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South Dakota Public Utilities Commission Meeting
Thursday, September 5, 2002; 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 September 4, 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 AUGUST 15, 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 1354 consumer contacts during 2002. 126 of the complaints were received since the August 15, 2002, meeting. So far the Commission has resolved 1284 informal consumer complaints.
TELECOMMUNICATIONS: 105 of the contacts involved telecommunications. 27 contacts concerned billing issues; 48 involved cellular service; 6 concerned the unauthorized switch in telecommunication services; 2 concerned delayed service or delayed disconnect; 3 contacts involved telemarketers; 3 contacts involved disconnects; 3 concerned poor service; and some of the remaining contacts involved fees, rate increase and repair service.
ELECTRICITY: 11 of the contacts involved electricity issues. 5 of the contacts concerned disconnect; 1 concerned an outage; 2 involved delayed service; 2 involved billing and 1 concerned property damage.
NATURAL GAS: 3 of the contacts involved natural gas. 2 concerned billing and 1 involved a disconnect.
2. IN THE MATTER OF DISMISSING DOCKETS CN02-001, CT02-016, CT02-023, CT02-028 AND CT02-031.
Complainant's representative states that NorthWestern Energy bills Tyler TV & Appliance, Inc. (Tyler) for service without any explanation. Complainant's representative also feels that the amount of time to pay Tyler's bill after receiving a statement is not adequate thus leaving Complainant with late fees. Complainant's representative requests that Tyler's billing date be changed and that Tyler be given 30 days for Tyler's payment to post, and that an explanation of charges be put on Tyler's monthly bill.
Complainant states that she is being billed for collect calls that she did not make or accept. Complainant believes that the company is a scam and is billing her for bogus charges. She requests that the charges be removed.
Complainant's representative requested dual service in January 2002, while he was in the process of moving his business. When he requested that the dual service be stopped, Qwest disconnected his home telephone service. In May 2002, Complainant's representative received a bill from Qwest for $461.21. When Qwest was contacted about the billing, he was instructed to not pay the bill as he was still being billed for dual service. On June 17, 2002, Complainant's business phone service was disconnected. When Qwest was contacted about the disconnect, he was advised that Qwest was attempting to disconnect the dual service and that service would be restored. On this same day he received a disconnect notice from Qwest indicating that he needed to pay $515.99 or his service would be disconnected on June 20, 2002. When a customer attempted to contact Complainant's representative, the customer was not able to find the Complainant's business phone listing in the Qwest phone book. Complainant has had its business listed in the phone book since 1962. Complainant's representative states that because his number and new address are not listed in the phone book, he has lost business. Complainant's representative has had to spend money for advertising to try and notify consumers of his new location and telephone number. Complainant's representative does not know what remedy will make him whole, but he does request a substantial sum from Qwest to reimburse him for the unnecessary advertising.
Complainant states that her service was switched to UKI without proper authorization. Complainant received a copy of the voice recorded authorization from UKI and she was surprised to hear her voice on the recording. She is 100% sure that she did not switch her service to UKI. The Complainant feels the sound quality when the sales person was speaking is of a different sound quality than when she is speaking. She feels that the tape has been spliced together or dubbed onto the portions where she was speaking. When asked to provide Complainant's mother's maiden name, Complainant states that she did not give her mother's maiden name and said "hello." Complainant requests that the company pay her $1,500.00 for the switch in service or if the matter is not resolved, she would like to have a hearing before the PUC Commissioners and be reimbursed for expenses to come to the hearing.
Complainant's representative states that Brown & Saenger was back-billed by Qwest $8,071.87 for charges dating back to November 1999, for Brown & Saenger's T-1 service. If charges would have been billed monthly, Complainant's representative states that Brown & Saenger would have canceled its service for the T-1. Qwest is also billing Complainant $125.00 per month as a late payment charge. Complainant's representative requests that the charges be removed from Brown & Saenger's billing because the Complainant would have canceled the billing after one month of service once it became aware of the expense.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
Electric
West River Electric Association, Inc. (WREA) has filed a petition with the South Dakota Public Utilities Commission for a declaratory ruling in regard to the following issues: a. Whether Black Hills Power, Inc. is rendering or has extended service within WREA's territory in violation of SDCL 49-34A-42. b. Whether WREA has the right to provide future electrical service to the Rapid City Waste Treatment Facility located within WREA's assigned service area. A hearing in this matter is being planned for April 18, 2002. On March 28, 2002, Black Hills Power, Inc. was granted intervention. A hearing in this matter was held on May 22, 2002.
TODAY, what is the Commission's decision?
Otter Tail Power Company has filed for approval a Municipal Contract with the City of Bushnell and a Summary List of Contracts with Deviations. The Municipal Contract for the City of Bushnell was updated because the old Contract will expire on October 1, 2002. The new Contract does not include any new rates that would be considered a deviation.
TODAY, shall the Commission approve the proposed contract with deviations?
Application of MidAmerican Energy to revise its standard bill form by updating the department for customer correspondence from "Quality and Compliance" to "Customer Service Quality."
TODAY, shall the Commission approve the proposed tariff revisions?
On August 19, 2002, Clay-Union Electric Corporation filed a request for approval for the transfer of an electric service customer. Clay-Union Electric has agreed to release Rollie and Sue French's electric service to the City of Vermillion. All parties are in agreement to the electric service exchange
.
TODAY, shall the Commission approve the proposed service change?
Natural Gas
Application by NorthWestern Energy, formerly NorthWestern Public Service, for approval of a contract with deviations to serve the central heating plant of South Dakota State University (SDSU). The application states the contract is necessary in order to avoid bypass of NorthWestern Energy by SDSU constructing its own pipeline. The contract would offer transportation service and result in retention of revenues for NorthWestern Energy at a reduced amount.
TODAY, shall the Commission approve the proposed contract with deviations?
2. NG02-005 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF TARIFF REVISIONS. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)
Application of MidAmerican Energy to revise its standard bill form by updating the department for customer correspondence from "Quality and Compliance" to "Customer Service Quality."
TODAY, shall the Commission approve the proposed tariff revisions?
Pipeline Safety
On June 6, 2002, the Commission received for approval a filing from Montana-Dakota Utilities Company (MDU), requesting a waiver of 49 CFR Part 192, Paragraph 192.59(a)(1) (ASTM D2513) Plastic Pipeline Materials. According to MDU, a shipping error was made in July 2000, by Chevron Phillips Chemical Company (Chevron) resulting in UPONOR receiving non-standard polyethylene raw materials (TR-130 resin) which was subsequently converted into pipe. MDU received several thousand feet of this pipe that had not been properly qualified to ensure compliance with ASTM D2513 as required by the referenced code, for use in its natural gas system. MDU did install that pipe near Rapid City, SD. Since its installation, Chevron performed extensive testing and demonstrated the pipe does in fact meet the minimum requirements of ASTM D2513. MDU proposes to allow the pipe to remain in service and is requesting a waiver from the Commission and the Federal Department of Transportation Regulations to allow the pipe to remain in service. Any party wishing to comment on the filing may do so by filing written comments with the Commission and the parties to the agreement no later than June 26, 2002. Parties may file written responses to the comments no later than twenty days after the service of the initial comments.
TODAY, shall the Commission approve the proposed waiver?
Telecommunications
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. A hearing was held in this matter from April 22-30, 2002.
TODAY, shall the Commission find Qwest is in compliance with certain checklist items?
Gold Line Telemanagement Inc. has filed an application for a Certificate of Authority to provide resold interexchange services in South Dakota. The applicant proposes to resell 1+ and 101XXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services, travel card service, and prepaid calling card service. On August 15, 2002, the Commission granted staff's recommendation to deny the application. The company has requested to withdraw the application.
TODAY, shall the Commission reconsider its decision? IF SO, what is the Commission's decision?
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 23, 2002, S&S Communications was granted intervention.
TODAY, shall the Commission approve the proposed switched access rates?
On June 27, 2002, the Commission received for approval a Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation (Qwest) and New Edge Network, Inc. d/b/a New Edge Networks. According to the parties, the Amendment is made in order to add to the Agreement the terms, conditions and rates for Private Line to Unbundled Loop Conversions, as set forth in Exhibit A to the Amendment. Any party wishing to comment on the agreement had until July 17, 2002, to do so.
TODAY, shall the Commission approve the proposed agreement?
On July 1, 2002, the Commission received for approval a Filing of Wireline Adoption Interconnection Agreement and ISP Amendment to Agreement between VP Telecom (Telecom) and Qwest Corporation (Qwest). According to the parties, Telecom chooses to adopt, in its entirety, the terms and conditions of the Interconnection Agreement and any associated amendments, if applicable, between Sprint Communications Company and Qwest f/k/a US West Communications, Inc. which was approved by the Commission on November 13, 2001, in TC01-151. The filing also includes an ISP Bound Traffic Amendment to the Interconnection Agreement between Telecom and Qwest to change the definitions of "Bill and Keep," "Information Service" and "Information Service Access." Any party wishing to comment on the agreement had until July 22, 2002 to do so.
TODAY, shall the Commission approve the proposed agreement?
On July 15, 2002, the Commission received for approval, a filing of an Interconnection Agreement between Qwest Corporation (Qwest) and Excel Telecommunications, Inc. (Excel). According to the parties, the Agreement is a negotiated agreement and contains terms and conditions for interconnection, unbundled network elements, ancillary services, and resale of telecommunications services provided by Qwest to Excel. Any party wishing to comment had until August 4, 2002, to do so.
TODAY, shall the Commission approve the proposed agreement?
7. TC02-094 IN THE MATTER OF THE FILING FOR APPROVAL OF AN AMENDMENT TO AN INTERCONNECTION AGREEMENT BETWEEN 1-800 RECONEX, INC. AND QWEST CORPORATION. (Staff Attorney: Kelly Frazier.)
On July 19, 2002, the Commission received for approval a filing of an Amendment for Unbundled Network Elements Combinations to the Interconnection Agreement between 1-800 RECONEX, Inc. and Qwest Corporation. According to the parties, the Amendment is a negotiated amendment and is made in order to add to the Interconnection Agreement, the terms, conditions, and rates for unbundled network element combinations. Any party wishing to comment on the agreement had until August 8, 2002, to do so.
TODAY, shall the Commission approve the proposed agreement?
3U TELECOM INC. has filed an application with the Commission for a Certificate of Authority to provide interexchange service in South Dakota. The applicant intends to provide resold interexchange service, including 1+ dialing, to business and residential customers throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to 3U Telecom, Inc.?
On August 5, 2002, the South Dakota Department of Transportation filed a Petition for Declaratory Ruling. The question to be answered is: Is 511 a noncompetitive service as defined by SDCL 49-31-1.1, so as to give rise to Commission price regulation in accordance with SDCL 49-31-4 and 49-31-1.4? The Petitioner has applied for and been approved by the Federal Highway Administration for its 511 Traveler Information Telephone Number Program Support Assistance Program to deploy a statewide 511 number providing travel information services. Qwest was granted intervention at the August 15, 2002, regular meeting. On August 28, 2002, the Department of Transportation withdrew the application.
TODAY, shall the Commission grant the withdrawal and close the docket?
Announcements
1. A hearing in CT02-025 (Holloway) is scheduled for September 5, 2002, in Room 412 of the State Capitol, at 8:30am.
2. A hearing in CE02-001 (Allyn) is scheduled for September 5, 2002, at 10:00am, in Room 412 of the State Capitol.
3. A hearing will be held on October 15, 2002, in CN02-001(Bullion), at 1:30pm, in the Dell Rapids City Hall.
4. The next regularly scheduled Commission meeting will be held September 24, 2002, at 1:30pm, in Room 412 of the State Capitol Building.
Sue Cichos, Deputy Executive Director
sue.cichos@state.sd.us
August 29, 2002
