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South Dakota Public Utilities Commission Meeting
Wednesday, November 20, 2002; 10:00 A.M. - 1:30 P.M.
State Capitol Building, Room 464
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 19, 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 MORNING SESSION
Administration
1. APPROVAL OF THE MINUTES OF THE COMMISSION MEETING HELD ON OCTOBER 17, 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 1735 consumer contacts during 2002. 206 of the complaints were received since the October 17, 2002, meeting. So far the Commission has resolved 1619 informal consumer complaints.
TELECOMMUNICATIONS: 153 of the contacts involved telecommunications. 45 contacts concerned billing issues; 15 involved cellular service; 26 concerned the unauthorized switch in telecommunication services; 2 concerned delayed service or delayed disconnect; 7 contacts involved disconnects; 3 concerned poor service; 9 involved rates; 4 concerned contract disputes; 7 involved telemarketers and some of the remaining contacts involved buried cables, number portability, and internet billing.
ELECTRICITY: 26 of the contacts involved electricity issues. 18 of the contacts concerned disconnects; 2 involved rates; 4 involved billing; 1 concerned construction and 1 involved raising a power line.
NATURAL GAS: 14 of the contacts involved natural gas. 6 concerned disconnects; 4 concerned general information about a provider; 2 involved delayed service; 1 concerned billing and 1 involved a consumer's concern about giving a social security number to the provider.
2. IN THE MATTER OF DISMISSING DOCKETS CT01-047; CT02-026; CT02-030;
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 Millennialink 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, Millennialink has lost thousands of dollars in lost customers, business and staff time. He also states that Millennialink 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 Millennialink customers that DSL was not available through Millennialink and was available through Qwest. Complainant's representative requests that the Commission require Qwest to provide Millennialink with a full and complete account of all Millennialink accounts for the past 36 months; prohibit Qwest from further collection efforts until this matter is resolved; award monetary damages to Millennialink due to service outages caused by Qwest; award monetary damages to Millennialink due to unfair trade practices related to DSL marketing; award Millennialink its costs and disbursements related to these matters 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. On November 8, 2002, Millennialink filed a letter requesting dismissal.
Complainant states that it began service with McLeodUSA on June 19, 2001. Complainant has had nothing but trouble with the local McLeodUSA representative since service began. Complainant states that the McLeodUSA representative stated that it would reimburse the Complainant for the termination fees that would be charged for switching service to McLeodUSA. Complainant never received the credit. Complainant received poor customer service from the McLeodUSA employees during the numerous calls regarding the missing credit and problems with its phone service. Complainant switched its service to another provider and McLeodUSA will not release the Complainant's 800 numbers to the new provider. Complainant requests that McLeodUSA release all of their lines to the new provider, give the past due credit, and remove all termination of service fees McLeodUSA is now charging.
Complainant's representative states that after receiving a letter from Qwest offering Lange & Speidel Bookkeeping & Tax Service (Lange & Speidel) a CustomChoice package with the area-wide calling plan, Lange & Speidel agreed to the service. Complainant's representative was told that the service would go into effect on November 24, 2000. Complainant never received the free area-wide calling plan and continued to be billed by Quantum Link for its in-state long distance calls. On December 19, 2000, Complainant received a letter from Qwest confirming its order for the Calling Connection Plan. Complainant did not receive the benefits of the Calling Connection Plan. On September 20, 2001, Complainant's representative spoke to Qwest about the billing problems and was told that it could not have both of the plans offered by Qwest. Complainant's representative attempted to get credit for the over billing, but Qwest was unwilling to refund the charges. Complainant's representative calculated the over charges from Qwest and requests that Qwest reimburse Lange & Speidel for all of Qwest billing errors in the amount of $1,090.47.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
Christopher Cutler states that in March 2002, Complainant entered into an agreement with AT&T to receive Fragmented T1 service. On more than one occasion, the AT&T representative assured the Complainant that AT&T could provide this service. Complainant has now been informed that AT&T cannot provide the Fragmented T1 service. Complainant states that it has invested more than $150,000.00 in its business to utilize the Fragmented T1 service. Complainant requests that AT&T provide the Fragmented T1 service that stated it could provide. If the service cannot be provided, Complainant would be willing to negotiate a settlement with AT&T for the expenses the Complainant has incurred. Complainant feels that AT&T should put forth some form of effort to resolve this complaint. On October 24, 2002, AT&T filed a Motion to Dismiss and in the Alternative for Summary Judgment.
TODAY, shall the Commission grant AT&T's Motion to Dismiss and in the Alternative for Summary Judgment?
Complainant states several issues with respect to CellularOne's credit, deposit, billing, customer service and customer information practices toward Complainant. On October 31, 2002, CellularOne filed a motion for summary judgment pursuant to SDCL 1-26-18 requesting that the Commission find, based upon the pleadings on file and the Affidavit filed in support of the Motion, that there are no genuine issues as to any material fact in the case and that CellularOne is entitled to judgment as a matter of law.
TODAY, shall the Commission grant CellularOne's Motion for Summary Judgment?
5. CT02-033 IN THE MATTER OF THE COMPLAINT FILED BY DENISE HAERTER, SIOUX FALLS, SOUTH DAKOTA, AGAINST MCIWORLDCOM AND QWEST CORPORATION REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Consumer Affairs: Mary Healy, Attorney: Karen Cremer.)
Complainant states that she has three phone lines into her home and two of the lines were switched to MCI without authorization. Complainant wants MCI or Qwest to be fined the $1,000.00 per line as stated in the South Dakota slamming law, a letter of apology from the company, and a removal of all charges.
TODAY, shall the Commission grant MCI's Motion to Dismiss?
Telecommunications
1. TC98-146 IN THE MATTER OF THE FILING BY GCC LICENSE CORPORATION FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer.)
GCC License Corporation, d/b/a Cellular One, is requesting the Commission designate it as an Eligible Telecommunications Company, as that term is used in 47 U.S.C. 214(e)(2), for all of the counties in South Dakota.
TODAY, shall the Commission approve the compliance filing or how shall the Commission proceed?
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 prescribes 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.
On September 26, 2002, the Commission received from AT&T a Motion to Reopen and Supplement the Record. On September 30, 2002, the Commission received from Qwest a Request for Acceptance of PO-20 for Inclusion in the QPAP.
TODAY, shall the Commission grant AT&T's Motion? AND, shall the Commission grant Qwest's Request? AND, shall the Commission find Qwest is in compliance with certain section 271 requirements?
Natural Gas
Application by MidAmerican Energy Company for revisions of its Natural Gas Transportation Tariff on less than 30 days notice with tariffs to become effective December 1, 2002. The tariff changes submitted by MidAmerican are substantially the same as those approved by the Commission in its Order in Docket NG01-010, MidAmerican's last general rate case. In that Docket, MidAmerican requested delaying the effective date of the tariffs proposed in this Docket until a later time. MidAmerican is now asking that these tariff sheets become effective December 1, 2002. The proposed tariff sheets change certain gas transportation balancing parameters and charges.
TODAY, shall the Commission approve MidAmerican's proposed tariff sheets with an effective date of December 1, 2002?
Adjourning until 1:30 P.M.
South Dakota Public Utilities Commission Meeting
Wednesday, November 20, 2002; 1:30 P.M.
State Capitol Building, Room 464
Pierre, South Dakota
AGENDA OF THE COMMISSION MEETING AFTERNOON SESSION
Consumer Issues
Complainant has several billing issues in dispute regarding more than one property. Complainant requests that her account balance be cancelled, that she be awarded damages and that her service be restored. On October 15, 2002, a hearing was held in Dell Rapids, South Dakota, on the issues raised by the Complainant. The Commission took the matter under advisement and afforded the parties ten days from the date of service of the transcript to file any additional arguments. On October 21, 2002, Complainant filed a ten page supplemental filing consisting of both factual testimony and argument. On October 28, 2002, Complainant filed a second supplemental filing consisting of both factual testimony and argument. On November 7, 2002, the Commission received another supplemental filing from Complainant. On November 12, 2002, the Commission received MidAmerican's Post Hearing Brief.
TODAY, shall the Commission allow the admission of the supplementary evidentiary submissions from either or both of the parties, AND how shall the Commission rule on the issues presented in the case?
Telecommunications
On April 22, 2002, ePHONE Telecom, Inc. filed an application for a Certificate of Authority to provide resold interexchange telecommunications service throughout South Dakota. ePHONE intends to utilize traditional telephony connections, as well as the internet, to provide intrastate interexchange service. They intend to offer a variety of prepaid IP telephony services through either a monthly calling plan, where customers are billed in advance for service, or through prepaid calling cards.
TODAY, shall the Commission grant a Certificate of Authority to ePHONE Telecom, Inc.?
2. TC02-056 IN THE MATTER OF THE FILING FOR APPROVAL OF AN AGREEMENT FOR TERMS AND CONDITIONS FOR INTERCONNECTION, UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES AND RESALE OF TELECOMMUNICATIONS SERVICES BETWEEN QWEST CORPORATION AND NOW COMMUNICATIONS OF SOUTH DAKOTA, INC. (Staff Attorney: Kelly Frazier.)
On June 10, 2002, the Commission received for approval an Agreement for terms and conditions for interconnection, unbundled network elements, ancillary services and resale of telecommunication services provided by Qwest Corporation in the State of South Dakota (Qwest) and NOW Communications of South Dakota, Inc. (NOW). According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will offer and provide to any requesting CLEC network interconnection, access to unbundled network elements, ancillary services and telecommunication services available for resale within the geographical areas in which Qwest is providing local exchange service at that time and for which Qwest is the incumbent LEC within the State of South Dakota for purposes of providing local telephone services. The company agreed to waive the 90 day automatic implementation of this filing pending approval of the Certificate of Authority in TC02-044, which the Commission approved at the October 17, 2002, meeting.
TODAY, shall the Commission approve the proposed interconnection agreement?
ICG Telecom Group, Inc. filed an application for a Certificate of Authority to provide facilities-based and resold local exchange telecommunications service in South Dakota. ICG Telecom Group proposes to provide service in the entire service area of Qwest Corporation.
TODAY, shall the Commission grant ICG Telecom Group, Inc. a Certificate of Authority?
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.
TODAY, how shall the Commission rule?
On July 12, 2002, Airnex Communications, Inc. filed an application with the South Dakota Public Utilities Commission for a Certificate of Authority to provide resold interexchange telecommunications services in South Dakota. The applicant intends to market services primarily to residential and small to mid-sized businesses throughout South Dakota. In August 2002, the Commission discovered Airnex had been operating without authority and needed to pay all past due Gross Receipt Tax(s). In October 2002, Airnex paid all past Gross Receipt Tax(s) and penalties.
TODAY, shall the Commission grant a Certificate of Authority to Airnex Communications, Inc.?
On August 26, 2002, Voicecom Telecommunications, LLC (Voicecom) filed an application with the South Dakota Public Utilities Commission for a Certificate of Authority to provide interexchange service in South Dakota. Voicecom intends to offer post-paid long distance calling card services throughout South Dakota through resale.
TODAY, shall the Commission grant a Certificate of Authority to Voicecom
Telecommunications, LLC.?
7. TC02-160 IN THE MATTER OF THE APPLICATION OF ALL-STAR ACQUISITION CORPORATION FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris, Staff Attorney: Kelly Frazier.)
All-Star Acquisition Corporation has filed an application for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. The applicant intends to provide resold intrastate telecommunications services, including MTS, in-WATS, out-WATS, and Calling Card services throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to All-Star Acquisition?
8. TC02-163 IN THE MATTER OF THE APPLICATION OF BUYERS UNITED INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris, Staff Attorney: Kelly Frazier.)
Buyers United Inc. has 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., BuyersOnline, and United Carrier Networks. The applicant 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.?
On October 17, 2002, the Commission received for approval a Filing For Consent To Transfer by Qwest Corporation (Qwest) for the benefit of McLeodUSA Telecom Development Inc., a South Dakota Corporation f/k/a Dakota Telecom, Inc. (MTD) and PrairieWave Telecommunications, Inc. (PrairieWave). According to the filing, PrairieWave has entered into a stock purchase agreement whereby PrairieWave will acquire the stock of MTD. MTD currently operates its business under a Negotiated Interconnection Agreement, approved by the Commission effective October 21, 1998, in Docket No. TC97-126. MTD wishes to transfer the Interconnection Agreement to PrairieWave as part of the stock purchase agreement transaction.
TODAY, shall the Commission approve the proposed transfer of the Interconnection Agreement?
On October 21, 2002, Northern Valley Communications (NVC) filed a request to extend its exemption from the development of company specific cost-based intrastate switched access rates for an additional three years. NVC was originally granted an exemption in October of 1999 which stipulated that within three years NVC must either file a petition to continue the exemption granted or file cost-based rates.
TODAY, shall the Commission approve the exemption extension?
11. TC02-174 IN THE MATTER OF THE FILING BY QWEST CORPORATION FOR APPROVAL OF REVISIONS TO ITS EXCHANGE AND NETWORK SERVICES TARIFF. (Staff Analyst: Heather Forney, Staff Attorney: Karen Cremer.)
On October 28, 2002, Qwest Corporation filed changes to its Exchange and Network Services Tariff. The filing introduces new service options for wireless E911 connectivity in South Dakota providing Phase I and Phase II Selective Routing/Automatic Location Identification (SR/ALI). On November 12, 2002, Brown County and Pennington County filed petitions to intervene. On November 13, 2002, the South Dakota Association of County Commissioners filed a petition to intervene. The intervention deadline for this docket runs until November 15, 2002.
TODAY, shall the Commission grant intervention to anyone that may have filed?
12. TC02-175 IN THE MATTER OF THE APPLICATION OF INTELECALL COMMUNICATIONS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Keith Senger, Staff Attorney: Kelly Frazier.)
On October 30, 2002, Intelecall Communications, Inc. filed an application with the South Dakota Public Utilities Commission for a Certificate of Authority to provide interexchange service in South Dakota. Intelecall Communications, Inc. intends to offer direct and dial-around outbound dialing, toll free inbound dialing, directory assistance, data services and travel card services.
TODAY, shall the Commission grant a Certificate of Authority to Intelecall Communications, Inc.?
On November 1, 2002, Midcontinent Communications, Inc. (Midcontinent) filed a request for approval of revised switched access rates with continued consideration of ARSD 20:10:27:11 being waived. Midcontinent was granted a waiver of ARSD 20:10:27:11 in its original filing on October 20, 2000. The Applicant has also requested a waiver of ARSD 20:10:27:12. Midcontinent intends to mirror the switched access tariffed rates of Qwest.
TODAY, shall the Commission approve the waiver of ARSD 20:10:27:12 and the revised switched access rates?
Electric
On September 30, 2002, the Commission received a filing from Xcel Energy in accordance with Docket EL91-004 requesting: (1) approval of its 2001 economic development report; and (2) approval of its 2002 economic development budget.
TODAY, shall the Commission approve their economic development plan?
On October 22, 2002, the Commission received an application by MidAmerican Energy Company for approval to depart from specific wording of its Electric Energy Cost Adjustment tariff. The departure is requested in order to flow through to customers, savings of capacity charges which MidAmerican received as a result of the settlement of litigation between itself and the Nebraska Public Power District regarding the Cooper Nuclear Station. MidAmerican is requesting a non-permanent waiver in order to credit the Electric Energy Adjustment Clause by the amount of the savings over the remaining term of the purchase contract.
TODAY, shall the Commission approve MidAmerican's request for a non-permanent waiver of specific wording of MidAmerican's Electric Energy Cost Adjustment Tariff to permit flow through of capacity savings to customers.
3. 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. On July 23, 2002, PSE presented both an overview and the results of their study.
TODAY, Xcel is here to present response to PSE's study recommendation.
Announcements
1. The office will be closed on November 28 & 29, in observance of Thanksgiving.
2. A hearing on December 11, 2002, on CT02-038, at 1:30 p.m., in Room LCR 1 of the State Capitol Building.
3. The next regularly scheduled Commission meeting will be held December 19, 2002, at 1:30 p.m., in Room 464 of the State Capitol Building.
4. The office will be closed on December 25, 2002, in observance of Christmas.
Terri J. Iverson
terri.iverson@state.sd.us
