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South Dakota Public Utilities Commission Meeting
Tuesday, July 23, 2002; 1:30 P.M.
State Capitol Building, Room LCR 1
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 July 22, 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 JULY 9, 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 945 consumer contacts during 2002. 71 of the
complaints were received since the July 9, 2002, meeting. So far the Commission has resolved 897 informal consumer complaints.
TELECOMMUNICATIONS: 55 of the contacts involved telecommunications. 12 contacts concerned billing issues; 12 involved cellular service; 6 concerned the unauthorized switch in telecommunication services; 6 concerned delayed service or delayed disconnect; 2 contacts involved telemarketers; 3 contacts involved disconnects; 4 concerned unauthorized billing; and some of the remaining contacts involved rates, automatic payment and no service.
ELECTRICITY: 7 of the contacts involved electricity issues. 6 of the contacts concerned disconnect and 1 concerned an outage.
NATURAL GAS: 4 of the contacts involved natural gas. 1 of the contacts concerned a deposit; 1 contact involved a disconnect, and 2 concerned construction.
2. IN THE MATTER OF DISMISSING DOCKETS CE02-002, CT02-018 AND CT02-022.
Complainant states that after moving into her residence, she requested service to be placed in her name. She was told by NorthWestern that it refuses to provide service to her because the former occupant had an outstanding balance with NorthWestern. Complainant states that she was told by NorthWestern that it had a voice recorded conversation where Complainant stated her roommate Chris was moving out so she needed service in her name. Complainant denies making this statement. Complaint requests that NorthWestern be required to connect her service, pay for any damages which were caused by the lack of service, and also to provide a copy of the voice recorded conversation.
Complainant states that service was switched without authorization. When UKI was contacted about the charges, UKI indicated that the charges would be refunded, which complainant states never happened. UKI also stated that Complainant's account would be closed. Complainant continued to receive monthly statements with UKI charges. Complainant requests that all charges be removed and/or refunded. Complainant also requests that it receive anything that is available to it under South Dakota law.
Complainant states that service was never authorized. Complainant feels that as a provider of service in South Dakota, UKI should be aware of the laws and rules regarding switching a consumer's telephone service.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
Telecommunications
BAK Communications, LLC was issued a Certificate of Authority January 31, 2002, with restrictions from offering prepaid calling cards. BAK Communications, LLC is requesting that the restrictions be removed from its Certificate of Authority. The company has submitted a $25,000 surety bond in lieu of the restrictions.
TODAY, shall the Commission amend the Certificate of Authority of BAK Communications, LLC?
On February 5, 2002, Buyers United, Inc. filed an application for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. The applicant will provide service under Buyers United, Inc. and may provide service under the names of its two divisions "BuyersOnline" and "United Carrier Networks." Buyers United, Inc. intends to resell intrastate long distance and provide in a limited capacity, internet services throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to Buyers United, Inc.?
Ionex Communications North, Inc. has filed a request for an exemption from developing Company-specific cost-based switched access rates contained in ARSD 20:10:27:07. The Company indicates that it does not have the available resources to determine company-specific cost-based intrastate switched access rates. Ionex is also requesting a waiver from the process to determine switched access rates under ARSD 20:10:27:12.
TODAY, shall the Commission approve the proposed tariff and/or the requested exemption?
Wholesale Carrier Services, Inc. has filed an application with the South Dakota Public Utilities Commission for a Certificate of Authority to provide interexchange service in South Dakota. The applicant intends to provide resold interexchange services, including 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 Wholesale Carrier Services, Inc.?
On June 20, 2002, the Local Exchange Carriers Association filed tariff sheets to reflect the consolidation of Sancom, Inc. into Sanborn Telephone Cooperative and Sanborn Telephone Cooperative change of name to Santel Communications Cooperative, Inc. On July 9, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S Communications or any others who may file?
On June 20, 2002, Baltic Telecom Cooperative, Baltic, 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. On July 9, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S Communications and any others who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On June 20, 2002, East Plains Telecom, Inc., Baltic, 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. On July 9, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S Communications and any others who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On June 20, 2002, Sanborn Telephone Cooperative, 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. On July 9, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S Communications and any others who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On June 20, 2002, Valley Telecom Cooperative Association, Herreid, 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. On July 9, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S Communications and any others who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On June 25, 2002, Kadoka Telephone Company, Kadoka, South Dakota, filed revised Switched Access Tariff rates with a proposed effective date of August 1, 2002. In accordance with ARSD 20:10:27:12, the switched access rates are the average of all cost companies (for the year ended December 31, 2000) in South Dakota excluding Qwest Corporation. On July 9, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S Communications and any others who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On June 26, 2002, the City of Brookings Municipal Telephone Department 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. On July 9, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S Communications and any others who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On June 27, 2002, Union Telephone Cooperative, Hartford, 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. On July 15, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S and any other parties who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On June 27, 2002, the Bridgewater-Canistota 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. On July 15, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S and any other parties who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On June 27, 2002, 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. On July 15, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S and any other parties who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On June 27, 2002, Beresford Municipal Telephone Company, Beresford, 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. On July 15, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S and any other parties who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
Black Hills FiberCom, L.L.C. (FiberCom) has filed a Petition for Declaratory Ruling Regarding Application of ARSD ' 20:10:32:11 and Alternative Petition for Approval of an Amendment to Black Hills FiberCom. L.L.C.'s Local Calling Exchange Area Pursuant to ARSD ' 20:10:32:11. In its Petition for Declaratory Ruling, FiberCom requests that the Commission find that FiberCom does not need to obtain Commission approval prior to FiberCom charging its customers for utilizing non-network ISP services through Rapid City telephone numbers attached to PRIs purchased from Qwest. If the Commission determines that FiberCom must obtain approval, then FiberCom requests that the Commission approve the proposed amendment to FiberCom's local calling plan. On July 11, 2002, SDTA filed a Petition to Intervene.
TODAY, shall the Commission grant SDTA's Petition to Intervene? AND, how shall the Commission proceed?
On July 1, 2002, Qwest Corporation filed a switched access cost study "in accordance with ARSD 20:10:27:07....Qwest Corporation is not asking for the Commission to change the switched access rate schedules at this time." The deadline to intervene is July 19, 2002.
TODAY, shall the Commission grant intervention to any parties who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On July 1, 2002, the Fort Randall Telephone Company and Mount Rushmore 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. On July 15, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S and any other parties who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On July 1, 2002, Dakota Community Telephone, Irene, South Dakota, filed a switched access cost study pursuant to the rules established by the Commission. The deadline to intervene is July 19, 2002.
TODAY, shall the Commission grant intervention to any parties who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On July 1, 2002, Roberts County Telephone Cooperative Association and RC Communications, Inc., New Effington, 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. On July 15, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S and any other parties who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On July 1, 2002, Tri-County Telecom, Inc., Emery, 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. On July 15, 2002, S&S Communications filed a Petition to Intervene.
On July 1, 2002, the Local Exchange Carriers Association (LECA) filed revised switched access tariff pages. The purpose of these revisions is to implement changes in rates as necessitated by revisions in member companies' revenue requirements and access minutes of use. On July 15, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S and any other parties who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
On July 1, 2002, South Dakota Network, LLC (SDN) filed a switched access separations study, pursuant to the rules of the Commission. Revised pages to the SDN Tariff were filed to implement the change in revenue requirement. On July 15, 2002, S&S Communications filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to S&S and any other parties who may file? ALSO, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000.00?
Electric
1. XCEL ELECTRIC RELIABILITY STUDY (Commission Analyst: Greg Rislov.)
XCEL commissioned an independent consultant, Power System Engineering (PSE), to do an electric reliability study for XCEL's South Dakota service area. The study was designed to assess the "adequacy, efficiency, and reasonableness of XCEL's South Dakota electric power delivery," and recommend any necessary improvements. The study began on April 19, 2002, and was recently completed.
TODAY, PSE is here to present both an overview and the results of the study.
Announcements
1. Hearings in CT01-031 and CT01-032 are scheduled for July 24, 2002, at 8:30am in Room LCR1 of the State Capitol.
2. A public hearing in TC02-065 (DCT/Prairiewave) is being scheduled for August 12, 2002, in Viborg, South Dakota.
3. A Commission meeting and hearings are being planned for September 5, 2002.
4. The next regularly scheduled Commission meeting will be held August 15, 2002, at 1:30pm, in Room 412 of the State Capitol Building.
_______________________
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
July 16, 2002
