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PUBLIC UTILITIES COMMISSION MEETING
February 10, 1998; 3:00 P.M.
State Capitol Building, Public Utilities Commission Cactus Conference Room
Pierre, South Dakota
MINUTES OF THE AD HOC COMMISSION MEETING
Chairman Burg called the meeting to order at 3:00 p.m. Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, General Counsel Rolayne Ailts Wiest, Staff Attorney Karen Cremer, 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 Lori Grode, Pierre, SD, and Terry Woster, Argus Leader.
Joining the meeting by phone were Robert Marmet, DTG; John Nooney, Black Hills Power & Light; Tom Welk, Jon Lehner and Colleen Sevold, U S WEST; and Michelle Engel, AT&T.
Telecommunications
Chairman Burg moved that the Commission grant Staff's motion to amend paragraph 4 on page 7 since this is a typographical error. He further moved that the Commission amend its order with respect to prefiled testimony to allow members of the public to testify without filing prefiled testimony. Chairman Burg also noted that Staff must give U S WEST a list of those members of the public who will testify along with a short description of the subject matter of their testimony to U S WEST ten days prior to the hearing. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Commissioner Schoenfelder moved that the Commission allow U S WEST to request from Staff documents and work papers that were specifically used by Staff to develop or support Staff's activity in this docket. She stated that the requesting of information of Staff by parties through data requests is consistent with past Commission practice. In addition, she moved that the Staff members who must respond to these requests are the Staff members as named by the Staff Attorney. On the issue of depositions, she moved that the Commission not allow depositions since the Commission is requiring prefiled testimony. She noted that the use of prefiled testimony, and the limitation of direct testimony at a hearing to what is contained in that written testimony, has traditionally been used by this Commission in place of depositions and is designed to limit burdensome discovery in administrative appeals. Thus, she moved to require Staff to give to U S WEST any documents as specified in the discovery request to the extent those documents were specifically relied upon by Staff in developing this case. In addition, she further moved that based on Staff's petition or Staff's prefiled testimony, U S WEST be allowed to request any work papers used by Staff to develop any numbers or other assertions by Staff made in its Petition or testimony. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Healy explained the complaint and recommended the finding of probable cause.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Electricity
John Nooney, Black Hills Power and Light, explained the application. Mr. Knadle presented further explanation and recommended approval.
Chairman Burg moved to approve the application. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
The meeting was adjourned.
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Shirleen Fugitt
Administrative Secretary
