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PUBLIC UTILITIES COMMISSION MEETING
July 29, 1997; 1:00 P.M.
State Capitol Building, Room 412
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Burg called the meeting to order at 1:10 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, Telecommunications Analyst Harlan Best, Utility Analysts Dave Jacobson and Tammi Stangohr, Engineer Martin Bettmann, Consumer Representative Leni Healy, Business Manager Sue Cichos, Legal Intern Tricia Zimmer and Administrative Secretary Shirleen Fugitt. 

Also present were Rich Coit, SDITC; John Lovald, AT&T; Dave Gerdes, MCI; Bob Miller, South Dakota Electric Utilities; Bob Mercer, Rapid City Journal; and Darrel Wangen, FDSD of Rapid City, Inc.

Joining the meeting by phone were Robert Marmet, DCT; Diane Harrison and Karen Huizenga, MidAmerican Energy; Mary Lohnes and Tom Simmons, Midco Communications; Loren Hiatt and Michele Engel, AT&T; Jim Wilcox, NSP; Colleen Sevold, Bill Heaston and Delores Legg, U S WEST; and Terri Nace and Bonnie Murray representing Arnold Murray Construction in Sioux Falls, SD.    

Administration

1.         Approval Of The Minutes Of The Commission Meetings Held On July 15, 1997, and July 18, 1997.  (Staff: Shirleen Fugitt.)

Commissioner Schoenfelder moved to approve the minutes of the July 15, 1997, and July 18, 1997, Commission meetings.  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 Healy.)

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

Natural Gas

1.        NG97-012       IN THE MATTER OF COMPLAINT FILED BY ARNOLD MURRAY CONSTRUCTION, SIOUX FALLS, SD, AGAINST MIDAMERICAN ENERGY COMPANY REGARDING TRANSFERRING UNPAID BALANCES TO ITS ACCOUNT.  (Consumer Representative:  Leni Healy.  Legal Intern:  Tricia Zimmer.)

Karen Huizenga, MidAmerican Energy, noted that more time is needed for the resolution of this complaint.  Bonnie Murray representing Arnold Murray Construction, explained the complaint against MidAmerican Energy regarding the transfer of unpaid balances.

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

Electricity

1.          EL96-021        IN THE MATTER OF THE COMPLAINT FILED BY RAYMOND AND BEVERLY NORDSTROM, SPEARFISH, SD, AGAINST BUTTE ELECTRIC COOPERATIVE, INC. AND BLACK HILLS POWER AND LIGHT REGARDING ELECTRICAL SERVICE TO CERTAIN LOTS IN MOUNTAIN SHADOWS MOBILE HOME PARK, SPEARFISH, SD.  (Staff Engineer:  Martin Bettmann.  Staff Attorney:  Karen Cremer.)

Mr. Bettmann explained the agreement reached by the parties involved and recommended the agreement be accepted and the docket be closed.

Commissioner Schoenfelder moved to accept the agreement and close the docket.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

2.              EL97-013        IN THE MATTER OF THE COMPLAINT FILED BY ARNOLD MURRAY CONSTRUCTION, SIOUX FALLS, SD, AGAINST NORTHERN STATES POWER COMPANY REGARDING TRANSFERRING UNPAID BALANCES TO ITS ACCOUNT.  (Consumer Representative:  Leni Healy.  Legal Intern:  Tricia Zimmer.)

Bonnie Murray representing Arnold Murray Construction, explained the complaint against Northern States Power regarding the transfer of unpaid balances.  Jim Wilcox, Northern States Power, addressed the complaint.

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

3.             EL97-015        IN THE MATTER OF THE FILING BY BON HOMME-YANKTON ELECTRIC ASSOCIATION, INC. AND TURNER-HUTCHINSON ELECTRIC COOPERATIVE, INC. FOR APPROVAL OF ASSIGNMENT OF ELECTRIC SERVICE.  (Staff Engineer:  Martin Bettmann.  Legal Intern:  Tricia Zimmer.)

Mr. Bettmann explained the filing and recommended approval.

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

Telecommunications

1.              TC96-055        IN THE MATTER OF THE REQUEST BY AT&T OF THE MIDWEST, INC. TO REQUIRE THE FILINGS OF INTERCONNECTION AGREEMENTS.  (Staff Attorney:  Karen Cremer.)

TC96-064        IN THE MATTER OF THE FILING BY MCI TELECOMMUNICATIONS CORPORATION REGARDING U S WEST INTERCONNECTION AGREEMENTS.  (Staff Attorney:  Karen Cremer.)

Following discussion as to whether the Commission needs to approve interconnection agreements filed prior to the implementation of the federal telecommunications act, Chairman Burg noted that the matter will be taken under advisement. 

2.             TC97-053        IN THE MATTER OF THE FILING BY DAKOTA COOPERATIVE TELECOMMUNICATIONS, INC. AND WESTERN WIRELESS CORPORATION FOR APPROVAL OF THEIR WIRELESS INTERCONNECTION AGREEMENT.  (Staff Attorney:  Karen Cremer.)

Robert Marmet, DCT, explained the filing.  Ms. Cremer recommended approval.

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

3.            TC97-118        IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR WEST RIVER TELECOMMUNICATIONS COOPERATIVE.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Karen Cremer.)

Ms. Wiest recommended granting intervention to U S WEST.

Commissioner Schoenfelder moved to grant intervention to U S WEST.  Chairman Burg seconded and Commissioner Nelson concurred.  Motion passed 3-0.

Commissioner Schoenfelder moved to assess a filing fee.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

4.         IN THE MATTER OF THE DETERMINATION OF WHETHER THE COMMISSION SHALL SUBMIT A COST STUDY TO THE FCC AS THE BASIS FOR CALCULATING FEDERAL UNIVERSAL SERVICE SUPPORT.  (General Counsel:  Rolayne Wiest.)

Following discussion as to whether the Commission shall submit a cost study to the FCC, Chairman Burg noted that the matter will be taken under advisement.  

 Addendum

1.         IN THE MATTER OF POTENTIAL PROBLEMS WITH THIRD PARTY ACCESS TO TELEPHONE COMPANY SUBSCRIBER LISTS.  (Staff Attorney:  Camron Hoseck.)

Darrell Wangen, FDSD of Rapid City, SD, addressed the Commission regarding potential problems with third party access to telephone company subscriber lists.  Ms. Wiest noted that the Commission's role can be educational in nature, only.           

5.           TC97-017        IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR REVISIONS TO ITS EXCHANGE AND NETWORK SERVICES TARIFF.  (Staff Analyst:  Dave Jacobson.  Staff Attorney:  Camron Hoseck.)

Mr. Jacobson explained the filing with further explanation from Bill Heaston of U S WEST.  Mr. Jacobson recommended the Commission price this service consistent with the decision in TC96-184 and at the cost shown in US WEST's May 6, 1997, data response.  Commissioner Schoenfelder requested deferral.  Action was deferred.

The meeting was adjourned.

 

_______________________________________
Shirleen Fugitt
Administrative Secretary