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South Dakota Public Utilities Commission Meeting
Thursday, February 20, 2003; 2:00 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 February 19, 2003.
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 JANUARY 16, 2003 AND FEBRUARY 4, 2003. (Staff: Tina Douglas.)
Consumer Issues
1. STATUS REPORT ON CONSUMER UTILITY INQUIRIES AND COMPLAINTS RECENTLY RECEIVED BY THE COMMISSION. (Consumer Affairs: Jim Mehlhaff.)
2. IN THE MATTER OF DISMISSING DOCKETS CE03-001; CN03-001; CT03-002
Complainant states that NorthWestern Energy put service in her name without her authorization. Complainant requests that charges be removed from her name and that NorthWestern discontinue the practice of putting service in an individual's name without written or verbal authorization from the individual.
Complainant states that after selling her property at 1000 N. Minnesota, she contacted MidAmerican and asked that it remove her name from the billing at this address and to inquire about what her final bill would be. In January 2003, Complainant requested that MidAmerican put her name on the billing address at 3316 N. 9th Ave. MidAmerican told her that it could not put her name on the account because she had service in her name at 1000 N. Minnesota and had an outstanding bill of $240.00. Complainant requests that service be removed from her name at 1000 N. Minnesota, effective January 15, 2002, that the outstanding bill at this address be removed from her name and that she be allowed service in her name at 3316 N. 9th Ave., effective immediately.
Complainant states that his long distance service was switched without his authorization. Complainant requests $1,000.00 as allowed by South Dakota law for the unauthorized switch and that he be reimbursed for all expenses to resolve the complaint.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
On December 11, 2002, the Commission received a complaint from Patti Voigt against Aquila, Inc. (Aquila) f/k/a Peoples Natural Gas Company (Peoples) f/k/a Energy One. According to the Complainant, the company billed her approximately $4,000.00 to fix a gas leak and wrongfully turned her account over to a collection agency. The Complainant also alleges that Aquila drives over newly planted crops each spring when it comes to check the meter. The Complainant disputes the bill and seeks relief from having to pay the remainder of the bill associated with fixing the gas leak. On December 21, 2002, Aquila filed an Answer and Motion to Dismiss.
TODAY, shall the commission grant Aquila's Motion to Dismiss?
Complainant states that in July 2000, it agreed to switch its business service from Qwest to McLeod. On July 19, 2000, at approximately 3:00 a.m. Complainant found that it had no telephone service because McLeod did not have the same switch date as Qwest. Qwest restored Complainant's service at approximately 12:00 p.m. on July 19th. The Complainant's service was then scheduled to switch to McLeod on August 15, 2000. At approximately 6:00 a.m. Qwest disconnected Complainant's service he service was not connected with McLeod. Qwest restored Complainant's service at approximately 9:00 p.m. Complainant then met with Larry Selensky, McLeod Representative, to discuss the problem. Larry stated that the Complainant would receive a $3,000.00 credit for all of its trouble and assured the Complainant that the switch scheduled on December 8, 2000 would go smoothly. On November 30, 2000, Complainant's service was disconnected by Qwest at 10:30 a.m. When McLeod was unable to connect service, Qwest restored the Complainant's service on December 1, 2000, at approximately 3:00 p.m. Complainant's service was never switched to McLeod. Complainant requests that it be reimbursed for vendor bills, employee wages and lost revenue in the amount of $5,949.01. On February 7, 2003, McLeodUSA filed a Motion to add Qwest Corporation as a third party to the complaint.
TODAY, shall the Commission grant McLeodUSA's motion to add Qwest Corporation as a third party to the complaint?
Electric
On January 8, 2003, Xcel Energy and Central Electric Cooperative filed a "Joint Request for an Electric Service Territory Boundary Modification." This agreement seeks an exception to the existing service territory near Carthage, South Dakota. The area to be transferred from Central Electric to Xcel Energy is described as the wind tower and its associated facilities located approximately one mile West of Carthage and 159 feet North of 222nd Avenue residing in the SW 1/4 of Section 12 of Red Stone Township T108N R58W in Miner County, South Dakota, together with a line to connect with Xcel's system.
TODAY, shall the Commission grant the service rights exception?
Application by Otter Tail Power Company for approval of a contract with deviations with the City of DeSmet. The current municipal contract providing electrical service expires February 1, 2003. The new contract contains rates that are not otherwise tariffed.
TODAY, shall the Commission approve Otter Tail Power's proposed contract with deviations with the City of DeSmet?
Application of Black Hills Power for approval of electric tariff revisions which will allow snow making equipment to be served by the Energy Storage Service rate. The application
TODAY, shall the Commission approve the proposed tariff revisions?
Natural Gas
Application by MidAmerican Energy Company for approval of its 2002 Economic Development Report and 2003 Economic Development Plan in accordance with the Settlement Stipulation in Docket NG01-010. The Settlement Stipulation specifies that economic development expenses up to $100,000 shall be equally paid by ratepayers ($50,000) and shareholders ($50,000) and that MidAmerican's programs will be submitted for approval on an annual basis.
TODAY, shall the Commission approve the 2002 economic development report and 2003 economic development plan filed by MidAmerican Energy Company?
Application by Montana-Dakota Utilities Co. for approval of waiver of Purchased Gas Adjustment tariff provisions which will allow the annual surcharge adjustment to be recalculated and made effective March 1, 2003. The tariff provisions requested to be waived specify a recalculated surcharge to take effect May 1, 2003. The effect of the early surcharge recalculation will be an increase in rates for March and April billings and a probable decrease thereafter compared to leaving the current surcharge adjustment in effect.
TODAY, shall the Commission approve Montana-Dakota Utilities' waiver of its purchased gas adjustment tariff?
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 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.
TODAY, how shall the Commission proceed?
On June 20, 2002, the Commission received for approval a filing of an Agreement for Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services between Qwest Corporation (Qwest) and BridgeBand Communications Inc., (BridgeBand). 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 telecommunications services available for resale. The Agreement is limited to the geographical areas in which Qwest is the incumbent local exchange carrier within the State of South Dakota for purposes of providing local telecommunications services. Any party wishing to comment on the agreement may do so by filing written comments with the Commission and the parties to the agreement no later than July 10, 2002. Parties to the agreement 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 statement of generally available terms and conditions?
On January 3, 2003, the Commission approved a Certificate of Authority for NobelTel, LLC to provide interexchange telecommunications services in South Dakota with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments. On January 8, 2003, the Commission received a request from NobelTel, LLC for removal of those restrictions.
TODAY, shall the Commission grant NobelTel, LLC=s request for removal of restrictions from offering prepaid calling cards or accepting customer deposits or advance payments?
Startec Global Licensing Company 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 service, including MTS, in-WATS, out-WATS, and Debit Card services throughout South Dakota.
TODAY, shall the Commission grant the Certificate of Authority to Startec Global Licensing Company?
Application by National Access Long Distance, Inc. for a certificate of authority to provide interexchange telecommunications services in South Dakota on a resold basis.
TODAY, shall the Commission grant a Certificate of Authority to National Access Long Distance, Inc.?
6. TC02-185 IN THE MATTER OF THE FILING FOR APPROVAL OF AN AMENDMENT TO AN INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION AND PRAIRIEWAVE TELECOMMUNICATIONS, INC. (Staff Attorney: Kelly Frazier.)
On November 14, 2002, the Commission received a filing of LIS Inter Local Calling Area Facility Amendment to the Interconnection Agreement between Qwest Corporation f/k/a U S WEST (Qwest) and PrairieWave Telecommunications, Inc. f/k/a McLeodUSA Telecom Development, Inc. f/k/a Dakota Telecom, Inc. According to the parties, this is an Amendment to the Interconnection Agreement approved by the Commission in Docket TC97-126, effective October 21, 1998. The Interconnection Agreement in TC97-126 was originally between U S WEST Communications, Inc., Dakota Telecom, Inc. and Dakota Telecommunications Systems, Inc. U S WEST subsequently changed its name to Qwest. Dakota Telecom, Inc. subsequently changed its name to McLeodUSA Telecom Development, Inc. and again changed its name to PrairieWave. Dakota Telecommunications Systems, Inc. is not a party to the November 14, 2002, filing. According to the parties, the Amendment is made in order to add to the agreement the terms, conditions and rates for LIS Inter Local Calling Area (LCA) Facility as set forth in Attachment 1, attached to the Amendment. Any party wishing to comment on the agreement may do so by filing written comments with the Commission and the parties to the agreement no later than December 4, 2002. Parties to the agreement 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 Amendment?
On December 18, 2002, a filing of Single Point of Presence/Term Amendment to Paging Connection Agreement Between Arch Wireless Operating Company, Inc. (Arch) and Qwest Corporation in the State of South Dakota was received by the Commission for approval. According to the parties, this is an amendment to the negotiated paging connection agreement between Arch and Qwest which was approved by this Commission on September 29, 2000, in Docket No. TC00-108. The agreement is amended to include the addition of SPOP in the LATA language as set forth in Attachment 1 and Exhibit A attached to the amendment.
TODAY, shall the Commission approve the proposed Amendment?
On December 27, 2002, the Commission received a filing of a CLEC-To-CLEC Connections, CLEC-To-CLEC Cross Connections and Early Access Amendment to the Interconnection Agreement between Qwest Corporation and Sprint Communications Company L.P. According to the parties, this is an Amendment to the negotiated Interconnection Agreement approved by the Commission in Docket TC01-151, effective November 13, 2001. According to the parties, the Agreement is amended by adding terms and conditions for CLEC-To-CLEC Connections, CLEC-To-CLEC Cross Connections and Early Access as set forth in Attachment 1 and Exhibit A, attached to the Amendment.
TODAY, shall the Commission approve the proposed Amendment?
On January 7, 2003, the Commission received for approval a Filing of Statement of Generally Available 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 to VP Telecom (Third Revision - First Amended - November 15, 2002). 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 telecommunications 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 local exchange carrier within the State of South Dakota for purposes of providing local telecommunications services.
TODAY, shall the Commission approve the proposed Amendment?
10. TC03-022 IN THE MATTER OF THE FILING BY NOS COMMUNICATIONS, INC. FOR APPROVAL OF ITS INTRASTATE SWITCHED ACCESS TARIFF AND FOR AN EXEMPTION FROM DEVELOPING COMPANY SPECIFIC COST-BASED SWITCHED ACCESS RATES. (Staff Analyst: Keith Senger, Staff Attorney: Kelly Frazier.)
On January 10, 2003, NOS Communications, Inc. filed a request for approval of switched access rates with consideration of ARSD 20:10:27:07 being waived. The Applicant has also requested a waiver of ARSD 20:10:27:12. NOS Communications, Inc. intends to mirror the switched access tariffed rates of Qwest.
TODAY, shall the Commission approve the intrastate switched access tariff for NOS Communications, AND shall the Commission grant the exemption from developing company specific cost-based switched access rates?
Valley Telecommunications and Venture Communications have filed a joint petition proposing changes to several exchange boundaries. The proposed exchange boundaries affect the following exchanges: Glenham/Selby, Mound City/Selby, Eureka/Selby, Hosmer/Bowdle, Ipswich/Roscoe.
TODAY, shall the Commission approve the boundary change?
Alticomm, Inc. is seeking a Certificate of Authority to provide interexchange and local exchange telecommunication services in South Dakota. The applicant intends to provide a full range of services on a resale basis.
TODAY, shall the Commission approve the Certificate of Authority for Alticomm, Inc.?
On January 15, 2003, the Commission received for approval a filing of an Amendment to an Interconnection Agreement between Qwest Corporation (Qwest) and FiberComm, L.C. (FiberComm). According to the parties, the Amendment is a negotiated amendment to the Agreement between the parties approved by the Commission in Docket TC01-020 which became effective July 12, 2001. The Amendment is made in order to add terms and conditions for the Special Request Process as set forth in Exhibit B attached to the Amendment.
TODAY, shall the Commission approve the proposed amendment?
14. TC03-034 IN THE MATTER OF THE APPLICATION OF BUSINESS NETWORK LONG DISTANCE, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer.)
Business Network Long Distance, Inc. has filed an application with the South Dakota Public Utilities Commission for a Certificate of Authority to provide interexchange services 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, and travel card services throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to Business Network Long Distance, Inc.?
On January 23, 2003, the Commission received for approval a Filing of a Reciprocal Transport and Termination Agreement between CommNet Cellular License Holding, Inc. d/b/a Verizon Wireless, Missouri Valley Cellular, Inc. d/b/a Verizon Wireless, Sandborn Cellular of South Dakota Limited Partnership d/b/a Verizon Wireless and Eastern South Dakota Cellular, Inc. d/b/a Verizon Wireless (all as "Verizon") and PrairieWave Community Telephone, Inc. (PrairieWave). According to the parties, the Agreement is made to put in place an arrangement for the mutual exchange and reciprocal compensation of local telecommunications traffic which is intended to supersede any previous arrangements between the parties. The parties also wish to establish an arrangement that compensates PrairieWave for transiting traffic that originates on Verizon's network and terminates on a third carrier's network.
TODAY, shall the Commission approve the proposed reciprocal transport and termination agreement?
On January 23, 2003, the Commission received for approval a Filing for Approval of an Interconnection and Reciprocal Compensation Agreement between CommNet Cellular License Holding, Inc. d/b/a Verizon Wireless, Missouri Valley Cellular, Inc. d/b/a Verizon Wireless, Sandborn Cellular of South Dakota Limited Partnership d/b/a Verizon Wireless and Eastern South Dakota Cellular, Inc. d/b/a Verizon Wireless (all as Verizon) and PrairieWave Telecommunications, Inc. (PrairieWave). According to the parties, the Agreement is made to put in place an arrangement for the mutual exchange and reciprocal compensation of telecommunications traffic which is intended to supersede any previous arrangements between the parties.
TODAY, shall the Commission approve the proposed interconnection and reciprocal compensation agreement?
On January 31, 2003, Western Wireless Corporation provided information constituting Western Wireless Corporation's plan for use of its federal universal service support and to otherwise verify that Western Wireless Corporation will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
TODAY, shall the Commission grant intervention to any parties who may have filed? AND, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support as proposed by Western Wireless Corporation?
Announcements
1. Commissioners and Staff will be attending the NARUC meetings in Washington, DC February 22 - 26, 2003.
2. The next regularly scheduled Commission meeting will be held March 4, 2003, at 9:30 a.m., in the Kneip Room of the Governor's Inn.
3. A hearing in docket TC02-176 is scheduled for March 5 - 7, 2003 in the Kneip Room of the Governor's Inn.
4. Commission meetings and hearings are scheduled for March 18, 2003, and April 1, 2003.
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
February 13, 2003
