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South Dakota Public Utilities Commission Meeting
Tuesday, November 27, 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 November 26, 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 November 8, 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 2,721 consumer contacts during 2001. 164 of the contacts were received since the November 8, 2001, meeting. So far the Commission has resolved 2571 informal consumer complaints.
TELECOMMUNICATIONS: 124 of the contacts involved telecommunications. 31 contacts concerned billing issues; 6 concerned the unauthorized switch in telecommunication services; 6 concerned delayed service or delayed disconnect; 12 contacts involved telemarketers; 5 contacts involved disconnects; 3 concerned unauthorized billing; 8 contacts involved increased rates; 12 contacts involved poor service; 4 involved fees, and some of the remaining contacts involved life line, long distance providers, cellular service, territory boundary and wire maintenance protection.
ELECTRICITY: 21 of the contacts involved electricity issues. 10 of the contacts concerned disconnect; 2 concerned billing issues; 2 concerned deposits; 1 concerned a power outage, 1 contact involved energy assistance and some remaining issues involved municipal disconnects, fuel adjustment clause and one call board.
NATURAL GAS: 16 of the contacts involved natural gas. 7 of the contacts concerned disconnect; 1 concerned poor service; 1 contact involved billing; 1 concerned fees; 3 concerned the requested rate increase; 1 concerned energy assistance; 1 contact involved deposits and 1 involved landlord/tenant issue.
2. IN THE MATTER OF DISMISSING COMPLAINT DOCKETS CN01-002, CT01-043 AND CT01- 048.
Complainant alleges that the company refuses to set a reasonable payment plan and threatens to disconnect services. Complainant requests the company to continue services at 1000 N. Minnesota, Sioux Falls, SD, until the issue is resolved; to negotiate a payment plan that she can keep; separate the two bills; and to set a hearing on the matter immediately.
Complainant's representative alleges that Siouxland Telephone Co., has been unable to collect compensation for payphone calls made using its facilities. Complainant requests that the SD Public Utilities Commission order the respondent to pay Dial-around Compensation of $11.681.05, plus interest at the rate of 11.25%.
Complainants state that their long distance service was switched without their authorization. Complainants request that they be awarded $1,000.00 for the unauthorized switch as allowed under South Dakota law. They also request compensation for the switching fees and payment for any and all expenses incurred to attend a hearing on this matter.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
Complainant states that her credit card was charged for unauthorized billing by Direct One Com.Long Distance. She states that she has never heard of the company and does not want their service. Complainant requests that the company not be allowed to do business in South Dakota, that the Commission fine Direct One for the harassment and fraud to the Complainant. A hearing was held on October 10, 2001. On November 8, 2001, Staff filed a Motion to Reopen the Record for the sole purpose of allowing Staff to enter the documentation showing the costs associated with appearing at the hearing.
TODAY, shall the Commission grant the Motion to Reopen the Record to enter exhibits substantiating costs of the Complainant to appear at the hearing?
Complainant states that she received unauthorized billing on three of her telephone lines by Global Crossing. She states that Global Crossing continued to harass her, her family and her employee about Complainant's account with Global Crossing. Complainant states that although she feels that she is entitled to $3,000.00 for the unauthorized billing, she would be willing to settle for $1,500.00 from Global Crossing. If Complainant is required to attend a hearing on the complaint, she requests that the Commission award her travel expenses along with what she is entitled to under South Dakota law. On November 9, 2001, Global Crossing filed a Motion For Joinder of Local Exchange Carrier Sully Buttes Telephone Cooperative.
TODAY, shall the Commission grant the Motion For Joinder?
The Complainant's representative states that for the past three years his client has had numerous billing and service problems with Qwest. He states that payments that have been paid to Qwest have not been fully credited to the Milleniallink account, the accounts have been billed for services that were not authorized and the accounts were wrongfully assessed late fees and interest charges. Complainant's representative also states that because of Qwest's poor service and outages, Milleniallink has lost thousands of dollars in lost customers, business and staff time. He also states that Milleniallink has received little or no credit on their bill for the damages associated with the outages. The representative states that Qwest has also engaged in unfair trade practices when both companies were competitive in the DSL business. He states that Qwest representatives routinely advised Milleniallink customers that DSL was not available through Milleniallink and was available through Qwest. Complainant's representative requests that the Commission require Qwest to provide Milleniallink with a full and complete account of all Milleniallink accounts for the past 36 months; prohibit Qwest from further collection efforts until this matter is resolved; award monetary damages to Milleniallink due to service outages caused by Qwest; award monetary damages to Milleniallink due to unfair trade practices related to DSL marketing; award Milleniallink its costs and disbursements related to these matter including reasonable attorney fees; and any other relief the Commission deems just and equitable. On November 1, 2001, Qwest filed its Answer to Complaint and a Motion to Dismiss.
TODAY, shall the Commission grant the Motion to Dismiss?
Electric
The Commission has received a notification of intent to submit an application for a Permit for an Energy Conversion Facility from Otter Tail Power Company. The Notice of Intent describes the proposed facility, the projected costs, the social and economic impact from the proposed project, a list of the chairpersons in the affected area, and the timeline of the project.
TODAY, shall the Commission designate a local review committee in accordance with SDCL 49-41B-6? AND, what area shall be designated as the affected area pursuant to SDCL 49-41B-6?
Rule Making
1. RM01-001 IN THE MATTER OF REVISIONS TO MOTOR CARRIER RULES. (General Counsel: Rolayne Wiest.)
The Commission has proposed adoption, repeal and amendment of rules in chapters 20:10:02, 20:10:03, and 20:10:04 regarding motor carriers. The effect of the proposed rules will result in Commission's motor carrier administrative rules conforming with State and Federal transportation laws and policies. A hearing was held on September 12, 2001.
TODAY, shall the Commission adopt the proposed rules?
Telecommunications
Kennebec Telephone Company, Kennebec, South 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. No parties have filed to intervene.
TODAY, shall the Commission approve the proposed revenue requirement?
2. TC01-068 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR BERESFORD MUNICIPAL TELEPHONE COMPANY. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)
Beresford Municipal Telephone Company 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. No parties have filed to intervene.
TODAY, shall the Commission approve the proposed revenue requirement?
Cheyenne River Sioux Tribe Telephone Authority, Eagle e, South 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. No parties have filed to intervene.
TODAY, shall the Commission approve the proposed revenue requirement?
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 approve the proposed revenue requirement?
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. The request to use GVNW's model was approved. No parties have filed to intervene.
TODAY, shall the Commission approve the proposed revenue requirement?
TelecomEZ Corp. has filed an application for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. TelecomEZ seeks authority to offer a full range of "1+" interexchange telecommunications services on a resale basis. Specifically, TelecomEZ seeks authority to provide MTS, in-WATS, out-WATS, and Calling Card services.
TODAY, shall the Commission grant a Certificate of Authority to Telecom EZ Corp.?
VarTec Telecom, Inc. has filed an application for a Certificate of Authority to provide facilities-based and resold local exchange telecommunications services in the State of South Dakota in areas wherein Qwest is the incumbent local exchange carrier. Applicant intends to provide facilities-based services utilizing the unbundled network elements platform of the incumbent local exchange carrier and as such, does not intend to construct any new facilities at this time. VarTec's local exchange services may include, but will not be limited to, basic residential and business local exchange services and class features; residential and business ancillary services (911, directory assistance, etc); private line services; and data transmission services.
TODAY, shall the Commission grant a Certificate of Authority for local service to VarTec Telecom Inc.?
On October 10, 2001, the Commission received a filing of an agreement between Quest Corporation (Qwest) and Midstate Telecom, Inc. (Midstate) for approval. According to the parties Midstate chooses to adopt in its entirety, the terms and conditions of the Negotiated Wireline Interconnection Agreement and any associated amendments, if applicable, between Midco Communications, Inc. and Qwest, which was approved by the Commission as an effective agreement in the State of South Dakota. Parties had until October 30, 2001, to file comments.
TODAY, shall the Commission approve the proposed agreement?
On October 17, 2001, a filing for approval of Amendments to an Interconnection Agreement between Qwest Corporation (Qwest) and Black Hills FiberCom, Inc. (FiberCom) was received by the Commission. According to the parties the Agreement is a negotiated agreement between Qwest and FiberCom which was approved by the Commission effective January 6, 1999, in Docket TC98-205. The EEL Amendment is made in order to add the terms and conditions and rates for Enhanced Extended Loop to the Agreement, as set forth in Attachment 1 and Exhibits A, B and C, attached to the Amendment. The ISP Amendment is made in order to add to the Agreement the terms and conditions contained in Attachments 1 and 2, attached to the Amendment. Parties had until November 6, 2001, to file comments.
TODAY, shall the Commission approve the proposed amendments to the agreement?
On October 25, 2001, Qwest Corporation filed with the Commission a Petition For Commission Recommendation That The Federal Communications Commission Grant Qwest Corporation Entry Into The In-Region InterLATA Market Under Section 271 Of The Telecommunications Act Of 1996. Specifically, Qwest Corporation requests that this Commission find, based upon the record presented, that Qwest Corporation has met the competitive checklist and other requirements of 47 U.S.C. Section 271, which prescribe the mechanism by which Qwest Corporation may be found eligible to provide in-region interLATA services and rely upon that finding to provide a favorable recommendation to the Federal Communications Commission. In support of its petition, Qwest Corporation submitted 25 affidavits, a revised Statement of Generally Available Terms, and 7 Reports submitted in the Seven-State Process. Black Hills FiberCom, Midcontinent Communications, and AT&T have filed Petitions to Intervene. The deadline to file intervention was November 16, 2001.
TODAY, shall the Commission grant intervention to Black Hills FiberCom, Midcontinent Communications, AT&T and any others who may file late?
Announcements
1. Commission offices will be closed on November 22-23, 2001, in observance of Thanksgiving.
2. A hearing in EL01-025 (Basin Permit) is scheduled for November 28, 2001, at 6:00pm MST at the City School Administration Building in Rapid City.
3. Commissioner Burg will be attending the EPRI meeting on December 4-5, 2001.
4. The OSS Open Meeting will be held December 6, 2001, at 8:00am in Room 412 of the State Capitol.
5. Hearings for Show Cause regarding the delinquent payments of Gross Receipts Tax are scheduled for December 12, 2001, at 3:00pm, in the State Capitol.
6. The Chiesman Foundation Electric Energy Workshop is scheduled for December 19, 2001, in Pierre.
7. A Commission Meeting and Hearings are being planned for January 3, 2002.
8. The next regularly scheduled Commission meeting will be held December 12, 2001, at 1:30pm, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
November 20, 2001
