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Please see Addendum to this Agenda
South Dakota Public Utilities Commission Meeting
Thursday, July 13, 2000; 2:00 P.M.
State Capitol Building, Room 412
Pierre, South Dakota
NOTICE: THIS IS THE NEW DATE AND TIME FOR THE MEETING THAT WAS ORIGINALLY SCHEDULED FOR JULY 6, 2000, BUT POSTPONED ON JULY 3, 2000.
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 July 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.
PLEASE DON'T WAIT until the day of the meeting to contact us for the conference call.
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 June 20, 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 1201 consumer contacts during 2000. 127 contacts have been received since the last Commission meeting.
TELECOMMUNICATIONS: 105 of the contacts involved telecommunications. 26 of the contacts involved the unauthorized switching of service; 18 contacts concerning raising rates without notice; 17 contacts involved billing issues; 13 contacts involved billing for unauthorized services; 8 contacts reported poor service; 5 contacts could not get service when requested; 4 contacts involved calling cards; 4 contacts received billings after cancellation; and the remaining issues involved 800 numbers, blocking, buried cable, disconnection, cellular service, credit, and directory listings.
ELECTRICITY: 14 of the contacts involved electricity issues. 5 contacts concerned disconnections; 3 contacts concerned billing; 2 contacts concerned poor service; and the remaining contacts involved fees, payment arrangements, won't disconnect, and information on rules.
NATURAL GAS: 8 contacts involving natural gas were reported. 3 contacts concerned billing issues; 2 contacts concerned rates, and the remaining issues involved disconnection, gas leak, and won't disconnect.
A total of 944 complaints have been resolved informally during 2000.
Steve Willis, on behalf of 72 Thomas, LLC, Sioux Falls, SD, filed a formal complaint with the Commission on December 15, 1999. The Complainant alleges that Northern States Power Company transferred outstanding balances of previous tenants to the limited liability company without approval. The Complainant requests a detailed listing of account transfers, a credit for inappropriate transfers, and a review of Northern States Power Company's transfer policy. Probable cause was found in this matter at the January 6, 2000, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint & close the docket?
On November 5, 1999, the Commission received a complaint from Storbeck Trucking, Inc., Huron, SD, against Sprint Communications regarding unauthorized switching of services. The complainant is asking to have it corrected and for any other amounts due. The Commission found probable cause against Sprint on November 15, 1999. A hearing in this matter was scheduled for February 25, 2000. The hearing was cancelled. On March 6, 2000, the Commission received a request for the addition of Accutel as a party to the complaint. The Commission added Accutel as a party at the March 28, 2000, regular meeting. A hearing was scheduled for June 28, 2000. The hearing was cancelled.
TODAY, if the matter is resolved shall the Commission dismiss the complaint & close the docket?
On December 23, 1999, the Commission received a complaint filed by Kenneth Erickson, Watertown, South Dakota, against WilTel, Inc. and OLS, Inc. regarding unauthorized switching of services. The Complainant alleges that OLS took his long distance service without authorization. The Complainant is asking that South Dakota laws and rules be applied to these issues. Probable cause was found in this matter at the January 6, 2000, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint & close the docket?
On December 28, 1999, the Commission received a complaint from Elaine M. Ingalls, Watertown, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The Complainant claims she received a telephone call from U S WEST indicating a change in her billing. As a result, her long distance service was switched from AT&T to OLS. She is requesting that all OLS charges be removed from her billing. Probable cause was found in this matter at the February 2, 2000, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint & close the docket?
On December 30, 1999, the Commission received a complaint filed by William L. Frost, Watertown, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The Complainant indicates that his long distance service was switched through deceptive tactics. The Complainant requests that the Commission revoke the company's license, assess fines, award compensation, and remove all charges assessed by this company. Probable cause was found in this matter at the February 2, 2000, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint & close the docket?
On January 10, 2000, the Commission received a complaint filed by Julie Roesler on behalf of Sleep Inn, Sioux Falls, South Dakota, against Sprint Communications Company L.P. regarding unauthorized disconnection and unauthorized switching of services. The complainant alleges that from September 20 through October 8, 1999, all the phones lines, including the fax line, at the Sleep Inn Hotel were inoperable. When trying to make a call, a recording was heard that stated, "You are not a Sprint customer; to become a customer please call this number to enroll." The complainant also alleges they were switched from AT&T to Sprint without authorization. The complainant is requesting that the $10.26 in Sprint charges be removed from their bill. In addition they are requesting that the Commission impose a fine of $1,000.00 per phone line in accordance with the slamming law. The complainant alleges that future revenue from irate guests was lost, as well as opportunities to bid on hotel rates for future events held in Sioux Falls. "Unfortunately, I cannot place an honest or accurate value on lost business. But some compensation would be nice, as I consider this business interruption." Probable cause was found against Sprint at the February 2, 2000, regular meeting. On March 6, 2000, the Commission received a request to add McLeodUSA and U S WEST Communications. The matter was heard at the March 28, 2000, meeting. On May 4, 2000, Sprint filed its Revised Answer and Renewed Request for Addition of Other Parties. On May 17, 2000, the Commission granted the Motion to add McLeodUSA and Sprint. A hearing was scheduled for May 31, 2000, at 1:30pm in the State Capitol in Pierre, South Dakota. The hearing was cancelled.
TODAY, if the matter is resolved shall the Commission dismiss the complaint & close the docket?
On February 22, 2000, a formal complaint was received from Ralph C. Campbell, Watertown, SD, indicating that he received a deceptive telemarketing call. As a result of this call, the Complainant's telecommunications service was switched to OLS. As a resolution the Complainant is seeking $1000 on behalf of all parties who were slammed. Probable cause was found in this matter at the March 28, 2000, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint & close the docket?
The Complainant alleges that from May 1999 to January 2000, he was incorrectly billed by AT&T because U S West improperly routed his long distance calls. The Complainant's carrier of choice is Clear Choice. He is seeking restitution of charges in excess of Clear Choice's 5 cent/min. since May 1999. On April 12, 2000, U S WEST filed a Motion to Dismiss. On April 12, 2000, AT&T also filed a Motion to Dismiss. A hearing in this matter is scheduled for July 19, 2000.
TODAY, shall the Commission grant U S WEST's and/or AT&T's Motion to Dismiss?
The complainant alleges that she requested her long distance services with AT&T to be discontinued on October 19,1999. Her rate plan was discontinued, however, she continued to be billed for toll calls at higher rates. AT&T cancelled services on February 2, 2000. Ms. Urlacher has not received adjustments or credits for the higher rates. Ms. Urlacher also alleges poor customer service from AT&T. The complainant is seeking $1000.00 because AT&T continued to charge her against her wishes and at excessive rates. On June 22, 2000, AT&T filed a Motion To Join Local Exchange Carrier McCook Telecom as a party to this action. Also on June 22, 2000, AT&T filed a Motion to Dismiss. A hearing in this matter is being scheduled for July 20, 2000, in Pierre.
TODAY, shall the Commission grant AT&T's Motion to Join McCook Telecom as a party to this action? ALSO, shall the Commission grant AT&T's Motion to Dismiss?
Electric
Northern States Power Company (NSP) is proposing to add a provision to the South Dakota Electric Rate Book. This new provision will allow NSP to interrupt and thereby "purchase" energy from its large customers who reduce their load by at least one Megawatt. This option can be used upon mutual agreement of both NSP and the eligible customer whenever wholesale energy supply market prices are exceptionally high, or when NSP is affected by exceptional generation or transmission system difficulties. No companies filed to intervene.
TODAY, shall the Commission approve the proposed buyback program?
Pursuant to Docket EL95-003, Black Hills Power and Light filed its 1999 Economic Development Annual Report which includes the 1999 budget breakdown of actual expenditures for economic development activities.
TODAY, shall the Commission approve the 1999 Economic Development Report?
MidAmerican Energy Company (MidAmerican) is proposing to add a provision to the South Dakota Electric Tariff No. I. This new provision will allow MidAmerican to interrupt and thereby "purchase" energy from its large customers who reduce their load by at least two Megawatts. This option can be used upon mutual agreement of both MidAmerican and the eligible customer whenever MidAmerican is purchasing high price energy in the wholesale markets, or has the opportunity to make sales in these markets.
TODAY, shall the Commission approve the proposed tariff revisions?
Otter Tail Power Company (OTP) is proposing to add a provision to the South Dakota Electric Rate Schedule. This new provision will allow OTP to "purchase" energy from its large customers who curtail their load by at least one Megawatt. This option can be used upon mutual agreement of both OTP and the eligible customer whenever OTP is purchasing high price energy in the wholesale markets to serve its native load, or has the opportunity to make sales in these markets.
TODAY, shall the Commission approve the proposed tariff?
Gas/Electric
The Dunham Company has filed a request for a variance from Administrative Rules of South Dakota (ARSD) 20:10:26:04(6) for the Proposed River Centre Office Building in Sioux Falls, South Dakota. The proposal includes one electric and gas meter serving the first four floors with four or five additional gas and electric submeters for the condominium units on the fifth floor. A hearing in this matter was held on June 8, 2000, in Pierre.
Today, shall the Commission approve the variance request?
Telecommunications
Adelphia Business Solutions Operations, Inc. seeks a Certificate of Authority to provide resold and facilities based interexchange telecommunications services in South Dakota. Adelphia intends to offer 1+ direct dial, toll free, travel card and prepaid calling card services.
TODAY, shall the Commission grant a Certificate of Authority to Adelphia Business Solutions?
Adelphia Business Solutions Operations, Inc. is seeking a Certificate of Authority to provide resold and facilities-based local exchange telecommunication services in South Dakota. Adelphia does not intend to provide service in the territories of rural telecommunication companies.
TODAY, shall the Commission grant a Certificate of Authority to provide local exchange services to Adelphia Business Solutions?
TeleCents Communications, Inc. has filed a request for a Certificate of Authority to offer resold interexchange services, including 1+ and 101XXXX direct outbound dialing, 800/888 Toll-Free inbound dialing, travel card service and prepaid calling card service throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to TeleCents Communications, Inc.?
Maxcess, Inc. submitted an application on May 2, 2000, to provide facilities-based and resold interexchange and local telecommunications services in South Dakota. Maxcess requests authority to provide services throughout the state of South Dakota; however, the applicant does not seek to provide resold or facilities-based services to customers in areas that are eligible for a small or rural carrier exemption pursuant to Section 251(f)(1) of the Federal Act.
TODAY, shall the Commission grant a Certificate of Authority to Maxcess, Inc.?
On May 16, 2000, the Commission received a filing from LD Exchange.com, Inc. for a Certificate of Authority to provide telecommunications services in South Dakota. The applicant is a switch-based reseller that intends to offer 1+ and 101XXXX direct outbound dialing, 800/888 Toll-Free inbound dialing, travel card service, and prepaid calling card service throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to LD Exchange.com, Inc.?
The Fiber Ring Revenue-Pooling Association (FRRPA) filed a petition on May 17, 2000, requesting the Commission 1) find that FRRPA's pooling arrangements are in the public interest; 2) review and approve the pooling arrangements between FRRPA and the Ring User Local (RUL) Exchange Companies as represented in the RUL agreements and between FRRPA and the SONET Ring Providers (SRP) as represented in the SRP Agreements; and 3) issue an Order approving said arrangements, as provided in SDCL 49-31-59.1. FRRPA has been organized to provide a pooling mechanism for a collective, cost shared, cost averaged, non-distance sensitive, fully-protected transport network for local exchange companies whose traffic is carried on any of the joint South Dakota local exchange companies and SDN SONET ring transport facilities.
TODAY, what is the Commission's decision?
Midstate Telephone Company and Heartland Communications, Inc., Kimball, South Dakota, filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local exchange Carrier Association. Midstate and Heartland were consolidated into Midstate Communications, Inc. on January 1, 2000. No companies have filed to intervene.
TODAY, shall the Commission assess a filing fee not to exceed $100,000?
The issue before the Commission in this docket will be whether Pay Per Call Restriction, Billed Number Screening, Toll Restriction, and Blocking for 10XXX1+/10XXX011+ are fully competitive services as classified by U S WEST in Docket TC99-099. The Commission requests that U S WEST explain why these services should be considered as fully competitive services. The Commission is interested in knowing whether these services are currently being provided by interexchange carriers. The Association of Communications Enterprises filed to intervene on June 26, 2000. The deadline to intervene is June 30, 2000.
TODAY, shall the Commission grant intervention to the Association of Communications Enterprises and any others who may file? AND, how shall the Commission proceed in this docket?
Union Telephone Company filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carriers Association.
TODAY, shall the Commission assess a filing fee not to exceed $100,000?
Announcements
1. On July 6, 2000, a hearing will be held at 8:30am, in Docket CT00-073 (Meiners/Minimum Rate Pricing) in Room 412 of the State Capitol.
2. A hearing is scheduled for July 6, 2000, at 8:30am, in Docket CT00-074 (Lengkeek/Crusade/Business Options) in the State Capitol.
3. A hearing is scheduled for July 7, 2000, at 10:00am in Room 412 of the State Capitol for Docket GD00-001 (Wheetco).
4. A hearing in Docket CT00-065 (Jensen/Global Crossings/TelTrust) will be held on July 12, 2000, at 1:30pm, in Room 412 of the State Capitol.
5. A hearing in Docket TC99-107 (Western/Touchtone fines penalties) will be held on July 17, 2000, at 1:00pm, in Room LCR1 of the State Capitol.
6. On July 18, 2000, a hearing will be held in Docket CT00-050 (Witcher/USWC/AT&T) at 1:30pm, in Room LCR1 of the State Capitol.
7. A hearing is scheduled for July 19, 2000, in Docket CT00-052 (Edwards/USWC/AT&T) at 8:30am, in Room 412 of the State Capitol.
8. A hearing is scheduled for July 19, 2000, in Docket CT00-002 (Grider/Qwest) at 1:30pm, in Room 412 of the State Capitol.
9. A hearing is scheduled for July 20, 2000, at 8:30am in Room 412 of the State Capitol for Docket CT00-075 (Urlacher/AT&T).
10. A hearing is scheduled for July 20, 2000, at 8:30am in Room 412 of the State Capitol for Docket CT00-076 (Bultsma/Excel).
11. A hearing is scheduled for July 20, 2000, at 8:30am in Room 412 of the State Capitol for Docket CT00-077 (Bultsma/Telco Billing).
12. A hearing is being scheduled for August 22, 2000, at 8:30am, in Docket CT00-072 (Nelson/USWC/Billing Practices) in Room 412 of the State Capitol.
13. A hearing is scheduled in Docket CT00-020 (Jensen/McLeod/USWC) for August 23, 2000, at 1:30pm in Room 412 of the State Capitol.
14. A hearing is scheduled in Docket CT00-060 (Blindauer/Sprint) for August 24, 2000, at 1:30pm in Room 412 of the State Capitol.
15. The next regularly scheduled Commission meeting will be held Thursday, July 20, 2000, at 2:00pm, in Room 412 of the State Capitol Building.
William Bullard Jr.
Executive Director
July 5, 2000
