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South Dakota Public Utilities Commission Meeting
Friday, August 19, 2005 at 9:00 A.M.
Room 412, State Capitol Building, 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 18, 2005.
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.
ADDENDUM TO AGENDA OF THE AD HOC MEETING
Consumer Complaint
On February 16, 2005, WWC License LLC (WWC) filed a complaint against Golden West Telecommunications Cooperative, Inc. (Golden West), and Vivian Telephone Company, Sioux Valley Telephone Company, Union Telephone Company, Armour Independent Telephone Company, Bridgewater-Canistota Telephone Company and Kadoka Telephone Company (affiliated companies). WWC is seeking reimbursement for alleged overpayments it made to Golden West and its affiliated companies. WWC requests that the Commission order Golden West and its affiliated companies to repay the amounts overpaid, to award double the damages pursuant to SDCL 49-31-14.1, to reimburse WWC's attorney's fees pursuant to SDCL 49-13-14.1 and to grant WWC such other and further relief that may be proper or equitable. On March 8, 2005, Golden West filed an Answer and Counterclaim. On March 29, 2005, WWC filed an Answer to Golden West Companies' Counterclaim. Both parties agreed that Kadoka Telephone Company should not be included in the complaint on March 29, 2005. WWC filed a Motion for Partial Summary Judgment and a Memorandum in Support of Motion for Partial Summary Judgment on April 6, 2005. At its meeting on May 24, 2005, the Commission voted unanimously to grant WWC's Motion for Partial Summary Judgment with respect to jurisdiction and find that the Commission does have jurisdiction to consider the issues raised by the parties but to defer action on the issues of interest and refund of undisputed amounts held by Golden West. The Commission denied the Motion for Partial Summary Judgment regarding payment of undisputed overage charges and granted the Motion for Partial Summary Judgment regarding applicability of interest at its June 14, 2005, meeting. On August 15, 2005, Golden West filed a Motion to Prohibit WWC from Contesting the Accuracy of Data Provided; and Motion to Strike Late-Filed Claim; Motion to Compel; Motion to Permit Additional Discovery, Motion to Postpone Hearing; Golden West Companies' Motion to Strike or Dismiss; and Memorandum in Support of Golden West Companies' Motion to Strike or Dismiss. On August 17, 2005, WWC filed a Motion to Bifurcate Complaint and Counterclaim.
TODAY, the Commission shall hear oral arguments on all of the Motions, including WWC's Motion to Bifurcate Complaint and Counterclaim.
__________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
August 17, 2005
