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PUBLIC UTILITIES COMMISSION MEETING
May 13, 1997; 2:00 P.M.
State Capitol Building, Room 412
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Burg called the meeting to order at 2:00 p.m.  Present were Commissioner Pam Nelson,  Commissioner Laska Schoenfelder, Executive Director Bill Bullard, General Counsel Rolayne Ailts Wiest, Staff Attorneys Karen Cremer and Camron Hoseck, Fixed Utilities Division Director Greg Rislov, Utility Analysts Bob Knadle, Dave Jacobson, Steve Wegman and Tammi Stangohr, Engineer Martin Bettmann, Consumer Representative Leni Healy, Business Manager Sue Cichos, Administrative Secretary Shirleen Fugitt and Legal Intern Tricia Zimmer.

Also present were John Lovald, AT&T; Rich Coit, SDITC; Jim Wilcox, Northern States Power; Bob Miller, SD Electric Utilities; and Bob Sahr, MCI.

Joining the meeting by phone were Karen Huzenga and Diane Harrison, MidAmerican Energy; Don Martinez, Black Hills Power & Light; Tammi Aberle, Dennis Schnabel and Doug Schultz, Montana-Dakota Utilities; Bill Heaston, Jon Lehner and Colleen Sevold, U S WEST; Loren Hiatt and Michelle Engel, AT&T; Robert Marmet, DCT; Mary Lohnes, Midco Communications; Doug Schneider, Pam Communications; Rick Noonan, TeleTech; James Moss, Adam Headrick and Luane Sour, complainants from Sioux Falls; and Veda Boxwell and Shawn Quintana, East River Legal Services.    

Administration

1.         Approval Of The Minutes Of The Commission Meeting Held On April 15, 1997, And The Ad Hoc Commission Meetings Held On April 18, 1997, April 28, 1997, And May 2, 1997.  (Staff: Shirleen Fugitt.)

Commissioner Nelson moved to approve the four sets of minutes mentioned above.  Commissioner Schoenfelder 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 Healy.)

Ms. Healy presented an update on inquiries and complaints received since the last regular Commission meeting. 

Electricity

1.            EL96-026        IN THE MATTER OF THE FILING BY BLACK HILLS POWER AND LIGHT COMPANY FOR TARIFF REVISIONS.  (Staff Analyst:  Dave Jacobson.  Staff Attorney:  Camron Hoseck.)

Mr. Jacobson explained the tariff revisions and noted that the Company does not have a telephone number for the Public Utilities Commission on its bill.

Commissioner Schoenfelder moved to approve the tariff revisions and to request the Company to voluntarily place the Commission's regular telephone number on their bills when the Company reprints them.  Chairman Burg seconded.  Commissioner Nelson dissented stating that she feels the Commission's Toll-Free telephone number should be placed on the bill.  Motion passed 2-1.

2.            EL97-005        IN THE MATTER OF THE COMPLAINT FILED BY LUANE SOUR, SIOUX FALLS, SD, AGAINST NORTHERN STATES POWER COMPANY REGARDING HER ACCOUNT.  (Staff Analyst:  Dave Jacobson.  Staff Attorney:  Karen Cremer.)

Jim Wilcox, Northern States Power, presented customer history on Luane Sour.  Veda Boxwell of East River Legal Services addressed the complaint on behalf of Ms. Sour.  Mr. Jacobson recommended finding probable cause.  Ms. Wiest also recommended finding probable cause.

Commissioner Nelson moved to find probable cause.  Chairman Burg seconded and Commissioner Schoenfelder concurred.  Motion passed 3-0.

3.           EL97-006        IN THE MATTER OF THE COMPLAINT FILED BY JIM SCHIRBER, HERMOSA, SD, AGAINST MONTANA-DAKOTA UTILITIES REGARDING TRANSFER OF ELECTRIC SERVICE.  (Staff Analyst:  Martin Bettmann.  Staff Attorney:  Camron Hoseck.)

Mr. Bettmann explained the complaint and presented territory maps for review by the Commissioners.  Dennis Schnabel , MDU, addressed the complaint.  Mr. Hoseck recommended finding no probable cause.  Ms. Wiest also recommended finding no probable cause.

Commissioner Schoenfelder moved to find no probable cause and dismiss the complaint.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

4.            EL97-007        IN THE MATTER OF THE FILING BY NORTHERN STATES POWER COMPANY FOR APPROVAL OF AN ECONOMIC DEVELOPMENT  PLAN.  (Staff Analyst:  Bob Knadle.  Staff Attorney:  Karen Cremer.)

Mr. Knadle explained the filing.  Jim Wilcox, NSP, presented further explanation.

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

5.         EL97-009        IN THE MATTER OF THE COMPLAINT FILED BY JAMES AND MARY BETH MOSS, SIOUX FALLS, SD, AGAINST NORTHERN STATES POWER COMPANY REGARDING A BILL.  (Consumer Representative:  Leni Healy.  Staff Attorney:  Camron Hoseck.)

James Moss explained his complaint against Northern States Power.  Mr. Hoseck recommended finding no probable cause.  Ms. Wiest also recommended finding no probable cause.

Commissioner Burg moved to find probable cause and encouraged the parties to work toward resolution of this issue.  Commissioner Nelson seconded.  Commissioner Schoenfelder dissented.  Motion passed 2-1.

Natural Gas

1.           NG97-006       IN THE MATTER OF THE COMPLAINT FILED BY ADAM HEADRICK, SIOUX FALLS, SD, AGAINST MIDAMERICAN ENERGY COMPANY REGARDING A BILL.  ( Consumer Representative:  Leni Healy.  Staff Attorney:  Karen Cremer.)

Shawn Quintana of East River Legal Services represented Adam Headrick and explained the complaint.  Karen Huzenga of MidAmerican Energy addressed the complaint and presented customer history information.  Ms. Cremer recommended finding probable cause.  Ms. Wiest also recommended finding probable cause.

Commissioner Schoenfelder moved to find probable cause.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

Telecommunications

1.               TC97-004        IN THE MATTER OF THE APPLICATION OF BELLSOUTH LONG DISTANCE, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA.  (Staff Analyst:  Tammi Stangohr.  Staff Attorney:  Camron Hoseck.)

Ms. Stangohr recommended approval.

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

Commissioner Schoenfelder left the meeting at this time.

2.                 TC97-011        IN THE MATTER OF THE APPLICATION OF TELE-TECH, INC. FOR AN AMENDED CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICE IN SOUTH DAKOTA.  (Staff Analyst:  Tammi Stangohr.  Staff Attorney:  Karen Cremer.)

Ms. Stangohr explained the application and recommended approval.
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Commissioner Nelson moved to approve the application.  Chairman Burg seconded.  Commissioner Schoenfelder was absent and not voting.  Motion passed 2-0.

3.             TC97-025        IN THE MATTER OF THE APPLICATION OF CYPRESS TELECOMMUNICATIONS CORPORATION 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.  Chairman Burg seconded.  Commissioner Schoenfelder was absent and not voting.  Motion passed 2-0

4.            TC97-027        IN THE MATTER OF THE APPLICATION OF SOUTHLAND CORPORATION 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.

Commissioner Nelson moved to approve the application.  Chairman Burg seconded.  Commissioner Schoenfelder was absent and not voting.  Motion passed 2-0.

5.             TC97-033        IN THE MATTER OF THE APPLICATION OF GST NET, 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, prepaid calling cards and advance payments.

Commissioner Burg moved to approve the application with the restrictions mentioned above.  Commissioner Nelson seconded.  Commissioner Schoenfelder was absent and not voting.  Motion passed 2-0.   

6.           TC97-034        IN THE MATTER OF THE APPLICATION OF LONG DISTANCE DIRECT HOLDINGS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA.  (Staff Analyst:  Tammi Stangohr.  Staff Attorney:  Camron Hoseck.)

Rich Coit stated that SDITC had withdrawn its Petition to Intervene.  

7.      TC97-035        IN THE MATTER OF THE APPLICATION OF COMMCHOICE, LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA.  (Staff Analyst:  Tammi Stangohr.  Staff Attorney:  Karen Cremer.)

Rich Coit stated that SDITC had withdrawn its Petition to Intervene. 

8.      TC97-038        IN THE MATTER OF THE APPLICATION OF LDM SYSTEMS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA.  (Staff Analyst:  Dave Jacobson.  Staff Attorney:  Camron Hoseck.)

Rich Coit stated that SDITC had withdrawn its Petition to Intervene. 

9.      TC97-039        IN THE MATTER OF THE PETITION OF MCI TELECOMMUNICATIONS CORPORATION AND AT&T COMMUNICATION OF THE MIDWEST, INC. TO CERTIFY ALL LECS AS TO COMPLIANCE WITH FCC PAYPHONE ORDERS.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Karen Cremer.)

Rich Coit addressed SDITC's request for intervention.  There were no objections from the parties.  Ms. Cremer recommended granting intervention to U S WEST and to SDITC.

Commissioner Burg moved to grant intervention to U S WEST and to SDITC.  Commissioner Nelson seconded.  Commissioner Schoenfelder was absent and not voting.  Motion passed 2-0.

10.     TC97-042        IN THE MATTER OF THE PETITION OF INDEPENDENT TELEPHONE COMPANIES THAT HAVE PURCHASED U S WEST EXCHANGE AREAS FOR EXTENSION OF WAIVER OF SWITCHED ACCESS RULES.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Camron Hoseck.)

Commissioner Nelson moved to grant intervention to U S WEST.  Chairman Burg Seconded.  Commissioner Schoenfelder was absent and not voting.  Motion passed 2-0.

11. IN THE MATTER OF THE FAILURE OF CERTAIN TELECOMMUNICATIONS COMPANIES TO FILE AN ANNUAL REPORT AS REQUIRED BY ARSD 20:10:24:04.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Camron Hoseck.)

Action was deferred.

The meeting was adjourned.

 

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Shirleen Fugitt
Administrative Secretary