Commission Minutes | previous page
PUBLIC UTILITIES COMMISSION MEETING
August 18, 1997; 1:30 P.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Burg called the meeting to order at 1:30 P.M. Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, General Counsel Rolayne Ailts Wiest, Staff Attorney Camron Hoseck, Legal Intern Tricia Zimmer, Fixed Utilities Division Director Greg Rislov, Telecommunications Analysts Harlan Best and Charlie Bolle, Utility Analysts Bob Knadle, Dave Jacobson and Steve Wegman, Business Manager Sue Cichos and Administrative Secretary Shirleen Fugitt.
Also present were Bob Sahr, MCI; Bob Miller, South Dakota Electric Utility Companies; Colleen Sevold and Jon Lehner, U S WEST; Bob Riter, TAG; Chet Brokaw, Associated Press; Al Lundy, South Dakota Public Radio; John Lovald, AT&T; and Bob Mercer, Rapid City Journal.
Joining the meeting by phone were Tammi Stangohr, PUC; Mike Bradley and Ernie Lombard, Crystal Communications; Larry Toll, Dennis Warner, Tom Welk and Tamara Wilka, U S WEST; Mary Lohnes and Tom Simmons, Midco Communications; Robert Marmet, Dakota Telecommunications Group; Loren Hiatt, AT&T; Rod Leyendecker and Tom Hitchcock, NWPS; and Jennifer Erickson, Pam Natural Gas.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On July 29 and July 31, 1997. (Staff: Shirleen Fugitt.)
Commissioner Nelson moved to approve the minutes of the July 29, 1997, and the July 31, 1997, Commission meetings. 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. Cichos presented an update on consumer inquiries and complaints received since the last Commission meeting.
Telecommunications
1. TC96-200 IN THE MATTER OF THE APPLICATION OF DESTINY TELECOMM INTERNATIONAL, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)
Ms. Stangohr reported that she has been unable to obtain necessary information from the company and recommended denial of the application.
Commissioner Nelson moved to deny the application and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Stangohr recommended approval of the application subject to rural safeguards and the waiving of subparagraphs (8) and (12) of ARSD 20:10:24:02.
Chairman Burg moved to approve the application subject to rural safeguards and the waiving of subparagraphs (8) and (12) of ARSD 20:10:24:02. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
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.
Ms. Stangohr recommended approval of the application with restrictions on advance payments, deposits and prepaid calling cards.
Commissioner Schoenfelder moved to approve the application with restrictions on advance payments, deposits and prepaid calling cards. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Stangohr recommended approval.
Chairman Burg moved to approve the application. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Stangohr recommended approval contingent upon receipt of a Certificate of Authority from the Secretary of State and with restrictions on advance payments, deposits and prepaid calling cards.
Commissioner Schoenfelder moved to approve the application contingent upon receipt of a Certificate of Authority from the Secretary of State and with restrictions on advance payments, deposits and prepaid calling cards. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Stangohr recommended approval with restrictions on advance payments, deposits and prepaid calling cards.
Commissioner Nelson moved to approve the application with restrictions on advance payments, deposits and prepaid calling cards. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
11. TC97-132 IN THE MATTER OF THE APPLICATION OF SOUTHWESTERN BELL COMMUNICATIONS SERVICES, INC. D/B/A SOUTHWESTERN BELL LONG DISTANCE FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Legal Intern: Tricia Zimmer.)
Ms. Stangohr recommended approval with restrictions on advance payments, deposits and prepaid calling cards.
Commissioner Schoenfelder moved to approve the application with restrictions on advance payments, deposits and prepaid calling cards. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Natural Gas
Ms. Wiest recommended deferral. Action was deferred.
Electricity
Mr. Hoseck recommended suspension of the tariff change for up to 90 days.
Commissioner Nelson moved to suspend the tariff change for up to 90 days. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Hoseck reported that a resolution has been reached in this matter and recommended dismissal of the complaint and closure of the docket.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications (Continued)
Mr. Best recommended allowing West River Telecommunications Cooperative to use its own cost study.
Commissioner Schoenfelder moved to allow West River Telecommunications Cooperative to use its own cost study. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Hoseck recommended approval with the condition that the contract be amended to include a provision that South Dakota applies to the contract.
Chairman Burg moved to approve the negotiated agreement subject to the condition that the agreement be revised to state that it shall be construed in accordance with the laws of the state of South Dakota. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Hoseck recommended approval with the condition that the contract be amended to include a provision that South Dakota applies to the contract.
Chairman Burg moved to approve the negotiated agreement subject to the condition that the agreement be revised to state that it shall be construed in accordance with the laws of the state of South Dakota. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Jacobson recommended approval of the filing.
Commissioner Schoenfelder moved to approve the filing. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
13. IN THE MATTER OF THE FCC'S REPORT AND ORDER ON UNIVERSAL SERVICE REGARDING THE CHANGED AND EXPANDED LIFELINE AND LINK UP PROGRAMS. (General Counsel: Rolayne Wiest.)
Following discussion on how to proceed in this matter, Ms. Wiest recommended opening a docket and setting a procedural schedule.
Commissioner Schoenfelder moved to open a docket and set a procedural schedule. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Transportation/Warehouse
1. GD95-004 IN THE MATTER OF THE GRAIN DEALER BONDS OF ROGER LEE NAPTON A/K/A FREDERICK GRAIN D/B/A RINGNECK RANCH. (Staff: Ed Anderson. Staff Attorney: Camron Hoseck.)
Mr. Hoseck recommended closing the docket.
Chairman Burg moved to close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Addendum
Telecommunications
TC97-049 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR REVISIONS TO ITS EXCHANGE AND NETWORK SERVICES TARIFF AND EXCHANGE AND NETWORK SERVICES CATALOG. (Staff Analyst: Harlan Best. Staff Attorney: Rolayne Wiest.)
Commissioner Schoenfelder made the following comments and motions: I will make a motion pursuant to the Stipulation and Addendum approved by the Commission on January 8, 1996, to grant an increase of ninety (90) cents to the business local exchange service and PBX trunks to reflect the inclusion of the second portion of the charge for touchtone service.
I further move to grant an increase of ninety (90) cents to the Public Access Line service to reflect the inclusion of the second portion of the charge for touchtone service.
I would further move to grant an increase of sixty (60) cents to the residential local exchange service to reflect the inclusion of the second portion of the charge for touchtone service.
Additionally, based upon the Commission's review of U S WEST's service quality performance, I would deny the remainder of U S WEST's proposed second increase to the residential rate as U S WEST's service quality performance has not been satisfactory.
I would move to disapprove the proposed tariff revisions to U S WEST's Exchange and Network Services Tariff as filed in TC97-049.
Finally, I would move to order U S WEST to file tariff revisions to its Exchange and Network Services Tariff to reflect the Commission's order.
Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
The meeting was adjourned.
________________________________
Shirleen Fugitt
Administrative Secretary
