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South Dakota Public Utilities Commission Meeting
Thursday, November 30, 2000; 2:00 P.M.
State Capitol Building, Room 464
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 November 29, 2000.
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 November 2, 2000. (Staff: Mary Giddings.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)
The Commission has received 2,009 consumer contacts during 2000. 134 contacts have been received since the last Commission meeting.
TELECOMMUNICATIONS: 111 of the contacts involved telecommunications. 19 of the contacts involved billing issues; 18 contacts concerned unauthorized switching of service; 9 contacts concerned outages; 8 contacts involved raising rates without notice; 7 contacts concerned telemarketers; 6 contacts involved delayed installation; 5 contacts concerned the unauthorized billing for services; and the remaining issues were 911 funds, annoyance calls, cable cut, credit reporting, deposits, directory assistance, disconnection, double billing, extended area service, won't cancel, internet services, and refusal of service.
ELECTRICITY: 20 of the contacts involved electricity issues. 6 of the contacts concerned disconnections; 4 of the contacts involved power outages; 3 contacts concerned billing issues; and the remaining issues were deposits, easements, high bills, and quality of service.
NATURAL GAS: 3 contacts involving natural gas were reported. The issues were disconnections and a high bill.
1,710 complaints have been resolved informally during 2000.
2. IN THE MATTER OF DISMISSING COMPLAINTS CE00-002, CT00-085.
CE00-002 IN THE MATTER OF THE COMPLAINT FILED BY RUSSELL F. BARTUNEK, SIOUX FALLS, SOUTH DAKOTA, AGAINST XCEL ENERGY, INC. REGARDING BILLING DISPUTE AND PROPERTY DAMAGE. (Staff Analyst: Charlene Lund. Staff Attorney: Kelly Frazier.)
The complainant alleges that the length and location of a service wire contributed to its failure to withstand damage, and the complainant disputes the costs of the repair since it included two service technicians instead of one and does not reflect actual costs. Complainant alleges that the rates he was billed were not actual charges, but a contracted amount and it included time for travel and a two hour minimum for the outage. The complainant is seeking a change in the service wire so that it does not extend across the adjacent property, to adjust the cost of repairs to reflect actual costs, and to consider the length of service contribution.
The complainant alleges that on June 20, 2000, a bill for $198.29 was received with unauthorized long distance charges for a period from January 24, 2000, to May 19, 2000. The complainant requests that the company should be charged with a slamming violation for the time and undue stress this has caused the church office and hopefully this will prevent others from having to go through this. On October 4, 2000, the Commission received a request from the Complainant to add CEO Telecom as a party to the complaint. The Complainant is also asking to add Sprint as a party to the docket. The hearing set for October 11, 2000, was continued.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
Electric
1. EL00-030 IN THE MATTER OF THE PETITION FOR DECLARATORY RULING OF WEST RIVER ELECTRIC ASSOCIATION, INC. ON WHETHER A PROPOSED TRANSMISSION LINE MEETS THE DEFINITION OF SDCL 49-41B-2.1. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)
West River Electric Association, Inc. (WREA) is proposing to construct a 115 kilovolt transmission line north of Rapid City, South Dakota. WREA has determined that it needs to obtain a 115 kilovolt power connection from Western Area Power Administration and run it into a switchyard where WREA would then take the 115 kilovolt line out of the switchyard and run it approximately 2 miles to a distribution substation. WREA is seeking a declaratory ruling from the Commission as to whether or not the proposed project falls within the SDCL 49-41B-2.1 definition of a transmission line and associated facility, thereby requiring a Commission permit.
TODAY, what is the Commissions ruling on the declaratory ruling?
On October 30, 2000, the Commission received a joint request for electric service territory exception between the City of Brookings and Sioux Valley-Southwestern Electric Cooperative. The agreement between the two parties seeks an exception to the existing electric service territorial agreement to permit the City of Brookings to provide electric service to the Kathy Monnier residence in the Southwest quarter of Section 18, Township 110 North, Range 49 West.
TODAY, shall the Commission approve the proposed territory exception?
Telecommunications
On July 29, 1996, an order for show cause was issued to Caribbean Telephone and Telegraph d/b/a The Long Distance Company for failure to submit an annual report. The Commission was notified that Caribbean filed Chapter 11 bankruptcy. The matter was continued on August 14, 1996, until such time as the Commission determines that proceeding further will not interfere with the powers of the U.S. Bankruptcy Court.
TODAY, if the bankruptcy matter is resolved, shall the Commission close the docket?
On December 30, 1997, an order to show cause was issued to Total National Communications for failure to submit a report and pay the gross receipts tax. The Commission was notified that Total National filed bankruptcy. The matter was continued on March 12, 1998, due to the bankruptcy action.
TODAY, shall the Commission close the docket?
U S WEST Communications, Inc. (now Qwest Corp) has filed to change the text in the Exchange and Network Services Tariff to reflect that customers have additional options besides a check to pay their bill. Customers currently have multiple options for paying their bills, including a transfer of funds from their bank, credit card or debit charge. This filing also clarifies the application of the returned payment charge to accommodate the additional customer payment options available. U S WEST has requested an effective date of April 25, 2000, for the filed changes.
TODAY, shall the Commission approve the proposed tariff revisions?
Natel, LLC submitted an application to provide resold interexchange telecommunications services in South Dakota. The applicant proposes to offer 1+ and 101XXXX direct outbound dialing, 800/888 Toll-Free inbound dialing, travel card service, and prepaid calling card services.
TODAY, shall the Commission grant a Certificate of Authority to Natel, LLC?
Baltic Telecom Cooperative 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.
TODAY, shall the Commission approve the revenue requirement?
West River Cooperative Telephone Company, Bison, SD, 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.
TODAY, shall the Commission approve the revenue requirement?
Sterling Time Company has filed a request for a Certificate of Authority. Sterling Time Company is a switch-based reseller which 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 Sterling Time Company?
Bridgewater-Canistota Independent 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 approve the revenue requirement?
South Dakota Network filed a cost study revenue requirement and a tariff sheet revision for a rate reduction in Switched Transport. South Dakota Network is requesting an effective date of August 1, 2000.
TODAY, shall the Commission approve the revenue requirement?
Telergy Network Services, Inc. (Telergy) filed an application with the Commission for a Certificate of Authority to provide facilities-based and resold local exchange and interexchange telecommunications services within South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to Telergy Network Services, Inc.?
Quintelco, Inc. is requesting the Certificate of Authority to provide local exchange and interexchange telecommunications services in South Dakota be transferred to Local Telcom Holdings, LLC. d/b/a Transpoint Communications (Transpoint). As of April 20, 2000, the telecommunications license assets of Quintelco were sold to Transpoint. On November 20, 2000, Staff was notified that the company wishes to withdraw its application and asked that the item be included on the agenda.
TODAY, shall the Commission grant the withdrawal and close the docket?
Pac-West Telecomm, Inc. is seeking a Certificate of Authority to provide resold interexchange telecommunication services in South Dakota. The applicant intends to provide presubscribed message toll calling and a full range of other inbound and outbound voice and data services.
TODAY, shall the Commission grant a Certificate of Authority to Pac-West Telecomm, Inc.?
Premiere Network Services, Inc. has filed for a Certificate of Authority to provide local exchange and interexchange service on a resold and facilities basis throughout South Dakota. Premiere intends to offer local service, advanced services, MTS, directory assistance, operator assistance, Toll-Free calling services, directory listing services, and telecommunications relay services.
TODAY, shall the Commission grant a Certificate of Authority to Premiere Network Services, Inc.?
360networks (USA) inc. is seeking a Certificate of Authority to provide resold and facilities-based local exchange service in South Dakota. Initially, the applicant will provide non-switched dedicated and private line, high capacity fiber optic transmission capacity and access services and will eventually expect to offer a broad range of voice and data local exchange services to business and residential customers throughout the state.
TODAY, shall the Commission grant a Certificate of Authority to 360networks (USA) inc.?
Ionex Communications North, Inc. (Ionex) is seeking an amended Certificate of Authority to provide facilities-based local exchange service in South Dakota. Ionex is a South Dakota corporation authorized to provide - and currently is providing - resale local exchange and interexchange telecommunications services in the state. On November 3, 2000, Sully Buttes Telephone filed to intervene in this docket.
TODAY, shall the Commission grant intervention to Sully Buttes Telephone? Or, if a stipulation is reached, shall the Commission grant the Certificate of Authority?
Qwest Corporation has filed revised "language in the intrastate Switched Access Tariff to be consistent with the changes to the Interstate Switched Access Tariff, related to direct-trunk and tandem-switched routed traffic as a result of the FCC's 1996 Access Reform local transport restructure. As a result of that restructure, interexchange carriers are required to purchase direct-trunk transport between the service wire center and the access tandem, removing the option to purchase either tandem-switched transport or direct-trunk transport between these two points. When interstate and intrastate traffic is routed over the same facility, the changes made to interstate switched access also apply to intrastate switched access. The revised language changes provide consistency between the state and federal switched access services for direct-trunk and tandem-switched traffic."
TODAY, shall the Commission approve the proposed tariff revisions?
USA Digital Communications, Inc. is seeking a Certificate of Authority to provide resold interexchange telecommunication services in South Dakota. The applicant intends to offer switched and dedicated 1+ services to business and residential customers.
TODAY, shall the Commission grant a Certificate of Authority to USA Digital Communications, Inc.?
Announcements
1. On November 29, 2000, a hearing is scheduled to begin at 1:30pm in Room 464 for Docket CT00- 107 (Johnson).
2. On December 12, 2000, the hearing in Docket CT00-091 (Briggs) will be held at 9am in Room 412 of the State Capitol.
3. Commission meetings and hearings are being scheduled for January 4 and January 17, 2001.
4. A hearing for Docket CT00-055 (BH FiberCom/Qwest) is scheduled for January 18, 2001, at 9am, at the Chamber of Commerce Meeting Room, 800 West Dakota, in Pierre.
5. The next regularly scheduled Commission meeting will be held December 12, 2000, at 2pm, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
November 21, 2000
