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Please see Addendum to this Agenda
South Dakota Public Utilities Commission Meeting
Tuesday, May 8, 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 May 7, 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 Meeting Held On April 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 1344 consumer contacts during 2001. 69 of the complaints were received since the April 17, 2001, meeting.
TELECOMMUNICATIONS: 55 of the contacts involved telecommunications. 8 contacts concerned billing issues; 6 contacts concerned the unauthorized switching of telecommunication services; 5 contacted involved telemarketers; 5 contacts concerned poor service; 4 contacts concerned continuous redialing; and the remaining contacts involved above-ground cable, Caller ID, cellular service, billing for unauthorized services, and use of Social Security Numbers.
ELECTRICITY: 10 of the contacts involved electricity issues. 9 of the contacts involved disconnection and the remaining issue was an outage.
NATURAL GAS: 4 of the contacts involved natural gas. 2 of the contacts concerned high gas prices and 2 contacts involved disconnections.
1243 complaints have been resolved informally during 2001.
The complainant alleges McLeodUSA was contacted on November 13, 2000, to report a phone outage and the phone line was not repaired until November 17, 2000. The complainant alleges the severity and urgency of his request for repairs went unheeded. He reports that being without phone service for almost five days had impacted his business revenue. The complainant is seeking monetary and punitive damages for the amount of $4890.00 for the period of time without phone service. On January 9, 2001, the Commission received a request from Mike Mattern to add Qwest Corporation as a party. On January 17, 2001, the Commission denied adding Qwest as a party. On April 19, 2001, the Commission received a Motion from McLeodUSA to add Qwest Corporation as a party. On April 21, 2001, Qwest Corporation responded, stating that it does not object to being added as a party.
TODAY, shall the Commission add Qwest Corporation as a party?
On March 15, 2001, the Commission received a Complaint filed by Richard and Nancie Haggar, Sioux Falls, South Dakota, against WebNet Communications, Inc. regarding misrepresenting rates. The Complainants claim that they were promised seven cents per minute every day plus a $100 check for signing up. The Complaints claim they did not get the check or the promised rates. The Complainants are requesting $100, rerating of their billings, plus all hearing expenses paid.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
Electric
On April 30, 2001, Otter Tail Power Company filed a contract with deviations and its summary list of contracts with deviations. The municipal contract for the City of Ward was updated because the old contract will expire on May 1, 2001. The new contract does not include any new rates that would be considered a deviation.
TODAY, shall the Commission approve the proposed contract with deviations?
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?
Gas/Electric
On March 26, 2001, MidAmerican Energy Company requested approval of a proposed informational booklet for new commercial and residential customers in South Dakota, entitled "Welcome - Helpful Information About MidAmerican Energy." This booklet will replace the "Guide to Energy Services" approved in 1997.
TODAY, shall the Commission approve the Informational Booklet?
Telecommunications
Qwest Corporation (Qwest) filed with the Commission a Statement of Generally Available Terms and Conditions (SGAT) and a Compliance Filing Modifying Qwest's SGAT to Adopt Collocation Provision Intervals Set by the FCC (Compliance Filing). In its SGAT filing, Qwest states that it is requesting that the Commission open a docket for review of the SGAT; that it has triggered the 60-day review period under Section 252(f)(3) of the Telecommunications Act of 1996 (Act); and that it provides Qwest's model contract offering that will frame discussions for the Act's 271 process. In its Compliance Filing, Qwest requests that the Commission issue an Order allowing section 8.4 of the SGAT to be amended consistent with the intervals set forth by the FCC. At the December 12, 2000, regular meeting, the Commission granted intervention to AT&T, McLeodUSA, and Midcontinent Communications. The Commission allowed the SGAT to go into effect at the January 17, 2001, regular meeting.
TODAY, how shall the Commission proceed?
On March 9, 2001, an Agreement for Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services between Qwest Corporation (Qwest) and Essex Communications, Inc. d/b/a eLEC Communications (eLEC) was filed with the Commission for approval. According to the parties, the agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide services for resale to eLEC for the provision of local exchange services. Parties had until March 29, 2001, to file comments.
TODAY, shall the Commission approve the proposed Interconnection Agreement?
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 Corporation filed a Petition to Intervene. On April 16, 2001, Qwest Corporation withdrew its request to intervene.
TODAY, shall the Commission approve the Intrastate Switched Access Tariff? AND, shall the Commission grant the exemption from developing company specific cost-based switched access rates?
On March 13, 2001, the Commission received an application from Working Assets Funding Service, Inc. seeking a Certificate of Authority to provide interexchange telecommunication services in South Dakota. The applicant is a reseller who is currently providing interexchange services in South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to Working Assets Funding Services, Inc.?
On March 16, 2001, an agreement for interconnection between Qwest Corporation (Qwest) and Avera Communication, L.L.C. (Avera), was filed with the Commission for approval. According to the parties the agreement is a negotiated agreement with the parties adopting the terms related to UNE Combinations and Reciprocal Compensation - Bill and Keep of the negotiated interconnection agreement between McLeodUSA Telecommunications Services, Inc. and Qwest, which was originally approved by the Commission effective July 23, 1999, in Docket TC99-057 with Amendments No. 1 and 2. Parties had until April 5, 2001, to file comments.
TODAY, shall the Commission approve the proposed Interconnection Agreement?
On March 29, 2001, a First Amendment to an Interconnection Agreement between Qwest Corporation (Qwest) and TW Wireless, L.L.C. (TW) was filed with the Commission for approval. The Agreement is a negotiated agreement between the parties and was originally approved by the Commission effective February 11, 2000, in Docket TC99-123. According to the parties the Amendment is made to include the addition of a Single Point of Presence (SPOP) in the LATA language set forth in Attachment 1 to the Amendment. Parties had until April 18, 2001, to file comments.
TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?
On April 2, 2001, a Second Amendment to the Interconnection Agreement between Qwest Corporation (Qwest) and NewPath Holdings, Inc. (NewPath) was filed with the Commission for approval. The agreement is a negotiated agreement between the parties which was approved by the Commission on August 16, 2000 in TC00-099. According to the parties the Amendment replaces the existing Collocation Section, in its entirety, with the terms, conditions and rates that are set forth in Attachment 1 and Exhibit A to the proposed Amendment. Parties had until April 23, 2001, to file comments.
TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?
On March 23, 2001, Local Telcom Holdings, LLC d/b/a Transpoint Communications filed for a Certificate of Authority seeking to provide non-facilities-based and resold interexchange telecommunications services indiscriminately to both residential and business class customers throughout the entire state of South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to Local Telcom Holdings, LLC?
On April 6, 2001, McCook Cooperative Telephone Company (McCook) filed a request to waive ARSD 20:10:27:07 which requires a company to submit "cost data in support of its switched access service tariff no less than once every three years." McCook acquired the telephone assets of Hanson Communications, Inc., which included the Salem and Alexandria exchanges, effective January 1, 2001. Alexandria, prior to the transfer, was an average schedule company. There is thus no cost data available for that exchange at the present time. McCook is required to file cost data this year under the requirements of the above rule, but only for the Salem exchange. McCook requests a one year waiver to enable McCook to file one cost study on behalf of all of its exchanges. It would be more economical for McCook to submit one cost study that includes all of its exchanges, rather than filing for only the Salem exchange. McCook is a member of the Local Exchange Carrier Association, as was Hanson Communications.
TODAY, shall the Commission grant the waiver of the Requirement to File a Switched Access Cost Study?
On April 9, 2001, Qwest Corporation filed revisions to its Exchange and Network Services Tariff for approval. The revisions are intended to enhance the offerings of Digital Switched Service and offer Qwest customers more options.
TODAY, shall the Commission approve the proposed tariff revisions?
Warehouse
On June 30, 2000, the Public Utilities Commission received a Grain Dealer Application from Wheetco, Inc. (Applicant), Groton, South Dakota. The Applicant requested a grain dealer's license. The Applicant is a corporation. In a letter dated June 13, 2000, the Applicant requested a hearing. A hearing was held at 10:00 a.m. on Friday, July 7, 2000, in Room 412 of the State Capitol. Among other things, in its order issued on July 21, 2000, Wheetco had until August 22, 2000, to secure additional financing. On August 17, 2000, the Applicant filed a Request for an Extension of Time. On April 27, 2001, the Commission received a Stipulation of Wheetco and Staff.
TODAY, shall the Commission approve the Stipulation?
Announcements
1. On May 3, 2001, a hearing in Docket GD01-001 (McCook Feed) will be held in Canistota beginning at 10:00am.
2. A Commission meeting (1:30pm) and hearings (8:30am) are being scheduled for June 19, 2001, in Room 412 of the State Capitol.
3. The next regularly scheduled Commission meeting will be held May 22, 2001, at 1:30pm, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
May 1, 2001
