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South Dakota Public Utilities Commission Meeting
Wednesday, December 12, 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 December 11, 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 November 27 and 29, 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 2,793 consumer contacts during 2001. 135 of the
complaints were received since the November 27, 2001, meeting. So far the Commission has resolved 2637 informal consumer complaints.
TELECOMMUNICATIONS: 107 of the contacts involved telecommunications. 24 contacts concerned billing issues; 6 concerned the unauthorized switch in telecommunication services; 9 concerned delayed service or delayed disconnect; 10 contacts involved telemarketers; 2 contacts involved disconnects; 2 concerned unauthorized billing; 7 contacts involved increased rates; 4 contacts involved poor service; 6 involved fees, and some of the remaining contacts involved life line, long distance providers, cellular service, deposit refunds, and territory boundaries.
ELECTRICITY: 9 of the contacts involved electricity issues. 5 of the contacts concerned disconnect; 2 concerned billing issues; 1 concerned deposits, and 1 concerned energy assistance.
NATURAL GAS: 16 of the contacts involved natural gas. 10 of the contacts concerned disconnect; 2 contacts involved billing; 1 concerned the requested rate increase; 2 concerned energy assistance, and 1 involved landlord/tenant issue.
Complainant states that she is receiving unauthorized billings by Talk America, Inc. Complainant further states that the company told her that they would remove the monthly charge and refund her money, but on the next bill she was charged again and not given a refund. Complainant states she wants the account closed and a complete refund of all charges.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
Electric
On October 11, 2001, Otter Tail Power Company requested approval of a municipal contract with the City of Britton effective November 24, 2001, and Otter Tail Power Company's Sheet Number 1 of the Summary List of Contracts with Deviations. The municipal contract with the City of Britton was updated because the existing contract expired on November 24, 2001. The new contract includes two fixtures, HPS23 and HPS44, which are owned by the City of Britton. The rates have been updated to include the approved energy-only rate from the Otter Tail Power Company's Outdoor Lighting - Energy Only tariff, Rate Designation, M-41S. The rates also include an additional charge for maintenance requested by the City of Britton.
TODAY, shall the Commission approve the proposed Contract with Deviations?
On October 11, 2001, Basin Electric Power Cooperative submitted an application for a permit to construct transmission facilities as defined at SDCL 49-41B. These facilities consist of an asynchronous tie that would connect the eastern and western transmission grids near Rapid City, South Dakota. The rating of the tie would be in the range of 100 to 300 million volt-amperes, depending on the capabilities of the associated transmission system. The project is known as the Rapid City Tie Project and includes: approximately 23 miles of 230 kilovolt transmission line; a line terminal at the western edge of the project referred to as the South Rapid City Substation; an asynchronous tie converter station 4 miles southeast of the South Rapid City Substation; and a line terminal bay at the existing New Underwood Substation, at the eastern edge of the project. The project is located completely in Pennington County, South Dakota. On November 8, 2001, Black Hills Power, Inc. was granted intervention. A hearing in this matter was held November 28, 2001, in Rapid City. On December 3, 2001, David S. Lamb and Andrea Andersen filed applications for party status. The deadline to intervene is December 10, 2001.
TODAY, shall the Commission grant party status to David S. Lamb and Andrea Andersen?
On November 2, 2001, the Commission received a filing from Otter Tail Power Company in accordance with South Dakota Codified Law 49-34A. The Agreement is entered into pursuant to Otter Tail's Bulk Interruptible Service Tariff, as on file with the Commission.
TODAY, shall the Commission approve the proposed filing?
Application by Otter Tail Power Company requesting approval of revisions to its customer information sign and customer information brochure. The proposed revisions include a new customer information telephone number and web site address, relocation of certain information, changes to the section explaining to customers how to read their bill, and certain grammatical changes.
TODAY, shall the Commission approve the proposed customer information brochure?
Application by Xcel Energy for approval of revised customer information brochure including updating the bill format, deleting references to Northern States Power, updating phone numbers to toll free numbers and deleting references to the ASK NSP program which has been discontinued.
TODAY, shall the Commission approve the proposed customer brochure?
On November 28, 2001, Lake Region Electric Association, Inc. (LREA) filed a petition for approval of an electric service territory agreement with Otter Tail Power Company (OTP). In the agreement OTP authorized LREA to provide service to a new customer located in OTP's service territory.
TODAY, shall the Commission approve the proposed Service Territory Agreement?
7. EL01-031 IN THE MATTER OF THE FILING FOR APPROVAL OF AN ELECTRIC SERVICE TERRITORY AGREEMENT BETWEEN WEST RIVER ELECTRIC ASSOCIATION, INC. AND BLACK HILLS POWER. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)
On November 28, 2001, West River Electric Association (WREA) filed a petition for approval of an electric service territory agreement with Black Hills Power (BHP). In the agreement WREA authorized BHP to provide service to a "frozen" WREA customer, BH Greyhound Racing, located in BHP's service territory.
TODAY, shall the Commission approve the proposed Service Territory Agreement?
Natural Gas
Application by MidAmerican Energy Company (MidAmerican) for approval of a general increase in rates. MidAmerican proposes to increase rates for natural gas service in South Dakota by approximately $3,697,000 or approximately 5.6% effective October 27, 2001. MidAmerican acknowledges that this effective date may be suspended pending review. On October 10, 2001, the Commission suspended the imposition of the tariff for 90 days. On November 29, 2001, the State of South Dakota filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to the State of South Dakota? ALSO, shall the Commission set a procedural schedule?
Telecommunications
Sanborn Telephone Cooperative and SANCOM, Inc., Woonsocket, 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?
Midstate Communications, Inc., Kimball, 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?
On July 17, 2001, OneStar Long Distance, Inc. and CRG International, d/b/a Network One, filed an application to transfer their Certificates of Authority to operate as telecommunications companies in South Dakota to OneStar Communications, LLC. OneStar Communications, LLC also requests a waiver of certain Administrative Rules which require authorization by customers for a change in telecommunications providers.
TODAY, shall the Commission approve the proposed transfer?
On August 23, 2001, Qwest Corporation filed revisions to its Exchange and Network Services Tariff for approval. The purpose of the revisions is to 1) introduce a 1-year Rate Stability Plan (RSP) option for Advanced Digital Switched Services (DSS) arrangements, 2) reduce the non-recurring charge when a DSS facility is provisioned on a DS3, and 3) introduce a Rollover and Signaling Design Change Charge for DSS and UAS. Qwest is also asking for a proposed effective date of September 23, 2001. On December 3, 2001, the company asked to withdraw the filing.
TODAY, shall the Commission grant the withdrawal and close the docket?
On September 13, 2001, the Commission received for approval a filing of Resale Interconnection Agreement between CI2 and Qwest Corporation f/k/a US West Communications, Inc. (Qwest). 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 CI2, all for the sole purpose of providing telecommunications services. Parties had until October 3, 2001, to file comments.
TODAY, shall the Commission approve the proposed agreement?
TDI Communications, Inc. (TDI) is seeking a Certificate of Authority to provide interexchange telecommunications services throughout South Dakota. TDI proposes to acquire and resell various voice and data communications services offered by IXCs, and to package and provide these services for the specialized functions and needs of its customers.
TODAY, shall the Commission grant a Certificate of Authority to TDI Communications, Inc.?
United Systems Access Telecom, Inc. is seeking a Certificate of Authority to provide resold interexchange telecommunication services in South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to United Systems Access Telecom, Inc.?
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 were granted intervention on November 27, 2001.
TODAY, how shall the Commission proceed?
On November 7, 2001, a filing for approval of a reciprocal transport and termination agreement between Swiftel Communications (Swiftel) and McLeodUSA Telecom Development, Inc.(McLeod) and Dakota Community Telephone, Inc. (Dakota Telephone) was received by the Commission. According to the parties the Agreement is a negotiated agreement whereby the parties extend arrangements to one another allowing for the transport and termination of wireline to wireless and wireless to wireline traffic over each other's network and between each other's subscribers. McLeod and Dakota Telephone agree to offer these services to Swiftel as a CMRS. The parties also wish to establish an arrangement that compensates McLeod and Dakota Telephone for transiting traffic that originates on Swiftel's network and terminates on a third carrier's network. Parties had until November 27, 2001, to file comments.
TODAY, shall the Commission approve the proposed agreement?
On December 5 staff attorney Kelly Frazier petitioned the Commission to issue an order to show cause as to why BuyersOnLine should not be found in violation of state law for selling telecommunication services without a certificate of authority and failure to pay gross receipt taxes.
TODAY, shall the Commission issue an order to Show Cause as to why BuyersOnLine should not be found to be violation of state law?
Announcements
1. An OSS Open Meeting will be held December 6, 2001, at 8:00am in Room 412 of the State Capitol.
2. 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.
3. The Chiesman Foundation Electric Energy Workshop is scheduled for December 19, 2001, in Pierre.
4. A hearing in GD01-003 (Wheetco) will be held on January 16, 2002, at 1:00pm in Aberdeen.
5. A Commission Meeting and Hearings are being planned for January 24, February 5, and February 26, 2002.
6. The next regularly scheduled Commission meeting will be held January 3, 2002, at 1:30pm, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
December 5, 2001
