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South Dakota Public Utilities Commission Meeting
Tuesday, March 6, 2001; 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 March 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
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On February 14 and 21, 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 694 consumer contacts during 2001. 128 of the complaints were received since the February 21, 2001, meeting.
TELECOMMUNICATIONS: 64 of the contacts involved telecommunications. 10 contacts concerned the unauthorized switching of service; 9 contacts concerned billing issues; 7 contacts involved telemarketers; 6 contacts concerned raising rates without notice; 5 contacts involved charges/fees; 4 contacts involved disconnection; and the remaining issues were cellular service, credit, won't cancel, calling cards, Lifeline/LinkUp, poor service, prepaid calling cards, and refund.
ELECTRICITY: 13 of the contacts involved electricity issues. 5 contacts involved disconnections; and the remaining issues were deposits, wants service, municipal rules, master metering, transfer and billing.
NATURAL GAS: 51 contacts involving natural gas were reported. 35 of the contacts concerned high gas prices; 5 contacts involved billing; 4 contacts concerned disconnections; and the remaining issues were estimated billings, and payment arrangements.
597 complaints have been resolved informally during 2001.
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 February 6, 2001, the Commission granted the Motion to dismiss ILD as a party.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
The Complainant states that he received a call from AT&T indicating that WorldCom had taken the Complainant's service. The Complainant indicates that the switch in service was not authorized. For resolution the Complainant is seeking "the full amount prescribed by South Dakota Law for slamming plus all expenses incurred." On February 26, 2001, WorldCom filed a Motion to Consolidate CT01-005 and CT01-006.
The Complainant alleges that his service was switched to WorldCom without his authorization. The Complainant requests that the Commission assess stiff penalties. On February 26, 2001, WorldCom filed a Motion to Consolidate CT01-005 and CT01-006.
TODAY, shall the Commission grant the Motion to Consolidate CT01-005 and CT01-006?
Electric
Under Section 32(k)(1) of the Public Utility Holding Company Act, an electric utility may not enter into a contract to purchase electric energy at wholesale from an exempt wholesale generator if that exempt wholesale generator is an affiliate or associated company of the electric utility unless the South Dakota Public Utilities Commission makes certain determinations as required by the Act. On June 28, 2000, the Commission issued an Order approving a Purchase Power Agreement (PPA) between MidAmerican Energy Company (MidAmerican) and Cordova Energy Center (Cordova), an affiliate of MidAmerican. MidAmerican seeks to amend the PPA in order to purchase energy from Cordova during its start-up and testing phase of construction. The deadline for intervention is March 2, 2001.
TODAY, shall the Commission grant intervention to any who may have filed? OR, shall the Commission approve the proposed application?
Natural Gas
On January 4, 2001, the Commission received a filing from MidAmerican Energy Company pursuant to Docket NG95-019 requesting: (1) approval of its 2000 economic development report; and (2) approval of its 2001 economic development budget.
TODAY, shall the Commission approve the proposed Economic Development Plan?
Telecommunications
On July 19, 2000, Citizens Telecommunications Company of Nebraska, Inc. 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, staff has an update. AND, how shall the Commission proceed?
On October 25, 2000, JirehCom, Inc. filed for a Certificate of Authority to provide a full range of resold "1+" interexchange telecommunications services on a statewide basis. The applicant intends to provide MTS, in-WATS, out-WATS, and Calling Card services.
TODAY, shall the Commission grant a Certificate of Authority to JirehCom, Inc.?
On November 21, 2000, Claricom Networks, Inc. d/b/a Staples Communications-Networks filed for a Certificate of Authority to provide local exchange telecommunication services in South Dakota. The applicant intends to resell Qwest Corporation services primarily to business customers. On February 27, 2001, the applicant asked to withdraw its application.
TODAY, shall the Commission grant Claircoms request to withdraw?
On November 28, 2000, an Agreement for Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, and Resale of Telecommunications Services between Qwest Corporation (Qwest) and USA Digital, Inc. (USA) was filed with the Commission for approval. The agreement sets forth the terms, conditions and prices under which Qwest will provide (a) services for resale and (b) certain unbundled network elements, ancillary functions and additional features for USA's offering and provisioning of telecommunications services. The agreement also sets forth the terms, conditions and prices under which the parties agree to interconnect and pay reciprocal compensation for the exchange of local traffic. Parties had until December 19, 2000, to file comments.
TODAY, shall the Commission approve the Interconnection Agreement?
On November 29, 2000, Z-Tel Communications, Inc. filed a request for a Certificate of Authority to provide facilities based local exchange service using an unbundled network element platform of the incumbent local exchange company. Z-Tel intends to provide local exchange service, custom calling and CLASS features, local operator assisted services and other services basic to local exchange service. Z-Tel intends to offer its services initially in the territory now served by Qwest Corporation.
TODAY, shall the Commission grant a Certificate of Authority to Z-Tel Communication, Inc.?
On November 30, 2000, an Opt-In Interconnection Agreement between Qwest Corporation (Qwest) and Maxcess, Inc. (Maxcess) was filed with the Commission for approval. The agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide services for resale to Maxcess for the provision of local exchange services. Parties had until December 20, 2000, to file comments.
TODAY, shall the Commission approve the Interconnection Agreement?
On December 4, 2000, ALLTEL Communications, Inc. (ALLTEL) filed a request for a Certificate of Authority to provide resold telecommunications services throughout South Dakota. ALLTEL intends to offer resold intrastate, interstate and international long distance service, including calling cards.
TODAY, shall the Commission grant a Certificate of Authority to ALLTEL Communication, Inc.?
On January 8, 2001, Toledo Area Telecommunications Services, Inc. d/b/a Buckeye TeleSystem filed for a Certificate of Authority to provide intrastate interexchange telecommunication services in South Dakota. The applicant intends to provide outbound direct dial, inbound toll free, travel card, frame relay, and alternative operator assisted service.
TODAY, shall the Commission grant a Certificate of Authority to Toledo Area Telecommunications Services, Inc.?
On January 26, 2001, a Fifth Amendment to the Interconnection Agreement between Qwest Corporation (Qwest) and McLeodUSA Telecommunications Services, Inc. (McLeodUSA) was filed with the Commission for approval. The agreement is a negotiated agreement with the parties adopting the negotiated interconnection agreement between McLeodUSA and Qwest which was approved by the Commission effective July 23, 1999, in Docket TC99-057. According to the parties the Amendment adds terms, conditions and rates for xDSL-I Loop (IDSL) to Attachment 3, Section 2, on Unbundled Elements. The Amendment also adds a new section 2.9 entitled "xDSL-I Loop (IDSL)". Parties had until February 15, 2001, to file comments.
TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?
On January 31, 2001, Long Distance Billing Services, Inc. filed for a Certificate of Authority to provide resold interexchange services throughout South Dakota. They intend to provide 1+ and 101XXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services, and travel card service.
TODAY, shall the Commission grant a Certificate of Authority to Long Distance Billing Services, Inc.?
On February 2, 2001, Fourth and Fifth Amendments to the interconnection agreement between Qwest Corporation (Qwest) and DSLnet Communications, LLC (DSLnet) were filed with the Commission for approval. The agreement is a negotiated agreement with the parties which was approved by the Commission effective September 23, 1999. According to the parties the Fourth Amendment is made to add Unbundled Loops to the agreement. The Fifth Amendment is made in order to replace the Interim Line Sharing Agreement DSLnet entered into on May 3, 2000, and adds terms, conditions and rates for Line Sharing. Parties had until February 22, 2001, to file comments.
TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?
On February 7, 2001, Gates Communications, Inc. filed for a Certificate of Authority to provide resold interexchange services throughout South Dakota. They intend to offer 1+ and 101XXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services and travel card service.
TODAY, shall the Commission grant a Certificate of Authority to Gates Communications, Inc.?
Announcements
1. Commissioners and staff are attending the NARUC meetings in Washington, DC, February 25- March 1, 2001.
2. The Commission's Consumer Outreach Booth will be at the Sioux Empire Home Show, March 1-4, 2001.
3. The Commission's Consumer Outreach Booth will be at the Watertown Home Show, March 9-11, 2001.
4. Hearings in Dockets CT01-004 (Mack/Talk.com); CT01-005 (Ourada/WorldCom); CT01-006 (Donahoe/WorldCom), will be held on March 22, 2001, beginning at 8:30am in Room 412 of the State Capitol.
5. The Commission's Consumer Outreach Booth will be at the Black Hills Home Show, March 29-April 1, 2001.
6. Commission meetings (1:30) and hearings (8:30) are being scheduled for April 5 and April 17, 2001, in Room 412 of the State Capitol.
7. The next regularly scheduled Commission meeting will be held March 22, 2001, at 1:30pm, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
February 28, 2001
