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South Dakota Public Utilities Commission Meeting
Tuesday, February 6, 2001; 2:30 P.M.
State Capitol Building, Room 468
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 February 5, 2001.
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
Leadership
1. Election Of A Chairperson and Vice-Chairperson Of The Commission. (General Counsel: Rolayne Wiest.)
South Dakota Codified Law 49-1-8 states in part that, "The members of the Commission shall elect a chairperson by majority vote and prescribe his duties." Traditionally, the three Commissioners have elected a Chairperson and a Vice-Chairperson every two years. The person thus elected the Chairperson has customarily functioned as the chief executive officer of the Commission. SDCL 49-1- 12 requires that, "Every vote and official action of the Public Utilities Commission shall be entered of record and its proceedings shall be public upon the request of either party or any person interested." Accordingly, the determination of the Commission's leadership structure shall be made at this public meeting.
TODAY, how shall the Commission provide for its executive leadership?
Administration
1. Approval Of The
Minutes Of The Commission Meeting Held On January 17, 2001. (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 359 consumer contacts during 2001. 285 contacts have been received since the January 17, 2001 meeting.
TELECOMMUNICATIONS: 180 of the contacts involved telecommunications. 30 of the contacts involved poor service; 25 of the contacts involved billing errors; 19 of the contacts concerned poor customer service; 19 of the contacts involved raising rates without notice; 8 of the contacts concerned the unauthorized switching of service; 6 contacts involved telemarketers; 5 contacts concerned delayed installation; 4 contacts concerned directory assistance; 4 contacts concerned internet scams; and the remaining issues involved cellular service, 800 numbers, collect calls charges, unauthorized billing for services, fees, Lifeline/LinkUp, MCI litigation, payment arrangements, poor products, prepaid calling cards, property damage, nuisance calls, and transfers.
ELECTRICITY: 19 of the contacts involved electricity issues. 9 contacts concerned disconnection, 4 contacts concerned billing issues; 4 contacts involved rates; and the remaining issues were easements and outages.
NATURAL GAS: 160 contacts involving natural gas were reported. 145 of the contacts involved high costs; 7 contacts involved billing issues; 5 contacts concerned disconnection, 2 contacts concerned energy assistance and the remaining issue was estimated billings.
301 complaints have been resolved informally during 2001.
2. IN THE MATTER OF DISMISSING COMPLAINTS CT00-107, CT00-116, CT01-002.
On October 16, 2000, the Commission received a complaint from Amy and Craig Johnson, Sioux Falls, SD, against MCI Worldcom. The Complainants allege that they did not authorize MCI for services. On December 13, 2000, the Commission received a Motion To Add McLeodUSA. On January 12, 2001, the Commission added McLeod as a party. On January 16, 2001, the Commission received a letter from the Johnson's requesting dismissal.
On December 18, 2000, the Commission received a complaint filed by Norman Matson, Oldham, South Dakota, against AT&T Communications of the Midwest, Inc. regarding unauthorized switching of services. The complainant reported that he contacted AT&T to get international rate information for long distance services. He alleged that he did not agree to services with AT&T and AT&T has not been able to produce a verification tape. His phone services were switched without his authorization and he feels that AT&T should be held accountable to the full extent of the law for the unauthorized switch.
On January 4, 2001, the Commission received a Complaint filed by Robert E. Ellis, Florence, SD, against OLS, Inc., regarding unauthorized switching of services. The complainant alleges that his long distance phone provider was switched without his knowledge or authorization and that he was without a long distance carrier for five days. The complainant requests that OLS be fined and the phone bill paid to AT&T for calls billed by OLS.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
Complainant alleges that his long distance carrier was switched in May or June, 2000, without his permission. He requested reimbursement for all of the America's Tele-Network long distance charges, the $5.00 switching fee and the maximum penalty of $1000.00. The Commission added ILD Telecommunications as a party at the January 4, 2001, regular meeting. On January 24, 2001, ILD filed a Motion to be dismissed as a party.
TODAY, shall the Commission grant ILD Telecommunications' Motion to be Dismissed?
The Complainant alleges that his long distance service was switched without authorization. He seeks "civil penalty according to South Dakota Codified laws." A hearing was held in this matter on January 17, 2001. A Motion of Continuance was made and granted. On January 29, 2001, the Commission received a letter from Terry Hoffmann, Director of Tribal Probation, Flandreau Santee Sioux Tribe (FSST), requesting that the complaint be amended by substituting Flandreau Santee Sioux Tribe Probation Office for his name and that he be allowed to appear on behalf of the Flandreau Santee Sioux Tribe in this matter.
Today, shall the Commission approve the request that Terry Hoffmann's name be substituted with the Flandreau Santee Sioux Tribe Probation Office; and, shall the Commission allow Terry Hoffmann to appear on behalf of the Flandreau Santee Sioux Tribe?
5. IN THE MATTER OF CONSIDERING DOCKETS CT00-113, CT00-114, AND CT00-115.
The Complainant indicates that Ionex did not provide services as requested. The Complainant requests imposition of penalties.
The Complainant indicates that MCI WorldCom was not authorized to provide telecommunications services to FSST Social Services. The Complainant requests imposition of penalties.
The Complainant indicates that Telecom*USA was not authorized to provide telecommunications services to FSST Social Services. The Complainant requests imposition of penalties.
On January 25, 2001, the Commission received a letter from Jack Thompson, Program Director/Social Services, Flandreau Santee Sioux Tribe, asking to amend Docket CT00-114; to consolidate Dockets CT00-113 and CT00-115 into Docket CT00-114 and dismiss Dockets CT00-113 and CT00-115; and, to allow him to appear on behalf of the Flandreau Santee Sioux Tribe.
Today, shall the Commission approve the requested amendment to substitute Flandreau Santee Sioux Tribe, Social Service Program, for the Complainant; and, shall the Commission approve the request to join all parties into Docket CT00-114, and dismiss Dockets CT00-113 and CT00-115; and , shall the Commission grant the request to allow Jack Thompson to appear on behalf of the Flandreau Santee Sioux Tribe?
Electric
The City of Pierre has submitted an application for a permit to construct transmission facilities as defined at SDCL 49-41B-2(9)(b). These facilities consist of approximately 4.03 miles of new 115 kilovolt (kV) electric transmission line and associated terminal facilities between the City's Ash Substation and the Western Area Power Administration Oahe-Pierre 115kV line. In addition, a 0.80 mile segment of the City's Ash to Evans 115kV transmission line would be relocated to a new route and constructed on new structures. Both transmission lines are located in Hughes County, South Dakota. On January 30, 2001, the Commission received a request from the City of Pierre for a Waiver of the 180-Day Rule.
TODAY, shall the Commission grant the requested Waiver of the 180-Day Rule?
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 that the Commission 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. The Commission issued its order regarding the PGA issue on April 27, 2000. On June 8, 2000, Staff filed a Motion to Compel NorthWestern Public Service to Comply with the Commission Order. The Commission heard the matter at the August 22, 2000, regular meeting, and asked NorthWestern to respond to questions. On December 6, 2000, the Commission received a Memorandum of NorthWestern Concerning the Status of Nekota Resources, Inc. Pipeline. The Commission ruled on the Motion to Compel at the January 17, 2001, regular meeting.
TODAY, how shall the Commission rule on the Regulatory Status of the Nekota Resources, Inc. Pipeline?
2. NG00-009 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF TARIFF REVISIONS. (Staff Analyst: Heather Forney. Staff Attorney: Kelly Frazier.)
MidAmerican Energy Company (MidAmerican) filed revised Sales and Gas Transportation Tariff sheets with the Commission on December 11, 2000. MidAmerican is proposing changes in the areas of Curtailment, Group Balancing and Late Nomination - Rescheduling Service Fee, Short Critical Day Penalty, Waiver of Penalties, Change from "BTU Daily Gas Wire" to "Gas Daily" Index, and Optional Daily Balance Service. The proposed changes are anticipated to have a minimal impact on the company's revenue. A Customer Notice letter explaining the changes will be provided as an insert within customers' bills in January 2001. The company is requesting an effective date of February 1, 2001.
TODAY, shall the Commission approve the proposed tariff revisions?
Telecommunications
1. TC00-078 IN THE MATTER OF THE FILING FOR APPROVAL OF A RESALE AGREEMENT BETWEEN U S WEST COMMUNICATIONS, INC. AND NOW COMMUNICATIONS, INC. (Staff Attorney: Karen Cremer.)
A negotiated resale interconnection agreement between U S WEST Communications, Inc. and NOW Communications, Inc. was filed for approval pursuant to 47 U.S.C. Section 252(e). The resale agreement will provide for the resale of local telecommunications services within the geographical areas where U S WEST is the incumbent local exchange carrier. On January 29, 2001, the Commission received a request to withdraw from NOW Communications, Inc.
TODAY, shall the Commission grant NOW Communications' request to withdraw?
On July 19, 2000, Citizens Telecommunications Company of Minnesota, Inc. filed for a Certificate of Authority to provide local exchange service to subscribers of the Ortonville-Big Stone and Jasper, Minnesota exchanges located within the state of South Dakota. Citizens Minnesota proposes to offer local exchange service and may expand to include cellular, paging and personal communications services. On January 30, 2001, the Commission received a Motion to Amend Application for Certificate of Authority.
TODAY, shall the Commission grant the Motion to Amend the Certificate of Authority? AND, shall the Commission grant a Certificate of Authority to Citizens Telecommunications Company of Minnesota, Inc?
Citizens Telecommunications Company of Nebraska, Inc. has filed for a Certificate of Authority to provide local exchange service to subscribers of the Valentine exchange located within the state of South Dakota. Citizens Nebraska proposes to offer local exchange service and may expand to include cellular, paging and personal communications services.
TODAY, shall the Commission grant a Certificate of Authority to Citizens Telecommunications Company of Nebraska, Inc?
On August 21, 2000, the Commission received the Application of Tel West Communications, LLC for a Certificate of Authority to provide local exchange services in South Dakota. Tel West Communications, LLC is seeking a Certificate of Authority to provide resold local exchange telecommunication services in South Dakota. The applicant intends to provide all forms of intrastate telecommunications services including basic residential exchange services, call waiting, caller ID, and call forwarding.
TODAY, shall the Commission grant a Certificate of Authority to Tel West Communications, LLC?
On October 26, 2000, the Commission received the Application of RCN Telecom Services, Inc. for a Certificate of Authority to provide telecommunications services in South Dakota. RCN Telecom Services, Inc. (RCN TS) is seeking a Certificate of Authority to provide interexchange telecommunications services on a statewide basis. RCN TS in conjunction with RCN Long Distance Company (RCN LD) is requesting: 1) authority to merge RCN LD with and into RCN TS and to assign RCN LD's customers and operations to RCN TS, (2) cancellation of RCN LD's Certificate of Authority, and (3) issuance to RCN TS of a Certificate of Authority identical to those currently held by RCN LD. RCN TS will provide identical services, rates, terms, and conditions as are currently offered by RCN LD
TODAY, shall the Commission grant a Certificate of Authority to RCN Telecom Services, Inc.?
On November 2, 2000, NewSouth Communications Corp. filed for a Certificate of Authority to provide telecommunications services in South Dakota. NewSouth Communications Corp. plans to provide intrastate interexchange telecommunications services in South Dakota including message toll service, Travel Card and operator assisted services by reselling the services of underlying carriers.
TODAY, shall the Commission grant a Certificate of Authority to NewSouth Communications Corp.?
On November 8, 2000, Qwest Corporation filed with the Commission a revision to its Pierre-Fort Pierre Locality Special Rate Area Map. The territory being removed from the Qwest Pierre-Fort Pierre exchange will now be in the Golden West exchange territory and Golden West will serve the customers in that area.
TODAY, shall the Commission approve the proposed revisions to the Locality Special Rate Area Map?
NOW Communications of South Dakota is seeking a Certificate of Authority to provide intrastate interexchange and local exchange telecommunication services in South Dakota. The applicant intends to provide basic local exchange services on a resale basis in Qwest's service territory and intends to resell long distance services from major facilities-based carriers. On January 29, 2001, the Commission received a request to withdraw from NOW Communications, Inc.
TODAY, shall the Commission grant NOW Communications' request to withdraw?
9. TC01-001 IN THE MATTER OF THE FILING FOR APPROVAL OF AN EXTENDED AREA SERVICE AGREEMENT BETWEEN MCLEODUSA TELECOM DEVELOPMENT, INC. F/K/A DAKOTA TELECOM, INC. AND JEFFERSON TELEPHONE COMPANY. (Staff Analyst: Michele Farris. Staff Attorney: Kelly Frazier.)
On January 2, 2001, McLeodUSA Telecom Development, Inc.(McLeodUSA) filed a petition with the Commission to approve the Extended Area Service Agreement between McLeodUSA and Jefferson Telephone. Currently, McLeodUSA provides local exchange service in Elk Point, SD but not in Jefferson, SD. To facilitate better service to its customers, McLeodUSA desires to offer Extended Area Service from Elk Point to the consumers within the city of Jefferson.
TODAY, shall the Commission approve the proposed Extended Area Service Agreement?
Announcements
1. Commission meetings and hearings are being scheduled for March 6 and March 22, 2001.
2. The next regularly scheduled Commission meeting will be held February 21, 2001, at 2:30pm, in Room 468 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
January 30, 2001
