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South Dakota Public Utilities Commission Meeting
Tuesday, June 19, 2001; 1:30 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 June 18, 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 May 22 and June 4, 2001. (Staff: Mary Giddings.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Mary Healy.)
The Commission has received 1656 consumer contacts during 2001. 227 of the complaints were received since the May 22, 2001, meeting.
TELECOMMUNICATIONS: 161 of the contacts involved telecommunications. 33 contacts concerned billing issues; 12 concerned the unauthorized switch in telecommunication services; 13 concerned delayed service or delayed disconnect; 12 contacts involved telemarketers; 5 concerned disconnect or early disconnect; 15 contacts concerned poor service; 4 concerned international calls; 2 contacts involved increased rates; 4 concerned unauthorized billing; and some of the remaining contacts involved cellular service, directory listings, easements, fees, buried cables, lifeline, deposits and pay phones.
ELECTRICITY: 41 of the contacts involved electricity issues. 17 of the contacts concerned disconnects; 11 concerned billing issues; 2 contacts concerned delayed service; and some of the remaining contacts involved rates, heating assistance, fees, poor service, one call service, property damage and meter readings.
NATURAL GAS: 22 of the contacts involved natural gas. 11 of the contacts concerned disconnect; 4 concerned billing issues; 4 contacts concerned high natural gas prices, and the remaining contacts involved poor service, heating assistance and new service connect fees.
2. IN THE MATTER OF DISMISSING CT00-109, CT00-111, CT00-114, CT01-010, CT01-015, CT01-018, CT01-020, CT01-023, and CT01-025.
The Complainant states that Hersrud's of Sturgis entered into a two-year contract in which rates would be frozen but could be renegotiated if lower rates were available. The Complainant claims he tried to renegotiate the contract several times without success. For relief, the Complainant is requesting credit for the difference in lower toll charges and various fees.
The Complainant alleges that the long distance service was switched without authorization. It seeks "civil penalty according to South Dakota Codified laws." 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.
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 claims that he did not give authorization to switch service. AT&T claims that authorization was given by the Complainant's daughter who was ordering service from AT&T for her residence in Hawaii. The Complainant is seeking $1000 plus credit of all charges.
The Complainant alleges that she was not made aware of the distinction between interstate and intrastate providers. The Complainant further states that she was not aware that Qwest was her instate provider and feels that Qwest has taken advantage of her by not making it clear that they offered instate long distance automatically. The Complainant requests that Qwest be responsible for the charges on her phone bill and that Qwest notify all customers that there is a difference in in- state and out-of-state providers.
The Complainant alleges that Sprint billed him for unauthorized international calls. The Complainant requests that the Public Utilities Commission contact, inform and work with any agency necessary to reverse the charges incurred by the international calls. The Complainant further states that a policy needs to be initiated and enforced to prevent consumers from this undue hardship, inconvenience and financial setback.
The Complainant alleges that her long distance service was switched without her authorization. Complainant states that she did agree to pay AT&T at a lower rate for the unauthorized calls, but has not received the agreed upon re-rate.
The Complainant's representative states that her business was billed for a collect call that was not accepted at her business. Complainant's representative states that she was told on three different occasions that the charge would be removed and that her business would receive a credit on its Qwest statement. Complainant has not received the credit and is asking for $1,000.00.
Complainant alleges that his long distance service was switched without his authorization. Complainant requests that he be reimbursed any fees as a result of the unauthorized switch and that he be awarded $1,000.00 as provided by South Dakota law.
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. At the April 17, 2001, regular meeting the Motion to Dismiss was denied. A hearing is scheduled for June 26, 2001, at 1:30 p.m. On June 6, 2001, PowerNet filed a Motion to Continue. On June 7, 2001, Broadwing filed a Motion to Continue.
TODAY, shall the Commission grant the Motions to Continue?
The Complainants allege that their long distance service was "slammed." Complainants state that their long distance service was switched at least three times in the past year without their authorization. Complainants further state that they put a freeze on their phone line to prevent unauthorized changes heir service was switched again without authorization which resulted in unauthorized billings. Complainants request the maximum amount allowed under South Dakota law and that they be awarded an additional $200.00 for the time they have spent trying to work with all of the companies to fix a problem that the Complainants did not create. On June 5, 2001, the Complainant filed a request to add America's Telenetwork (ATN) as a party.
TODAY, shall the Commission grant the Complainant's request to add ATN as a party?
Complainants allege unauthorized switching of long distance services several times by U.S. Republic Communications, Inc.; unauthorized charges and failure to cancel account. Complainants request full reimbursement of charges and one thousand dollars for their trouble and other fines and penalties as allowed by SD law. On June 7, 2001, U.S. Republic Communications, Inc. filed a Motion for Dismissal.
TODAY, shall the Commission grant U.S. Republic's Motion for Dismissal?
Complainant alleges that she never ordered or approved long distance service with WebNet (ILD). Complainant believes these companies should pay for their dishonest business practices and she is asking for $1000 restitution as provided by SD law. On June 4, 2001, WebNet Communications, Inc. filed a Motion to Dismiss.
TODAY, shall the Commission grant WebNet's Motion to Dismiss?
Electric
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?
Otter Tail Power Company (OTP) is requesting the Commission renew its Released Energy Tariff. The original tariff was approved by the Commission on July 13, 2000, and expired December 31, 2000. This renewal would allow OTP to purchase energy from its large customers who curtail their load.
TODAY, shall the Commission approve the proposed tariff revision?
On May, 7, 2001, the Commission received an application by Otter Tail Power Company to Revise Outdoor Lighting Tariffs by offering new additional fixtures, offering new seasonal rates and adding language to clarify terms of the tariff.
TODAY, shall the Commission approve the proposed tariff revisions?
Xcel Energy and Southeastern Electric Cooperative, Inc. are jointly requesting a change to the existing electric service territory agreement, pursuant to SDCL 49-34A-55. The area in question is in the "Prairie Trails Addition" within the NW 1/4 of Section 35 of Range 51 West, Township 100N, Tea, South Dakota. The existing boundary intersects many of the proposed lots in the addition. The boundary change requested would allow the service territory to follow the proposed lot lines.
TODAY, shall the Commission grant the proposed joint territory boundary change?
Black Hills Power and Black Hills Electric Cooperative have submitted a joint request for approval for relocation of an electric service territory line located in Sections 28 and 29, Township 1N, Range 7E, Black Hills Meridian, Pennington County, South Dakota. A residential subdivision located primarily in the north half of Section 29 is in the process of development. The existing electric service territory line bisects the proposed subdivision. The companies are proposing the change to the territory boundary to avoid duplication of facilities.
TODAY, shall the Commission approve the proposed service territory exception?
Telecommunications
West End Communications Inc. is seeking a Certificate of Authority to provide interexchange telecommunication services in South Dakota. The applicant is a reseller which intends to offer interexchange services, including 1+ and 101XXXX outbound dialing, Toll-Free inbound dialing, directory assistance, data services, travel card services and prepaid calling card services.
TODAY, shall the Commission grant a Certificate of Authority to West End Communications Inc.?
Quick Tel, Inc. has filed an application for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. Quick Tel is a reseller and intends to offer 1+ and 101XXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services, travel card service, and prepaid calling card service throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to Quick Tel, Inc.?
Ciera Network Systems, Inc. has filed an application for a Certificate of Authority to provide resold 1+, inbound toll free service, travel card and directory assistance services throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to Ciera Network Systems Inc.?
Custom Teleconnect, Inc. (Teleconnect) is seeking a Certificate of Authority to provide interexchange telecommunications services throughout South Dakota. Teleconnect intends to offer both inbound and outbound intraLATA and interLATA intraState interexchange services and operator services to aggregators of pay telephones and hospitality locations.
TODAY, shall the Commission grant a Certificate of Authority to Custom Teleconnect, Inc.?
On May 16, 2001, Qwest Corporation filed revisions to its Exchange and Network Services Tariff for approval. The purpose of the revisions is to introduce changes dealing with Jurisdictional Report Requirements.
TODAY, shall the Commission approve the proposed tariff revisions?
Announcements
1. Hearings are scheduled in dockets CT01-016 and CT01-017 to begin at 8:30am, June 19, 2001, in room 464 of the State Capitol.
2. On June 20, 2001, hearings are scheduled to begin at 8:30am, in room 412 of the State Capitol, for dockets CE01-001, CT01-021, CT01-022, and CT01-024
3. A hearing in docket CT01-008 is scheduled to begin at 1:30pm, on June 26, 2001, in room 412 of the State Capitol.
4. The next regularly scheduled Commission meeting will be held July 10, 2001, at 1:30pm, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
June 12, 2001
