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South Dakota Public Utilities Commission Meeting
Tuesday, April 17, 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 April 16, 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 March 2 and 6, 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 1174 consumer contacts during 2001. 249 of the complaints were received since March 22, 2001.
TELECOMMUNICATIONS: 177 of the contacts involved telecommunications. 24 of the contacts concerned billing issues; 17 of the contacts involved poor service; 16 contacts involved telemarketers; 13 contacts concerned switching service without authorization; 12 contacts involved raising rates without notice; 7 contacts involved delayed installation; 6 contacts concerned internet issues; 5 contacts concerned toll blocking; 5 contacts involved fees; and the remaining issues were cellular service, collect calls, continuous redial, international calls, lifeline, line extension and nuisance calls.
ELECTRICITY: 35 of the contacts involved electricity issues. 20 contacts concerned disconnections; and the remaining issues were billing, delayed service, estimated readings, solar energy and landlord/tenant dispute.
NATURAL GAS: 37 contacts involving natural gas were reported. 22 of the contacts concerned gas prices; 5 concerned disconnections; 5 concerned billings and the remaining issues were fees and estimated billings.
1070 complaints have been resolved informally during 2001.
2. IN THE MATTER OF DISMISSING COMPLAINT DOCKETS CT01-003, CT01-004, CT01-005, CT01-006, CT01-007, CT01-009, and CT01-011.
The Complainants claim that they received a billing which included international toll charges to a foreign country which they did not authorize. AT&T claims that the charges were generated through the Complainants' computer modem. The Complainants claim that "we do not have a modem on our computer connected to the phone lines." The Complainants request removal of charges and reimbursement for all expenses related to the cost of attending a hearing.
The Complainant alleges an unauthorized switch of long distance providers and charges for unauthorized services billed to her minor daughter. The Complainant requests that the company make restitution and be fined or put out of business.
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."
The Complainant alleges that his service was switched to WorldCom without his authorization. The Complainant requests that the Commission assess stiff penalties.
The Complainant indicates that her service was switched through deceptive tactics in October 2000. The Complainant is seeking $1000.00 as a penalty against the company to prevent them from doing this to others.
The Complainant alleges that his long distance services were switched without his authorization. The Complainant is seeking a fine for Qwest and compensation of $1000.00 from Qwest, along with switching fees and credit for all remaining unauthorized charges.
Complainant alleges that she cancelled long distance services with Excel in 1999 and began receiving monthly bills from Excel in March 2000. She requests that Excel stop billing her and that the billing problem is permanently solved.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
The Complainants claim that their telecommunications services were switched without authorization. During an informal investigation of this complaint, neither PowerNet Global Communications nor Broadwing Telecommunications could provide authorization of services. Neither company accepts responsibility for the switch. The Complainants are requesting $1000 plus expenses from each company. On March 29, 2001, Broadwing Telecommunications, Inc. filed a Motion to Dismiss. On March 30, 2001, PowerNet filed a cross claim against Broadwing. On April 6, 2001, PowerNet filed an Opposition to Broadwing's Motion to Dismiss.
TODAY, shall the Commission grant Broadwing's Motion to Dismiss?
Electric
On December 23, 1999, Northern States Power Company (now Xcel Energy) filed a petition seeking approval of the inclusion of the expenses of financial instruments and linked transactions regarding purchased power within the fuel adjustment clause. On May 10, 2000, the Commission issued its Order Approving Petition. On April 6, 2001, the Commission received Xcel's compliance filing and request for a twelve-month extension of the test period.
TODAY, shall the Commission grant the extension of the test period?
On September 19, 2000, an application by Xcel Energy, Inc. for approval of a memorandum of understanding which would provide benefits to its customers and service territory was filed with the Commission. Excel Energy, Inc. proposes to provide an additional contribution to its annual economic development investment within its service territory for a limited time and also agrees to a conditional rate moratorium until May 1, 2004. The agreement is being offered to provide rate payers expected benefits of the recent merger between Northern States Power Company and New Century Energies Company.
TODAY, Staff has an update. AND, how shall the Commission proceed?
On November 15, 2000, Xcel Energy, Inc. filed a petition for the Commission to certify to the SEC that: (1) the SDPUC has the authority and resources to protect the rate payers subject to its jurisdiction; (2) the SDPUC intends to exercise its authority; and (3) the SDPUC does not object to the SEC's granting of authority to Xcel Energy Inc. to invest in exempt wholesale generators (EWGs) and foreign utility corporate organizations (FUCOs) in an amount up to 100% of its consolidated retained earnings and separately above 100% to allow for assets to be transferred pursuant to electric restructuring law in Texas.
TODAY, shall the Commission provide the Statements to the Securities and Exchange Commission?
On February 22, 2001, West River Electric Association (WREA) filed a petition for approval of an electric service territory agreement with Black Hills Power & Light (BHP&L). In the agreement WREA authorized BHP&L to serve two "frozen customers" in exchange for kilowatt-hours and BHP&L authorized WREA to serve one "frozen customer" in exchange for kilowatt-hours. The deadline to intervene was March 16, 2001.
TODAY, shall the Commission approve the proposed service territory agreement?
On February 23, 2001, Otter Tail Power Company filed to add a Voluntary Renewable Energy Rider to the South Dakota electric tariff book. This rider allows eligible customers the option to purchase renewable wind energy at a fixed price above the customer's existing tariff rate. The deadline to intervene was March 16, 2001.
TODAY, shall the Commission approve the proposed voluntary renewable energy rider?
Gas/Electric
MidAmerican Energy Company has filed to revise its South Dakota Gas and Electric Tariff Sample Bill Form. These changes to the bill format eliminate the gas transport charge line item and update the company contact information. The deadline to intervene is April 13, 2001.
TODAY, shall the Commission approve the proposed tariff revisions?
Telecommunications
On October 2, 2000, FairPoint Communications Solutions Corp. filed for a Certificate of Authority seeking to provide local exchange and interexchange telecommunication services in South Dakota. The applicant will provide various types of services including Message Telephone Service, Wide-Area Telephone Service, WATS-like services, Foreign Exchange Services, private lines, tie lines, switched and special access service, cellular service, PCS service, local switched service, unbundled local links or ports, switching services, information services, Internet services, and other services and facilities of communications common carriers and other entities.
TODAY, shall the Commission grant a Certificate of Authority to Fairpoint Communications Solutions Corp.?
On October 6, 2000, a Resale Interconnection Agreement between Qwest Corporation (Qwest) and Flatel, Inc., was filed with the Commission. The agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide the Unbundled Network Element Platform and/or services for resale to Flatel for the provision of local exchange services. Parties had until October 26, 2000, to file comments.
TODAY, shall the Commission approve the Interconnection Agreement?
On January 11, 2001, SNiP Link, LLC filed for a Certificate of Authority seeking to provide interexchange telecommunication services in South Dakota. Initially the applicant intends to offer basic 1+ long distance services, WATS, calling card services and Toll-Free services through resale.
TODAY, shall the Commission grant a Certificate of Authority to SNiP Link, LLC?
On January 11, 2001, RSL COM U.S.A., Inc., the parent company of LDM Systems, Inc., requested to withdraw the interexchange Certificate of Authority granted to LDM Systems, Inc. in TC95-121 and to transfer the local Certificate of Authority granted to LDM Systems, Inc. in TC97-038 to itself. LDM Systems, Inc. will cease providing interexchange telecommunications services in the state, and the LDM Systems, Inc. current customers will continue to be served by RSL COM U.S.A., Inc. under the same rates and pursuant to the same terms and conditions of service. LDM Systems, Inc. does not have any local exchange customers in the state. On March 9, 2001, the Commission received a letter requesting withdrawal of the filing.
TODAY, shall the Commission approve the withdrawal of the filing?
On January 18, 2001, Midstate Telecom, Inc. filed an application requesting a Certificate of Authority to provide local exchange telecommunication services in South Dakota. Applicant is also requesting it be exempted from filing company-specific cost-based switched access rates.
TODAY, shall the Commission grant a Certificate of Authority to Midstate Telecom, Inc.?
On February 20, 2001, Amendments numbered three and four to the interconnection agreement between Qwest Corporation (Qwest) and Ionex Communications North, Inc. (Ionex) were filed with the Commission for approval. According to the parties the Third Amendment is made in order to replace the Interim Line Sharing as set forth in Attachment 1 to the amendment. The Fourth Amendment reduces the intervals for (a) physical collocation (both caged and cageless) to forty-five (45) days, and (b) collocation augments to thirty (30) days based on certain terms and conditions set forth in the amendment. Parties had until March 12, 2001, to file comments.
TODAY, shall the Commission approve the amendments to the Interconnection Agreements?
On February 22, 2001, Kadoka Telephone Company filed to change Switched Access Tariff rates effective April 1, 2001. In accordance with ARSD 20:10:27:12, the switched access rates are the average of all cost companies in South Dakota excluding Qwest Corporation.
TODAY, shall the Commission approve the proposed tariff rates?
On February 23, 2001, a Filing for Approval of a 911/Waiver Amendment (Amendment) to an Interconnection Agreement between Qwest Corporation (Qwest) and Sprint Communications Company L.P. (Sprint) was filed with the Commission for approval. According to the parties the Amendment is for the states of Idaho, Iowa, Montana, Nebraska, New Mexico, North Dakota, Oregon,
South Dakota, Utah and Wyoming. It is an amendment to the interconnection agreement approved by the Commission effective November 21, 1997, in Docket TC97-149. The Amendment addresses Sprint's desire to offer a new Dial IP product in the aforementioned states. Parties had until March 15, 2001, to file comments.
TODAY, shall the Commission approve the proposed waiver amendment to the Interconnection Agreement?
On March 5, 2001, Continental First Star Communications Company filed for a Certificate of Authority seeking to provide resold local exchange service throughout South Dakota. On March 20, 2001, SDITC filed a Petition to Intervene.
TODAY, shall the Commission grant SDITC's Petition for Intervention?
On March 12, 2001, McLeodUSA Telecommunications Services, Inc. (McLeodUSA) filed an Intrastate Switched Access Tariff with an effective date of April 9, 2001. McLeodUSA also filed a petition "for exemption from developing company-specific cost-based switched access rates." On March 26, 2001, Qwest filed a Petition to Intervene.
TODAY, shall the Commission grant Qwest's Petition for Intervention?
On March 16, 2001, a Fifth Amendment to the Interconnection Agreement between Qwest Corporation f/k/a U S WEST Communications, Inc. (Qwest) and New Edge Network, Inc. d/b/a New Edge Networks (New Edge) was filed with the Commission for approval. The agreement is a negotiated agreement between Qwest and New Edge which was approved by the Commission effective January 12, 2000, in Docket TC99-109. According to the parties, the amendment is made in order to replace the Interim Line Sharing Agreement entered into between New Edge and U S WEST Communications, Inc. on April 24, 2000, and to replace Amendment No. 1 to the Underlying Agreement with the terms, conditions and rates set forth in Attachment 1 to this Amendment and replace both with the terms, conditions and rates as set forth in Attachment 1 to the Amendment. Parties had until April 5, 2001, to file comments.
TODAY, shall the Commission approve the proposed Amendment to the Interconnections Agreement?
The South Dakota Association of the Deaf, d/b/a Communication Services for the Deaf (CSD) is seeking a Certificate of Authority to provide interexchange telecommunication services throughout South Dakota. CSD intends to sell prepaid calling cards to the general public.
TODAY, shall the Commission grant a Certificate of Authority to The South Dakota Association of the Deaf, d/b/a Communication Services?
Qwest has filed revisions to Sections 1 and 13 of its South Dakota Access Service Tariff. These revisions modify the language and application of unauthorized Primary Interexchange Carrier (PIC) changes to comply with FCC rules.
TODAY, shall the Commission approve the proposed tariff revisions?
Natural Gas
1. IN THE MATTER OF COMMISSION INVOLVEMENT IN WILLISTON BASIN INTERSTATE PIPELINE'S CURRENT RATE CASE RP00-107 BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION. (Staff Analyst: Dave Jacobson.)
On December 1, 1999, Williston Basin Interstate Pipeline Company (WBI or Williston) filed for a $13.4 million rate increase before the Federal Energy Regulatory Commission (FERC). The Commission approved involvement in this case in December, 1999, and subsequently intervened and protested Williston's filing in partnership with the Montana Consumer Counsel (State Agencies). On June 7, 2000, the State Agencies filed testimony in this case. A hearing in this case before a FERC administrative law judge (ALJ) began on November 29, 2000, and concluded December 20, 2000. On February 28, 2001, the State Agencies filed reply briefs before the ALJ. A decision can be expected in the near future at which time further action will be considered. Also, other issues in pending appeals may need to be addressed. In past cases, the Montana Consumer Counsel and the Montana Public Service Commission have offered to share in the cost of these proceedings.
TODAY, shall the Commission go forward with its participation in the analysis of WBI's current rate proceeding by providing funding for consultants?
Announcements
1. A hearing is scheduled in Docket NG01-004 (Nightingale) on April 18, 2001, at 1:30pm in Room 412 of the State Capitol.
2. On May 3, 2001, a hearing in Docket GD01-001 (McCook Feed) will be held in Canistota beginning at 10:00am.
3. Hearings for complaint Dockets CT01-012 and CT01-013 are scheduled to begin at 8:30am on May 8, 2001, in Room 412 of the State Capitol.
4. A Commission meeting (1:30pm) and hearings (8:30am) are being scheduled for May 31, 2001, in Room 412 of the State Capitol.
5. The next regularly scheduled Commission meeting will be held May 8, 2001, at 1:30pm, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
April 10, 2001
