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PUBLIC UTILITIES COMMISSION MEETING
Tuesday, February 11, 1997; 10:00 A.M.
Foss Building, Floyd Matthew Training Room
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Burg called the meeting to order at 10:00 a.m.  Present were Commissioner Laska Schoenfelder; Commissioner Pam Nelson; Executive Director Bill Bullard; General Counsel Rolayne Ailts Wiest; Staff Attorneys Karen Cremer and Camron Hoseck; Fixed Utilities Division Director Greg Rislov; Telecommunications Analyst Harlan Best; Utilities Analysts Dave Jacobson, Steve Wegman and Tammi Stangohr; Engineer Martin Bettmann; Consumer Representative Leni Hook; Paralegal Intern Richard Keyes; and Administrative Secretary Shirleen Fugitt. 

Also present were Jim Wilcox, NSP; Dave Gerdes, representing MCI, MDU, and MidAmerican Energy;  Loren Hiatt, AT&T; Bill Heaston, U S WEST; Rich Coit, SDITC; Dennis McFarland, Pam Natural Gas; and Doug Eidahl, SDREA.

Joining the meeting by phone were Mary Lohnes and Tom Simmons, Midco Communications; Bill Haas, McLeod USA; Jennifer Erickson and Deb Hathaway, Pam Natural Gas; Robert Marmet, DCT; Susan Anderson Bachman and Tom Hitchcock, NWPS; Glen Iverson, Susan Stewart and Marv Sorenson, MidAmerican Energy; Don Ball, MDU; Jon Lehner and Colleen Sevold, U S WEST; and Peter Rasmussen and Mike Bradley, Sioux Valley Telephone.

Administration

1.         Approval Of The Minutes Of The Commission Meeting of January 14, 1997, And The Ad Hoc Commission Meeting Of January 27, 1997.  (Staff:  Shirleen Fugitt.)

Commissioner Schoenfelder moved to approve the minutes of the January 14, 1997 Commission Meeting and the January 27, 1997, Ad Hoc Meeting.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

Consumer Affairs

1.         Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission.  (Consumer Representative:  Leni Hook.)

Ms. Hook presented an update on complaints received since the last Commission meeting.

Electricity

1.            EL96-008        IN THE MATTER OF THE APPLICATION OF ARNOLD MURRAY CONSTRUCTION, SIOUX FALLS, SD, FOR A MASTER METERING VARIANCE REQUEST FOR SANDLOT APARTMENTS.  (Staff Analyst:  Steve Wegman.  Staff Attorney:  Camron Hoseck.)

Mr. Wegman reported that he is waiting for a revised building plan from Arnold Murray.  No action was taken.

2.              EL96-024        IN THE MATTER OF THE FILING BY NORTHERN STATES POWER COMPANY FOR APPROVAL OF A RATE REDUCTION/FREEZE AND ADOPTION OF ACCRUAL ACCOUNTING FOR POST-RETIREMENT BENEFITS OTHER THAN PENSIONS.  (Staff Analyst:  Greg Rislov.  Staff Attorney:  Camron Hoseck.)

Mr. Rislov presented an update on this matter.  No action was taken.

Natural Gas

1.            NG96-016       IN THE MATTER OF THE COMPLAINT FILED BY PAM NATURAL GAS AGAINST MIDAMERICAN ENERGY COMPANY REGARDING PGA FACTORS.  (Staff Analyst:  Dave Jacobson and Steve Wegman.  Staff Attorney:  Karen Cremer.)

Susan Anderson Bachman addressed the request for intervention filed by Northwestern Public Service.   Dave Gerdes addressed the request for intervention filed by Montana-Dakota Utilities.  Susan Stewart addressed the request for a continuance filed by MidAmerican Energy.  There were no objections by Pam Natural Gas to the intervention requests, however, Dennis McFarland, representing Pam, spoke in opposition to the continuance request.  Ms. Wiest recommended denial of the Motion for Continuance and approval of the interventions.

Commissioner Schoenfelder moved to deny MidAmerican Energy's request for continuance.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

Commissioner Schoenfelder moved to grant intervention to NWPS and MDU.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.  

2.             NG96-023       IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF ITS 1996 ECONOMIC DEVELOPMENT ACTIVITIES AND ITS 1997 ECONOMIC DEVELOPMENT BUDGET.  (Staff Analyst:  Bob Knadle.  Staff Attorney:  Camron Hoseck.)

Susan Stewart, MidAmerican Energy, explained the economic development plan with further explanation from Glen Iverson.

Commissioner Schoenfelder moved to approve the economic development plan.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

Telecommunications

1.           TC94-121        IN THE MATTER OF THE PETITION BY U S WEST COMMUNICATIONS, INC. TO HAVE ITS NONCOMPETITIVE SERVICES REGULATED AS PROVIDED FOR IN SDCL ' 49-31-4.1.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Rolayne Wiest.)

Ms. Cremer recommended opening a new docket for the purpose of investigating performance and service quality standards of U S WEST. 

Commissioner Schoenfelder moved to open a new docket to investigate performance and service quality standards of U S WEST.  Chairman Burg seconded and Commissioner Nelson concurred.  Motion passed 3-0.

2.         TC95-120        IN THE MATTER OF THE PETITION OF DAVID GLADER FOR EXTENDED AREA SERVICE BETWEEN COLTON, SOUTH DAKOTA, AND SIOUX FALLS, SOUTH DAKOTA.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Karen Cremer.)

Mike Bradley, Sioux Valley Telephone, addressed the issue and requested a continuance.  Ms. Wiest recommended deferral.

Commissioner Schoenfelder moved to defer action on this matter.  Chairman Burg seconded and Commissioner Nelson concurred.  Motion passed 3-0.

3.          TC95-122        IN THE MATTER OF THE REQUEST FOR ONE-WAY EXTENDED AREA SERVICE FROM DELL RAPIDS, SOUTH DAKOTA, TO SIOUX FALLS, SOUTH DAKOTA.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Karen Cremer.)

Chairman Burg moved to defer action on this matter.  Commissioner Schoenfelder seconded and Commissioner Nelson concurred.  Motion passed 3-0.
           

4.        TC96-183        IN THE MATTER OF THE APPLICATION OF APOLLO COMMUNICATIONS SERVICES, LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA.  (Staff Analyst:  Tammi Stangohr.  Staff Attorney:  Karen Cremer.)

Ms. Stangohr explained the application and recommended approval with restrictions on deposits, advanced payments and prepaid credit cards.

Commissioner Schoenfelder moved to approve the application with the restrictions mentioned above.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

5.       TC96-191        IN THE MATTER OF THE APPLICATION OF AFFINITY MARKETING STRATEGIES LLC D/B/A FUNDING OUR FUTURE FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA.  (Staff Analyst:  Tammi Stangohr.  Staff Attorney:  Camron Hoseck.)

Ms. Stangohr explained the application and recommended approval with restrictions on deposits, advanced payments and prepaid credit cards.

Commissioner Schoenfelder moved to approve the application with the restrictions mentioned above.  Chairman Burg seconded and Commissioner Nelson concurred.  Motion passed 3-0.

6.          TC96-199        IN THE MATTER OF THE APPLICATION BY U S WEST INTERPRISE AMERICA, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA.  (Staff Analyst:  Dave Jacobson.  Staff Attorney:  Karen Cremer.)

Dave Gerdes addressed the late-filed intervention request by MCI.

Commissioner Schoenfelder moved to grant late-filed intervention to MCI.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.
   

7.       TC96-201        IN THE MATTER OF THE APPLICATION OF DISCOUNT NETWORK SERVICES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA.  (Staff Analyst:  Tammi Stangohr.  Staff Attorney:  Karen Cremer.)

Ms. Stangohr recommended approval of the application contingent upon receipt by the company of a certificate of authority from the Secretary of State.

Commissioner Schoenfelder moved to approve the application contingent upon receipt of a certificate of authority from the Secretary of State.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

8.            TC96-203        IN THE MATTER OF THE APPLICATION OF PROVIDIAN GROUP, LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA.  (Staff Analyst:  Tammi Stangohr.  Staff Attorney:  Karen Cremer.)

Ms. Stangohr explained the application and recommended approval with restrictions on deposits, advanced payments and prepaid credit cards.

Commissioner Schoenfelder moved to approve the application with the restrictions mentioned above.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

9.      TC97-001        IN THE MATTER OF THE APPLICATION OF AMERICAN INTERNATIONAL TELEPHONE, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA.  (Staff Analyst:  Tammi Stangohr.  Staff Attorney:  Karen Cremer.)

Ms. Stangohr explained the application and recommended approval with restrictions on deposits, advanced payments and prepaid credit cards.

Commissioner Schoenfelder moved to approve the application with the restrictions mentioned above.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

10.           TC97-002        IN THE MATTER OF THE APPLICATION OF INTERCONTINENTAL COMMUNICATIONS GROUP, INC. D/B/A ICLD FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA.  (Staff Analyst:  Tammi Stangohr.  Staff Attorney:  Camron Hoseck.)

Ms. Stangohr explained the application and recommended approval.

Commissioner Nelson moved to approve the application.  Commissioner Schoenfelder seconded and Chairman Burg concurred.  Motion passed 3-0.

11.       TC97-005        IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF AN INTERCONNECTION COST ADJUSTMENT MECHANISM.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Karen Cremer.)

Commissioner Schoenfelder moved to grant intervention to DTS, DCT, DTI, Pam Natural Gas, McLeod USA, Sprint, AT&T, and Midco Communications.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

Commissioner Schoenfelder moved to direct the executive director to establish a procedural schedule in this matter.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

The meeting was adjourned.

 

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Shirleen Fugitt
Administrative Secretary