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South Dakota Public Utilities Commission Meeting
Tuesday, August 31, 2004 at 9:30 A.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 August 30, 2004.
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 June 22, July 6, and July 20, 2004. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff)
2. CE04-001 In the Matter of the Complaint filed by Kristin Boxwell, Sioux Falls, South Dakota, against Xcel Energy Regarding Xcel Energy's Refusal to Enter into a Payment Arrangement Post-Disconnection. (Staff Analyst: Jim Mehlhaff, Staff Attorney: Karen Cremer)
Complainant's representative states that the respondent will not enter into a payment agreement because a disconnection of service has already taken place, and that the provisions of ARSD 20:10:20:03 do not apply post-disconnect. Complainant would like to have a Commission ruling on the respondent's interpretation of the rule. The Complainant also asks that the Commission require the respondent to reconnect service and enter into a payment arrangement for the outstanding balance. On August 16, 2004, Xcel Energy filed a Motion to Dismiss.
TODAY, shall the Commission grant Xcel Energy's Motion to Dismiss?
3. CT04-001 In the Matter of the Complaint filed by Chris Haugo on behalf of Haugo Broadcasting, Rapid City, South Dakota, against McLeodUSA Telecommunications Services, Inc. Regarding Unauthorized Billing. (Staff Analyst: Jim Mehlhaff, Staff Attorney: Karen Cremer)
Complainant states that the respondent charged and was paid a fee of $4.21 per line per month on four lines that had been removed from service in December of 1998. Complainant seeks a full refund of all charges paid on the lines after they were removed from service plus interest.
TODAY, if the above matter is resolved, shall the Commission Dismiss the Complaint and Close the Docket?
Complainant's representative states that he signed an addendum to his contract on 10/19/00. Since that time he has been charged a per line rate that is over the contracted amount and he has been charged for features that according to the contract were to be included at no additional charge. The complainant seeks a refund of all monies paid to the respondent for services that were billed over the contracted amount.
TODAY, if the above matter is resolved, shall the Commission Dismiss the Complaint and Close the Docket?
Electric
Filing by Homestake Mining Company of a request for mediation regarding determination of the appropriate capacity of Homestake's load for billing purposes. The parties have reached a resolution pursuant to the existing contract and have requested the docket be closed.
TODAY, shall the Commission Close the Docket?
Natural Gas
Application by Montana-Dakota Utilities Co. (MDU) for an amendment to its existing contract with Merillat Corporation which will expire on October 31, 2004. The proposed amendment provides for service to continue to Merillat for a one year period ending October 31, 2005, under the terms of the original contract. MDU has requested approval with less than 30 days notice.
TODAY, shall the Commission approve the contract amendment and tariff revisions for Montana- Dakota Utilities Co.?
Application by MidAmerican Energy Company for approval of tariff provisions which will make backbilling customers in cases of incorrect billing an option instead of mandatory. MidAmerican has recently discovered a problem with certain electronic meter reading devices which caused customers to be billed for less gas than actually used. MidAmerican proposes to not backbill these customers for the usage not previously billed for. MidAmerican has requested approval with less than 30 days notice.
TODAY, shall the Commission approve the tariff revisions for MidAmerican Energy Company?
Telecommunications
On November 18, 2003, RCC Minnesota, Inc. and Wireless Alliance, L.L.C. d/b/a Unicel (collectively, RCC) filed a petition to be designated as an eligible telecommunications carrier (ETC) for purposes of qualifying to obtain federal universal service support in the areas of certain non-rural and rural telephone companies. RCC Minnesota, Inc. is authorized by the Federal Communications Commission (FCC) as the Cellular Radiotelephone Service provider in the South Dakota Rural Service Area 4 - Marshall, South Dakota. Wireless Alliance, L.L.C is authorized by the FCC as the Personal Communications Service carrier in the partitioned area of the Minneapolis-St. Paul MTA012 which encompasses Minnehaha and Lincoln Counties, South Dakota, in the Sioux Falls Basic Trading Area (BTA 422). RCC also requests the Commission to redefine the following Rural LEC Service Areas: Alliance Communications Cooperative, Interstate Telecommunications Cooperative, Inc., James Valley Cooperative Telephone Company, PrairieWave Community Telephone, Inc., and Sioux Valley Telephone Company. On December 4, 2003, Petitions to Intervene were filed by James Valley Cooperative Telephone, Union Telephone Company, Stockholm-Strandburg Telephone Company, Venture Communications Cooperative, and Interstate Telecommunications Cooperative. Sioux Valley Telephone Company, PrairieWave Communications, South Dakota Telecommunications Association, Roberts County Telephone Cooperative Association, RC Communications, Inc., and Alliance Communications Cooperative, Inc. each filed Petitions to Intervene on December 5, 2003. The Commission granted intervention to the above named parties on December 16, 2003. The matter was originally noticed for hearing for July 27, 28, and 29, 2004. The matter has been rescheduled for October 14 and 15, 2004. On August 25, 2004, RCC fax filed a Request For Opportunity to File Surreal Testimony requesting a filing deadline of Sept 14, 2004, for such testimony.
TODAY, shall the Commission grant RCC's Request for Opportunity to File Surreal Testimony? AND, if so shall the Commission establish a date for such filing?
2. TC04-083 In the Matter of the Application of Qwest Communications Corporation for a Certificate of Authority to Provide Local Exchange Services in South Dakota. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)
On April 22, 2004, Qwest Communications Corporation (QCC) filed an application for a Certificate of Authority to provide competitive local exchange services in South Dakota. QCC plans to provide a broad range of interLATA and intraLATA telecommunications services for voice and data applications to business and residences throughout South Dakota. QCC will provide competitive local exchange telecommunications service, in conjunction with interexchange telecommunications services and operator services, within South Dakota by means of resale, the leasing of facilities, and/or the construction of its own facilities on a statewide basis. The South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene on May 14, 2004. The Commission granted intervention to SDTA a May 24, 2004 meeting. This docket was deferred at the August 17, 2004, Commission Meeting.
TODAY, shall the Commission grant a Certificate of Authority to Qwest Communications Corporation?
3. In the Matter of the Dockets Requesting Federal Universal Service Support Certification
On July 29, 2004, West River Cooperative Telephone Company (West River) provided information constituting West River's plan for the use of its federal universal service support and to otherwise verify that West River 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.
On July 30, 2004, Kennebec Telephone Company, Inc. (Kennebec) provided information constituting Kennebec's plan for the use of its federal universal service support and to otherwise verify that Kennebec 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.
On July 30, 2004, Interstate Telecommunications Cooperative, Inc. (Interstate) provided information constituting Interstate's plan for the use of its federal universal service support and to otherwise verify that Interstate 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.
On August 2, 2004, Heartland Telecommunications Company of Iowa d/b/a Hickory Tech (Hickory Tech) provided information constituting Hickory Tech's plan for the use of its federal universal service support and to otherwise verify that Hickory Tech 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.
On August 2, 2004, Consolidated Telcom (Consolidated) provided information constituting Consolidated's plan for the use of its federal universal service support and to otherwise verify that Consolidated 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.
On August 3, 2004, Faith Municipal Telephone Company (Faith) provided information constituting Faith's plan for the use of its federal universal service support and to otherwise verify that Faith 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.
On August 4, 2004, James Valley Cooperative Telephone Company (James Valley) provided information constituting James Valley's plan for the use of its federal universal service support and to otherwise verify that James Valley 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.
On August 4, 2004, Western Telephone Company (Western) provided information constituting Western's plan for the use of its federal universal service support and to otherwise verify that Western 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.
On August 4, 2004, Tri-County Telcom, Inc. (Tri-County) provided information constituting Tri-County's plan for the use of its federal universal service support and to otherwise verify that Tri-County 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.
On August 4, 2004, Roberts County Telephone Cooperative Association and RC Communications, Inc. (the Company) provided information constituting the Company's plan for the use of its federal universal service support and to otherwise verify that the Company 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.
On August 4, 2004, Stockholm-Strandburg Telephone Company (Stockholm) provided information constituting Stockholm's plan for the use of its federal universal service support and to otherwise verify that Stockholm 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.
On August 4, 2004, Valley Telecommunications Cooperative Association, Inc. (Valley) provided information constituting Valley's plan for the use of its federal universal service support and to otherwise verify that Valley 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.
On August 4, 2004, Golden West Telecommunications Cooperative, Inc. (Golden West) provided information constituting Golden West's plan for the use of its federal universal service support and to otherwise verify that Golden West 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.
On August 4, 2004, Vivian Telephone Company (Vivian) provided information constituting Vivian's plan for the use of its federal universal service support and to otherwise verify that Vivian 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.
TC04-158 In the Matter of the Request of Kadoka Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On August 4, 2004, Kadoka Telephone Company (Kadoka) provided information constituting Kadoka's plan for the use of its federal universal service support and to otherwise verify that Kadoka 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.
On August 4, 2004, Union Telephone Company (Union) provided information constituting Union's plan for the use of its federal universal service support and to otherwise verify that Union 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.
On August 4, 2004, Bridgewater-Canistota Independent Telephone Company (Bridgewater) provided information constituting Bridgewater's plan for the use of its federal universal service support and to otherwise verify that Bridgewater 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.
On August 4, 2004, Armour Independent Telephone Company (Armour) provided information constituting Armour's plan for the use of its federal universal service support and to otherwise verify that Armour 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.
On August 4, 2004, Sioux Valley Telephone Company (Sioux Valley) provided information constituting Sioux Valley's plan for the use of its federal universal service support and to otherwise verify that Sioux Valley 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.
On August 4, 2004, McCook Cooperative Telephone Company (McCook) provided information constituting McCook's plan for the use of its federal universal service support and to otherwise verify that McCook 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.
On August 5, 2004, Splitrock Properties, Inc. (Splitrock) provided information constituting Splitrock's plan for the use of its federal universal service support and to otherwise verify that Splitrock 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.
On August 5, 2004, Alliance Communications Cooperative, Inc. (Alliance) provided information constituting Alliance's plan for the use of its federal universal service support and to otherwise verify that Alliance 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.
On August 5, 2004, Northeast Nebraska Telephone Company (Northeast) provided information constituting Northeast's plan for the use of its federal universal service support and to otherwise verify that Northeast 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.
On August 5, 2004, City of Brookings Municipal Telephone (Brookings) provided information constituting Brookings' plan for the use of its federal universal service support and to otherwise verify that Brookings 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.
On August 5, 2004, Venture Communications Cooperative (Venture) provided information constituting Venture's plan for the use of its federal universal service support and to otherwise verify that Venture 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.
On August 5, 2004, Midstate Communications, Inc. (Midstate) provided information constituting Midstate's plan for the use of its federal universal service support and to otherwise verify that Midstate 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.
On August 6, 2004, Three River Telco (Three River) provided information constituting Three River's plan for the use of its federal universal service support and to otherwise verify that Three River 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.
TC04-171 In the Matter of the Request of Jefferson Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On August 6, 2004, Jefferson Telephone Company (Jefferson) provided information constituting Jefferson's plan for the use of its federal universal service support and to otherwise verify that Jefferson 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.
On August 6, 2004, Beresford Municipal Telephone Company (Beresford) provided information constituting Beresford's plan for the use of its federal universal service support and to otherwise verify that Beresford 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.
On August 6, 2004, RT Communications, Inc. provided information constituting RT Communications' plan for the use of its federal universal service support and to otherwise verify that RT Communications 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.
On August 6, 2004, West River Telecommunications Cooperative (West River) provided information constituting West River's plan for the use of its federal universal service support and to otherwise verify that West River 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.
On August 6, 2004, West River Telecommunications Cooperative (Mobridge) provided information constituting Mobridge's plan for the use of its federal universal service support and to otherwise verify that Mobridge 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.
On August 9, 2004, Mount Rushmore Telephone Company and Fort Randall Telephone Company (the Companies) provided information constituting the Companies' plan for the use of its federal universal service support and to otherwise verify that the Companies 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.
On August 9, 2004, Valley Telephone Company (Valley) provided information constituting Valley's plan for the use of its federal universal service support and to otherwise verify that Valley 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.
On August 9, 2004, Red River Telecom, Inc. (Red River) provided information constituting Red River's plan for the use of its federal universal service support and to otherwise verify that Red River 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.
On August 9, 2004, Cheyenne River Sioux Tribe Telephone Authority (CRSTTA) provided information constituting CRSTTA's plan for the use of its federal universal service support and to otherwise verify that CRSTTA 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 provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal services support as proposed in each of the above dockets?
Announcements
1. The next regularly scheduled Commission meeting will be held September 14, 2004, at 9:30 a.m. in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for October 12 and 26, 2004.
3. Oral argument and decision in CT03-154 will be held August 31, 2004, at 10:30 a.m. in Room 412, at Pierre, South Dakota.
4. Oral argument and decision in the Local Number Portability (LNP) dockets will be held August 31, 2004, at 1:30 p.m. in Room 412, at Pierre, South Dakota.
5. A Wireless Technology Forum will be held in Spearfish September 27 and 28, 2004.
______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
August 25, 2004
