINT OF TELE-TECH, INC. AND LONG LINE, INC. OF SIOUX FALLS, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. CONCERNING OVERCHARGES FOR TELECOMMUNICATIONS SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)
On June 1, 1999, the Commission received a complaint from Tele-Tech, Inc. and Long Line, Inc. against U S WEST concerning overcharges for telecommunications services. The Complainants allege that when they were forced by U S WEST to upgrade from Feature Group A, which was eliminated in 1994, that Tele-Tech, Inc. and Long Line, Inc. continued to be billed for 84 unused lines. The billing totals $103,746.84. The Complainants request that the Public Utilities Commission order U S WEST to repay Tele-Tech, Inc. and Long Line, Inc. the overcharges plus interest at a rate of 10% and "further relief that the Commission deems just and equitable." Probable cause was found in this matter on June 22, 1999. A hearing was held on November 1, 1999.
TODAY, what is the Commission's decision?
On January 11, 2000, the Commission received a complaint filed by Edward and Marvel Hinkelman, Watertown, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. A telemarketer promised the Complainants a rate of seven cents per minute with no service charges. Based on these rates, the Complainants agreed to switch their service. The Complainants request that OLS stop misrepresentation and remove all charges.
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
On January 25, 2000, the Commission received a complaint filed by Dale W. Frederick, Watertown, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The complainant alleges that his service was switched to OLS through deceptive tactics. He is seeking remedies to unauthorized switching and unsolicited telemarketing.
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
5. CT00-044 IN THE MATTER OF THE COMPLAINT FILED BY PASTOR JOANNE K. NAGELE ON BEHALF OF ST. JOHN LUTHERAN CHURCH, WARNER, SOUTH DAKOTA, AGAINST BUSINESS OPTIONS, INC., HOLD BILLING SERVICES AND SPRINT COMMUNICATIONS COMPANY L.P. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)
On March 1, 2000, the complainant filed a complaint against Business Options, Inc., HOLD Billing Services and Sprint Communications Company L.P. for the unauthorized switching of telecommunications services. The complainant was a customer of AT&T for several years. Last fall she signed up for AT&T's 7 cents a minute plan. In December the complainant's carrier was switched from AT&T to Business Options, Inc. When the complainant contacted Business Options, Inc. she was informed she had given permission for the switch on October 30, 1996. The complainant is willing to pay 7 cents a minute for calls made after the switch and wants all surcharges removed from her account. "Considering all the time and energy I have spent on this along with the extra charges of getting switched back, I believe that at least $100.00 extra is appropriate compensation."
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
On March 2, 2000, the Commission received a complaint filed by Doris B. Olson, Vermillion, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The Complainant indicates that as a result of a deceptive telemarketing call, her long distance was switched to OLS. She is seeking $1000 as relief.
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
On March 22, 2000, Kathleen Godfrey, Sioux Falls, South Dakota, filed a complaint against AT&T Communications of the Midwest, Inc. regarding unauthorized switching of services. The Complainant alleges that after disconnecting service from AT&T, her service was switched back to AT&T without authorization twice. The Complainant requests that the PUC "take up this issue and prosecute AT&T for their unprofessional and illegal activities." On April 11, 2000, AT&T filed a Motion to Dismiss with the Commission.
TODAY, shall the Commission grant AT&T's Motion to Dismiss? IF SO, shall the Commission dismiss the complaint and close the docket?
On March 23, 2000, Bonnie Struss, Watertown, South Dakota, filed a complaint against HOLD Billing Services and Business Options, Inc. regarding unauthorized switching of services. The complainant indicates that her service was switched to another carrier without her knowledge or permission in January 2000. She is requesting compensation because she is tired of being switched without permission.
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
Telecommunications
A first amendment to an interconnection agreement between U S WEST Communications, Inc. and Rural Cellular Corporation has been filed with the Commission for approval. The original agreement was approved by the Commission in Docket TC98-096 and was effective August 5, 1998. The first amendment addresses extending the term of the agreement.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
A first amendment to an interconnection agreement between U S WEST Communications, Inc. and Midwest Wireless Communications L.L.C. and Switch 2000 L.L.C. has been filed with the Commission for approval. The original agreement was approved by the Commission in Docket TC98-099 and was effective August 5, 1998. The first amendment addresses extending the term of the agreement.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
A first amendment to an interconnection agreement between U S WEST Communications and CCCSD, Inc. d/b/a Connect! has been filed with the Commission for approval. The original agreement was approved by the Commission in Docket TC99-007 and was effective August 26, 1999. The first amendment addresses collocation and the term of the agreement.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
A first amendment to an interconnection agreement between U S WEST Communications and MIDCO Communications, Inc. d/b/a MidContinent Communications, Inc. has been filed with the Commission for approval. The original agreement was approved in Docket TC99-023 and was effective May 5, 1999. The first amendment addresses unbundled local loops.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
On December 23, 1999, Adelphia Telecommunications, Inc. filed an application for a Certificate of Authority to provide telecommunications services in South Dakota. Adelphia Telecommunications, Inc. (Adelphia) seeks a Certificate of Authority to provide resold intrastate long distance telecommunication services. Adelphia intends to offer 1+ direct dialing long distance service, calling cards, international calling, "1-800/888" service, and prepaid calling cards. No parties filed to intervene.
TODAY, shall the Commission grant a Certificate of Authority to Adelphia Telecommunications, Inc.?
Electric
On January 10, 2000, Otter Tail Power Company filed for a tariff revision. This tariff revision provides an updated summary list of contracts with deviations for street lighting with various municipalities. These contracts with deviations require Commission approval.
TODAY, shall the Commission approve the proposed tariff revisions?
On May 4, 2000, the Commission received a filing by Black Hills Corporation for approval of a contract with deviations to provide electric distribution and Supplemental Supply service to South Dakota School of Mines and Technology and Black Hills State University. This contract will modify and supersede contracts currently serving these customers which are set to expire July 31, 2000.
TODAY, shall the Commission approve the proposed contract with deviations?
Natural Gas
Murray Construction, L.L.C. has requested a variance for master metering of gas service on a number of their rental properties in Sioux Falls. The request was based upon ARSD 20:10:26:04 and Murray is requesting a hearing on this matter.
TODAY, how shall the Commission proceed?
Announcements
1. A hearing is scheduled for May 30, 2000, at 8:30am in Room 412 of the State Capitol for Docket CT00-069 (Dean Electric/Network Services).
2. A hearing is scheduled in Docket CT00-020 (Jensen/McLeod/USWC) for June 15, 2000, at 1:30pm in Room 464 of the State Capitol.
3. On June 19, 2000, at 1:30pm in Room 412 of the State Capitol a hearing in Docket CT00-058 (Lerolh/Business Options/HOLD) will be held.
4. On June 20, 2000, at 8:30am in Room 412 of the State Capitol a hearing in Docket CT00-070 (Janssen/Business Options) is scheduled.
5. A hearing is scheduled for June 27, 2000, at 1:30pm in Room LCR1 of the State Capitol for Docket CE00-001 (Pease/NWPS).
6. A hearing in CT99-053 (Storbeck/Sprint/Accutel) is being scheduled for June 28, 2000 in Huron, South Dakota.
7. A hearing is scheduled for Docket CT00-014 (Sleep Inn/Sprint/McLeod/USWC) on June 29, 2000, in Room 412 of the State Capitol at 1:30pm.
8. A hearing is being scheduled for July 6, 2000, in Docket CT00-072 (Nelson/USWC/Billing Practices) in the State Capitol.
9. On July 6, 2000, a hearing will be held in Docket CT00-073 (Meiners/Minimum Rate Pricing) in Room 412 of the State Capitol.
10. A hearing is being scheduled for July 6, 2000, in Docket CT00-074 (Lengkeek/Crusade/Business Options) in the State Capitol.
11. A hearing is scheduled for July 13, 2000, for Docket CT00-057 (Mann/MCI/Sprint/ USBI/Business Options/HOLD/CEO Telecommunications) at 1:30pm in Room 412 of the State Capitol.
12. A hearing is being scheduled for July 19, 2000, in Docket CT00-002 (Grider/Qwest) in Pierre, South Dakota.
13. The next regularly scheduled Commission meeting will be held Tuesday, June 20, 2000, at 1:30pm, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
Sue.Cichos@state.sd.us
May 23, 2000
