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South Dakota Public Utilities Commission Meeting
Thursday, August 16, 2001; 9:30 A.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 August 15, 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 July 24 and 27, 2001. (Staff: Mary Giddings.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Mary Healy.)
TODAY, staff has an update of the recent complaint activity.
2. IN THE MATTER OF DISMISSING COMPLAINTS CC01-001, CT01-027, CT01-028, CT01- 030 AND CT01-033.
CC01-001 IN THE MATTER OF THE COMPLAINT FILED BY SANDALL B. GRODZIN, ABERDEEN, SOUTH DAKOTA, AGAINST NORTHWESTERN PUBLIC SERVICE COMPANY REGARDING DISCONNECTION OF UTILITY SERVICE. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)
Complainant alleges that her gas and electric utility services were disconnected after she made payment arrangements and after a payment was lost and not credited to her account. She also alleges that she received no warning of the disconnect to allow her time to get a medical extension. Complainant requests that the reconnect fee of $69.00 be refunded to her account since a payment was lost, payment arrangements were lost and she was not given a chance to get a medical extension.
The Complainant's representative states that when he agreed to service, he told the McLeod representative that he would not agree to a five year contract and that he would only agree to one year or less. He states that he did not sign the addendum indicating five years and believes that the McLeod representative may have committed him to five years of service without his knowledge. Complainant's representative believes that the McLeod representative used deceptive business practice to obtain his business. He states that the McLeod representative did not present the contract correctly to him. He requests that the Commission inform McLeod that the contract is unenforceable and that the Complainant not be responsible for any charges or penalties for ending service
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The Complainant states that he was billed for unauthorized service by MCI WorldCom. He states that when he contacted MCI about the billing, he was told by the MCI representative that the charges would be waived if he sent a letter indicating that the charges were unauthorized and that he requests the account be closed. He sent a letter requesting the cancellation of the account on April 16, 2001. As of today, the charges have not been removed. Complainant requests $1,000.00 for the unauthorized billing, that all charges be credited and $250.00 for his loss of time to try and resolve this billing.
Complainant alleges the delayed installation of phone lines is due to poor customer service, ineffective procedures and failure to communicate with her. Complainant alleges that the many delays in installation and the loss of phone services resulted in costs to the business. The Complainant requests reimbursement for the costs associated with the delay and in improved customer service to include getting service in a more timely fashion and providing the customer with a written guideline of when service can be expected.
Complainant states that his Credit Card was charged by Direct One Com.Long Distance for unauthorized billing. Complainant believes that his credit card was fraudulently accessed by Direct One Com.Long Distance after he purchased a video that was offered on television. Complainant requests that he be compensated for his time in resolving this matter and that he be awarded $1,000.00 as stated by South Dakota law. He also would like the Commission to assess a penalty on Direct One Com.Long Distance for its actions and because Direct One Com.Long Distance does not have a Certificate of Authority from the SD Public Utilities Commission.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
On March 19, 1999, the South Dakota Public Utilities Commission (Commission) received a complaint filed by Randy Kieffer, Sturgis, South Dakota, against U S WEST Communications, Inc. Complainant alleged that his service continues to be deficient, that he suffered several outages during the month of March, and that his phone service is not dependable for emergencies and family purposes. A hearing was held in this matter on June 2, 1999, in Sturgis, SD. The matter was deferred at the September 21, 1999, regular meeting. The matter was updated at the January 18, 2000, regular meeting.
TODAY, the Commission requests an update from the parties concerning the complainant's current service.
Electric
West River Electric Association, Inc. (WREA) is proposing to construct a 115 kilovolt transmission line north of Rapid City, South Dakota. WREA has determined that it needs to obtain a 115 kilovolt power connection from Western Area Power Administration and run it into a switchyard where WREA would then take the 115 kilovolt line out of the switchyard and run it approximately 2 miles to a distribution substation. WREA is seeking a determination from the Commission as to whether or not the proposed project falls within the SDCL 49-41B-2.1 definition of a transmission line and associated facility, thereby requiring a South Dakota Public Utilities Commission permit.
TODAY, what is the Commission's decision regarding jurisdiction?
Natural Gas
1. NG01-008 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF PETITION FOR EXTENSION OF TEST PERIOD. (Staff Analyst: Dave Jacobson. Staff Attorney: Kelly Frazier.)
Application by MidAmerican Energy to utilize a test period for determining rates which ends more than six months prior to the date the rate case is expected to be filed. South Dakota Administrative Rule 20:10:13:44 requires the use of a test period consisting of 12 months of actual experience ending no earlier than six months before the date of filing for a rate change unless good cause for extension is shown. MidAmerican states the extension will allow them to reflect actual costs incurred during the 2001 construction season.
TODAY, shall the Commission extend the test period?
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. At the March 6, 2001, regular meeting, Citizens asked that action not be taken.
TODAY, staff has an update. AND, how shall the Commission proceed?
On October 4, 2000, A Resale Interconnection Agreement between Qwest Corporation (Qwest) and Continental F.S. Communications (Continental) 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 Continental for the provision of local exchange service. Parties had until October 24, 2000, to file comments.
TODAY, shall the Commission approve the resale 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 April 17, 2001, SDITC was granted intervention.
TODAY, shall the Commission grant Continental First Star Communications Company a Certificate of Authority?
New Access Communications LLC (New Access) is seeking a Certificate of Authority to provide local exchange and interexchange telecommunications services throughout South Dakota. New Access intends to offer a full range of "1+" and local exchange services on a resold basis.
TODAY, shall the Commission grant New Access Communications LLC a Certificate of Authority?
Total Call International, Inc (Total Call) is seeking a Certificate of Authority to provide interexchange telecommunications services throughout South Dakota. Total Call 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.
TODAY, shall the Commission grant Total Call International, Inc. a Certificate of Authority?
6. TC01-059 IN THE MATTER OF THE FILING BY QWEST CORPORATION FOR APPROVAL OF REVISIONS TO ITS EXCHANGE AND NETWORK SERVICES CATALOG. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)
On June 11, 2001, Qwest Corporation filed revisions to its Exchange and Network Services Catalog for approval. The purpose of the revisions is to introduce N11 service. The specific N11 services being deployed are 211 - public, health, and community services; 311 - non-emergency police, fire, and municipal business; 511 - road and traffic conditions; and 711 - telecommunications relay service for the speech and hearing impaired. Qwest is requesting that these services be accorded a fully competitive status. Qwest is also asking for an effective date as early as possible after June 29, 2001. On July 10, 2001, the South Dakota Department of Human Services and Sprint Communications, LP, were granted intervention. The Commission suspended the tariff sheets a July 24, 2001, regular meeting. On August 8, 2001, Help!Line Center, Inc. filed a late filed Petition to Intervene. The hearing in this matter is scheduled for September 7, 2001, in Pierre.
TODAY, shall the Commission grant intervention to Help!Line Center, Inc.?
On June 22, 2001 an Agreement for Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, and Resale of Telecommunication Services between Qwest Corporation (Qwest) and New Access Communications, LLC (New Access) 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 New Access for the provision of local exchange services. Parties had until July 12, 2001, to file comments.
TODAY, shall the Commission approve the proposed Amendment to the Agreement?
West River Telecommunications Cooperative, Hazen, North Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. In accordance with ARSD 20:10:27:10, West River Telecommunications Cooperative requests that the Commission allow the use of GVNW's cost study model as opposed to the Commission model for determining West River Telecommunications Cooperative's revenue requirement. No parties have filed to intervene.
TODAY, shall the Commission grant the waiver from using the Commission's cost study model?
9. TC01-085 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR MOBRIDGE TELECOMMUNICATIONS COMPANY. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
Mobridge Telecommunications, Hazen, North Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. In accordance with ARSD 20:10:27:10, Mobridge Telecommunications requests that the Commission allow the use of GVNW's cost study model as opposed to the Commission model for determining Mobridge Telecommunications' revenue requirement. No parties have filed to intervene.
TODAY, shall the Commission grant the waiver from using the Commission's cost study model?
World Communications Satellite Systems, Inc. (WCSS) is seeking a Certificate of Authority to provide interexchange telecommunications services throughout South Dakota. WCSS intends to offer resold long distance service, primarily 1+ equal access calling, calling cards and toll free access calling.
TODAY, shall the Commission grant a Certificate of Authority to World Communications Satellite Systems, Inc.?
On July 19, 2001, the Commission received a Filing for approval of an Agreement for Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunication Services between Qwest Corporation (Qwest) and Ciera Network Systems, Inc. (Ciera). 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 Ciera for the provision of local exchange services. Parties had until August 8, 2001, to file comments.
TODAY, shall the Commission approve the interconnection agreement?
Announcements
1. A hearing for Dockets TC00-089 (OLS) is scheduled for August 29, 2001, beginning at 9:00am in Room 412 of the State Capitol.
2. A hearing is scheduled for Docket TC01-059 (N11) on September 7, 2001, beginning at 8:30am in Room 412.
3. A Commission meeting and hearings are being scheduled for September 18, 2001.
4. The next regularly scheduled Commission meeting will be held September 5, 2001, at 1:30pm, in Room 412 of the State Capitol Building.
Sue Cichos, Deputy Executive Director
sue.cichos@state.sd.us
August 9, 2001
