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PUBLIC UTILITIES COMMISSION MEETING
Tuesday, February 3, 1998; 10:00 A.M.
State Capitol Building, Room 430
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Burg called the meeting to order at 10:00a.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 Bob Knadle, Dave Jacobson, Steve Wegman and Tammi Stangohr, Consumer Representative Leni Healy, Business Manager Sue Cichos and Administrative Secretary Shirleen Fugitt.
Also present were Larry Toll, Jon Lehner, Colleen Sevold, Bill Heaston, Andrew Crain and Tom Welk, U S WEST; Dennis Law, Sioux Valley Telephone; Vernon Brown and Terry Kjergaard, KELO- TV; Rich Coit, SDITC; Terry Woster, Argus Leader; and Bob Syring, Stephanie Wicks, Mike Madsen, Keith Glanzer and Douglas Roggow, Complainants from the Carpenter, SD area.
Joining the meeting by phone were Mike Bradley, Peoples Natural Gas and Sioux Falls Telephone; Suzan Stewart and Marv Sorenson, MidAmerican Energy; Robert Marmet, Dakota Telecommunications Group; Brian Sommerville, Basic Long Distance; Brenda Schmidt, Argus Leader; Mary Lohnes and Tom Simmons, Midco Communications; Chris Johnson, Western Wireless; Neil Schmid, FirsTel; Michele Burger, Jodi Bentz, Helen Heeren and Wayne Burkhart, Complainants in TC95-120 and 122; Galen Waldner, Complainant in TC98-008; and Dick Glanzer, Complainant in TC98-009.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On January 20, 1998. (Staff: Shirleen Fugitt.)
Commissioner Nelson moved to approve the minutes of the January 20, 1998, Commission meeting. 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 Commission meeting.
Gas/Electric
Marv Sorenson, MidAmerican Energy, explained the reasons the company is requesting withdrawal of this filing. Mr. Jacobson recommended allowing the withdrawal.
Chairman Burg moved to allow withdrawal of the filing and to close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Natural Gas
1. NG96-021 IN THE MATTER OF THE COMPLAINT FILED BY RICK AND JENNIFER GIEDD, MECKLING, SD, AGAINST PEOPLES NATURAL GAS FOR CHARGES RESULTING FROM A GAS LEAK. (Staff Engineer: Martin Bettmann. Staff Attorney: Karen Cremer.)
Ms. Cremer reported that the complaint has been satisfied.
Commissioner Schoenfelder moved to dismiss the complaint and close the docket. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Telecommunications
1. 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.)
2. 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.)
Mike Bradley, Sioux Falls Telephone, discussed the rates that have been agreed upon with U S WEST and reported that following balloting in these communities, he anticipates that service can be in place within 150 days. Mr. Heaston noted that the cost for balloting is estimated to be $15,000.
Ms. Wiest recommended approval of the filing based on the updated cost study.
Commissioner Nelson moved to approve the filing. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Stangohr recommended approval.
Commissioner Schoenfelder moved to approve the application. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Heaston explained the request by U S WEST for reconsideration. Ms. Wiest recommended denial of the request to reconsider the timelines for the implementation of single party service since U S WEST has suspended its investment plan and she recommended that the request to modify the toll limitation language be granted.
Commissioner Nelson moved to deny the request for reconsideration of the timelines for the implementation of single party service. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Commissioner Nelson further moved to grant reconsideration on the toll limitation provision. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Chairman Burg moved to modify the toll limitation language to be consistent with the FCC's new ruling. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Stangohr explained the application and recommended approval with restrictions on advance payments, deposits and prepaid calling cards.
Chairman Burg moved to approve the application with the three restrictions noted above. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Best explained the filing and recommended approval.
Commissioner Schoenfelder moved to approve the filing. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Doug Roggow, Willow Lake Farmers Elevator, explained the complaint. Bill Heaston, U S WEST, noted that the company is not opposing the finding of probable cause.
Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Galen Waldner explained his complaint.
Chairman Burg moved to find probable cause. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Dick Glanzer explained the complaint.
Commissioner Schoenfelder moved to find probable cause. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mike Madsen explained the complaint.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
9. IN THE MATTER OF EXCESSIVE CONSUMER COMPLAINTS AGAINST BASIC LONG DISTANCE FOR QUESTIONABLE MARKETING PRACTICES AND UNAUTHORIZED SWITCHING OF LONG DISTANCE SERVICE. (Consumer Affairs: Leni Healy.)
Ms. Healy presented an update on this matter and noted that since Basic Long Distance has failed to file gross receipts tax, the Commission may wish to defer action until after the show cause hearing this afternoon. It was then reported that the gross receipts tax was received this morning. Ms. Wiest recommended that this matter be noticed again for a decision.
Addendum
Mr. Hoseck explained the Motion to Amend the Order to Show Cause. In the motion, Staff is asking for the correction of a typographical error and a language change that would allow Staff to call certain witnesses without those witnesses having to file prefiled testimony. Tom Welk, U S WEST, noted no objection to the first amendment but a strong objection to the second proposed amendment regarding whether Staff and the public must prefile testimony. Chairman Burg stated that this matter will be taken under advisement.
The meeting was adjourned.
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Shirleen Fugitt
Administrative Secretary
