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PUBLIC UTILITIES COMMISSION MEETING
Tuesday, March 4, 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, Utility Analysts Dave Jacobson, Steve Wegman, and Tammi Stangohr, Business Manager Sue Cichos, Consumer Representative Leni Hook, Engineer Martin Bettmann, Paralegal Intern Richard Keyes, and Administrative Secretary Shirleen Fugitt.
Also present were Jon Lehner, U S WEST; Rich Coit, SDITC; Doug Eidahl, SDREA; Bob Sahr, Heartland Telecommunications Co.; and Lance Nixon, Aberdeen American News.
Joining the meeting by phone were Mary Lohnes and Tom Simmons, Midco Communications; David Christensen and Tom Borchert, Heartland Telecommunications Company of Iowa; Robert Marmet, DCT; Rick Johnson, Ft. Randall Telephone; and Tom Welk, U S WEST.
Administration
1. Approval Of The Minutes Of The Commission Meeting of February 11, 1997, And The Ad Hoc Commission Meeting Of February 21, 1997. (Staff: Shirleen Fugitt.)
Commissioner Schoenfelder moved to approve the minutes of the February 11, 1997, Commission Meeting and the February 21, 1997, Ad Hoc Commission Meeting. Commissioner Nelson seconded and Chairman Burg concurred. Motion carried 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 and inquiries received by the Commission since the last Commission meeting.
Electricity
Mr. Bettmann explained the filing and recommended approval of the second trade agreement.
Commissioner Schoenfelder moved to approve the second trade agreement. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications
Concerning Staff's three part motion in this matter, the following comments were made by Commissioner Schoenfelder:
I would support including this record in the docket that has been opened to review U S WEST's service quality performance before granting the next phase of rate treatment that was allowed in TC94.121. In this docket (TC96-174) U S WEST also made arguments to demonstrate their service quality so I would agree to inclusion of this record in TC97-016. I would deny the second part of the motion. If the record in the new docket (TC97-016) supports a delay of a rate increase it should be addressed at the time of the decision in that docket. I would support the third part of Staff's motion in concept, however, I would not go so far as to issue a cease and desist order at this time but would instead strongly, once more, recommend that U S WEST put forth more effort in providing timely service to customers keeping in mind that their performance of service quality is a very large issue in the forthcoming investigations.
Therefore, Commissioner Schoenfelder moved to support the first part of Staff's Motion, deny the second part and support the third part. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Schoenfelder further moved to find that U S WEST did commit an unreasonable act, rate, practice or omission and that Cathy Feickert be awarded $1,274.97. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
2. TC96-187 IN THE MATTER OF THE APPLICATION OF TELSAVE CORPORATION D/B/A INDEPENDENT NETWORK SERVICES FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Camron Hoseck.)
Mr. Jacobson explained the application and recommended approval with restrictions on deposits, prepaid calling cards and advanced payments.
Commissioner Schoenfelder moved to approve the application with the restrictions noted above. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
3. TC96-198 IN THE MATTER OF THE APPLICATION OF NEBCOM, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)
Mr. Best explained the application and recommended approval.
Chairman Burg moved to approve the application. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Wiest recommended granting late-filed intervention to Sprint.
Commissioner Nelson moved to grant late-filed intervention to Sprint. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Jacobson requested deferral. Action was deferred.
Bob Sahr representing Heartland Telecommunications Company of Iowa presented background information on the company. Dave Christensen of the company presented further background. Mr. Best recommended granting a Certificate of Authority with an April 10, 1997, effective date.
Commissioner Schoenfelder moved to grant a Certificate of Authority with an April 10, 1997, effective date. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Hook recommended dismissal of the complaint and closure of the docket.
Commissioner Schoenfelder moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
ADDENDUM
Telecommunications
1. TC96-188 IN THE MATTER OF THE APPLICATION OF 360E LONG DISTANCE, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)
Ms. Stangohr recommended granting a Certificate of Authority with restrictions on advanced payments, deposits and prepaid calling cards.
Commissioner Schoenfelder moved to grant a Certificate of Authority with the restrictions noted above. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Stangohr recommended granting a Certificate of Authority.
Commissioner Schoenfelder moved to grant a Certificate of Authority. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Stangohr recommended granting a Certificate of Authority with restrictions on advanced payments, deposits and prepaid calling cards.
Chairman Burg moved to grant a Certificate of Authority with the restrictions noted above. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Stangohr recommended granting a Certificate of Authority with restrictions on advanced payments, deposits and prepaid calling cards.
Commissioner Nelson moved to grant a Certificate of Authority with the restrictions noted above. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Rick Johnson spoke in support of intervention for Ft. Randall Telephone Co. Rich Coit spoke in support of the intervention request by SDITC. Ms. Wiest recommended granting both interventions.
Commissioner Schoenfelder moved to grant intervention to Ft. Randall Telephone Co. and to SDITC. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
The meeting was adjourned at 10:40 a.m.
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Shirleen Fugitt
administrative Secretary
