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South Dakota Public Utilities Commission Meeting
Thursday, January 24, 2002; 2:30 P.M.
State Capitol Building, Room 468
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 January 23, 2002.
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 January 3, 2002. (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 122 consumer contacts during 2002. 122 of the contacts were received since the January 3, 2002, meeting. So far the Commission has resolved 78 informal consumer complaints.
TELECOMMUNICATIONS: 92 of the contacts involved telecommunications. 21 contacts concerned billing issues; 7 concerned the unauthorized switch of telecommunication services; 4 concerned delayed service or delayed disconnect; 7 contacts involved telemarketers; 3 contacts involved disconnects; 5 concerned unauthorized billing; 7 contacts involved increased rates; 6 contacts involved no long distance service, and some of the remaining contacts involved poor service, long distance providers, cellular service, fees, and 900 #'s.
ELECTRICITY: 19 of the contacts involved electricity issues. 11 of the contacts concerned disconnect; 5 concerned billing issues; 1 concerned rates, and 2 concerned landlord/tenant issues.
NATURAL GAS: 6 of the contacts involved natural gas. 4 of the contacts concerned disconnect; 1 contact involved billing, and 1 concerned rates.
2. IN THE MATTER OF DISSMISSING DOCKETS CT01-049, CT01-051, CT01-052, CT01-059, CT01-062.
Complainant states that she continuously receives calls from MCI asking her to change her long distance service to MCI. Each time Complainant states that she told the caller that she did not want to change providers. To Complainant's knowledge, she did not change her long distance provider to
MCI. Complainant became aware that her long distance had been changed when she attempted to make a long distance call and she had no long distance service on her line. Complainant requests that the Commission review the tape of her conversation with the MCI representative and put sanctions on
MCI. Complainant also requests that all charges be removed and that she be awarded $1,500.00 from MCI for the undue harassment, mental anguish and the many sleepless nights they have caused her.
Complainant states that Touch America changed his long distance service without his authorization. Complainant requests that Touch America switch his long distance service back to his authorized provider at no charge to him, that Touch America pay him $1,000.00 for the unauthorized switch, that all unauthorized charges be removed from his account and that the South Dakota Public Utilities Commission fine Touch America for this type of conduct.
Complainant states that Touch America changed his long distance service without his authorization. Complainant requests that Touch America switch his long distance service back to his authorized provider at no charge to him, that Touch America pay him $1,000.00 for the unauthorized switch, that all unauthorized charges be removed from his account and that the South Dakota Public Utilities Commission fine Touch America for this type of conduct.
Complainant alleges that he was billed on his credit card for unauthorized long distance services. The company has failed to provide him credits for the unauthorized charges. Complainant is requesting a complete refund of unauthorized charges in the amount of $240.26 and $500.00 for the inconvenience and for ignoring his requests to refund the charges for services that were not wanted nor rendered.
Complainant states that he did not authorize Direct One to bill him for any telecommunication services. Complainant has been informed that Direct One accessed his credit card after he purchased items from the Home Shopping Network. He states that a representative never spoke to him about any form of telecommunication services. Complainant requests Direct One pay him what he is allowed under South Dakota law for the unauthorized billing which is $1,000.00.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
Complainant states that Qwest Corporation has failed and refused to pay FiberCom for the accrued minutes of local/EAS traffic incurred by Qwest and billed by FiberCom in accordance with the interconnection agreement signed by the parties and approved by this Commission. FiberCom requests, inter alia, that the Commission order payment of said compensation from Qwest to FiberCom at the rate specified in the agreement. On December 28, 2001, Qwest filed a Motion to Dismiss. On January 17, 2002, the Commission received a Stipulation of Voluntary Dismissal.
TODAY, shall the Commission dismiss the complaint and close the docket?
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. The matter was heard at the November 27, 2001, regular meeting. On December 5, 2001, the Order Designating Affected Area and Local Review Committee was issued. On January 3, 2002, the Commission received a Motion to Reconsider Order of December 5, 2001.
TODAY, shall the Commission reconsider the December 5, 2001, order? AND, IF SO, how shall the Commission proceed?
On December 21, 2001, the Commission received a request for approval of a contract with deviations between Black Hills Power, Inc. (BHP) and Premier Bankcard. According to the parties the Agreement is a negotiated agreement whereby BHP will provide electrical service to Premier Bankcard's new Call Center complex in Spearfish, South Dakota. Under the contract, BHP offers to provide Premier Bankcard an electrical rate reduction of $0.005/kWh for three (3) years of the agreement or up to a $25,000 discount, whichever occurs first. Premier Bankcard meets the eligibility criteria set forth in the Business Development Service (BDS) tariff. The contract also includes provisions that meet or exceed BDS tariff standards. The effective date of the contract is pending approval by the Commission. The filing also includes a request for approval of various tariff sheets in addition to the contract.
TODAY, shall the Commission approve the proposed contract with deviations?
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. At the December 12, 2001, regular meeting, intervention was granted to the State of South Dakota.
TODAY, shall the Commission suspend the rates for another 60 days or until the final order of the Commission, whichever comes first?
Telecommunications
Vivian Telephone Company, Wall, 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?
Golden West Telecommunications Cooperative, Inc., Wall, 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?
Splitrock Properties, Inc., Garretson, 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?
Sully Buttes Telephone Cooperative, Inc., Highmore, 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?
Stockholm-Strandburg Telephone Co. 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.
TODAY, shall the Commission approve the proposed revenue requirement?
The Local Exchange Carrier Association filed tariff sheets implementing the switched access rates necessitated by revisions to its member companies' revenue requirements and switched access minutes of use. No parties have filed to intervene.
TODAY, shall the Commission approve a revised LECA switched access rate?
On October 18, 2001, QX Telecom LLC filed seeking a Certificate of Authority to provide interexchange telecommunication services in South Dakota. The applicant intends to provide facilities-based and resold interexchange telecommunications services to both residential and business class customers throughout the State of South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to QX Telecom LLC?
On October 24, 2001, BAK Communications, LLC filed an application for a Certificate of Authority to provide resold interexchange telecommunications services in South Dakota. The applicant intends to offer 1+ and 101XXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services, travel card services, and pre-paid calling card service throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to BAK Communications, LLC?
Midcontinent Communications filed revisions to its Switched Access Tariff No. 1. The rate changes are to mirror those rates of the Incumbent Local Exchange Carrier, Qwest. On January 4, 2002, Midcontinent filed a letter requesting withdrawal of the filing.
TODAY, shall the Commission grant the withdrawal and close the docket?
Lockheed Martin Global Telecommunications Services, Inc. has filed an application for a Certificate of Authority to provide resold interexchange telecommunications services throughout South Dakota. The applicant intends to provide a full range of 1+ interexchange services and data transmission services, including, but not limited to, MTS, private line, WATS, post-paid calling card, toll free, ISDN, and frame relay service products.
TODAY, shall the Commission grant Lockheed Martin Global Telecommunications Services a Certificate of Authority?
On December 17, 2001, the Commission received for approval a filing of an amendment to the UNE-C portion of the interconnection agreement between Midcontinent Communications (Midcontinent) and Qwest Corporation (Qwest). According to the parties the agreement is a negotiated agreement and is made in order to add the terms, conditions and rates for Unbundled Network Elements Combinations (UNE Combinations) to the Agreement, as set forth in Attachment 1 and Exhibits A, B and C attached to the Amendment. Parties had until January 7, 2002, to file comments.
TODAY, shall the Commission approve the proposed agreement?
12. TC01-195 IN THE MATTER OF THE APPLICATION OF WESTON TELECOMMUNICATIONS, LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)
Weston Telecommunications, LLC is seeking a Certificate of Authority to provide resold interexchange telecommunications services in South Dakota. The applicant plans to offer MTS, in-WATS and out-WATS and calling card services.
TODAY, shall the Commission grant a Certificate of Authority to Weston Telecommunications, LLC?
Natural Gas
1. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT WITH FRED SAFFER & ASSOCIATES FOR SERVICES RELATED TO WILLISTON BASIN INTERSTATE PIPELINE COMPANY PROCEEDINGS BEFORE FERC. (Staff Analyst: Dave Jacobson.)
On December 14, 1999, the Commission entered into a contract with Fred Saffer and Associates for services related to Williston Basin Interstate Pipeline Company proceedings before FERC. On December 27, 2001, the Commission received a request from the consultant to amend the maximum dollar amount of the contract for an additional $14,571.54.
TODAY, shall the Commission amend the contract with Fred Saffer and Associates?
Announcements
1. A hearing in CT01-055 (Sazue/ILD Teleservices, Inc/Webnet Communications) is scheduled for January 24, 2002, at 8:30am in the CCR of the State Capitol.
2. On January 31, 2002, a hearing in CT01-046 (Ceroll/Global Crossing) will be held in the CCR of the State Capitol beginning at 1:30pm.
3. A hearing in CT01-054 (Sarver/Qwest) will be held immediately following the hearing in CT01- 046 on January 31, 2002.
4. Commissioners and Staff will be attending the NARUC meeting in Washington, DC, on February 10-13, 2002.
5. A hearing is scheduled in Docket NG01-010 (MidAmerican Rate Case) for February 20-21, 2002, at the King's Inn in Pierre, SD.
6. A hearing in TC01-165 (Qwest 271 Filing) will be held on April 22-26, 2002, in Room 412 of the State Capitol
7. A Commission Meeting and Hearings are being planned for February 26, 2002.
8. The next regularly scheduled Commission meeting will be held February 5, 2002, at 2:30pm, in Room 468 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
January 17, 2002
