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PUBLIC UTILITIES COMMISSION MEETING
Monday, April 9, 1998; 10:00 A.M.
State Capitol Building, Room 468
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Burg called the meeting to order. Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Staff Attorneys Karen Cremer and Camron Hoseck, Fixed Utilities Division Deputy Director Harlan Best, Utility Analysts Dave Jacobson, Steve Wegman and Tammi Stangohr, Engineer Martin Bettmann, Consumer Representative Leni Healy, Business Manager Sue Cichos and Administrative Secretary Shirleen Fugitt.

Also present were Alisa Demers, Capital Journal; Todd Nelson and Brad Schardin, Lincoln-Union Electric; Jerry Wattier and Todd Chambers, City of Pierre; Duey Marthaller and Jim Conley, Basin Electric Power Cooperative; Ron Holsteen, SDREA; Rich Coit, SDITC; and Jon Lovald, AT&T.

Joining the meeting by phone were Bill Heaston, DTG; Mary Lohnes and Tom Simmons, Midco Communications; Loren Hiatt and Mary Tribby, AT&T; Jon Lehner, U S WEST; Doug Kuper, complainant in EL98-005; and Deloris and Don Kurvink, complainants in EL98-004.

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On March 26, 1998. (Staff: Shirleen Fugitt.)

Commissioner Nelson moved to approve the minutes of the March 26, 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.

Electric

1. EL98-004 IN THE MATTER OF THE PETITION FOR DECLARATORY RULING FILED BY THE CITY OF PIERRE REGARDING A TRANSMISSION LINE. (Staff Engineer: Martin Bettmann. Staff Attorney: Camron Hoseck.)

Mr. Hoseck recommended approval of 15 interventions that have been filed.

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

2. EL98-005 IN THE MATTER OF THE COMPLAINT FILED BY DOUGLAS L. KUPER, LENNOX, SOUTH DAKOTA, AGAINST LINCOLN-UNION ELECTRIC COMPANY REGARDING STRAY VOLTAGE. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Doug Kuper explained his complaint against Lincoln-Union Electric. Mr. Schardin, representing Lincoln- Union Electric, addressed the complaint and discussed the testing that has been done on the Kuper property. Todd Nelson, Lincoln-Union Electric, explained that the tests indicate no problematic levels of voltage on the property.

Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg dissented. Motion passed 2-1.

3. EL98-007 IN THE MATTER OF THE FILING BY BASIN ELECTRIC POWER COOPERATIVE FOR APPROVAL OF A WAIVER FOR TEMPORARY REBUILDING OF A PORTION OF A 345 kV TRANSMISSION LINE. (Staff Engineer: Martin Bettmann. Staff Attorney: Karen Cremer.)

Jim Conley, Basin Electric, explained the filing and circumstances preceeding it.

Chairman Burg moved to find that Basin Electric Cooperative's facility near Nickelson Lake in Codington County, South Dakota, was damaged or destroyed by flood or other natural disaster on March 10, 1998; and that the provisions of SDCL Chapter 49-41B requiring a permit prior to the construction of a transmission facility be waived for temporary construction necessitated by the loss in this case pursuant to SDCL 49-41B-23; and that Basin keep the Commission informed of its efforts to arrive at a permanent solution for the problem it experienced in this filing. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

Natural Gas

1. NG98-001 IN THE MATTER OF THE APPLICATION OF THE RAPID CITY GAS TRANSPORTATION COMPANY, LLC FOR A PERMIT TO CONSTRUCT A 6.625 INCH O.D. TRANSMISSION PIPELINE FACILITY IN PENNINGTON COUNTY, SOUTH DAKOTA. (Staff Engineer: Martin Bettmann. Staff Attorney: Karen Cremer.)

Mr. Bettmann reported that the company has requested withdrawal of this application.

Commissioner Schoenfelder moved to allow withdrawal of the application and closing the docket. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

Telecommunications

1. TC97-005 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF AN INTERCONNECTION COST ADJUSTMENT MECHANISM. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

John Lehner, U S WEST, reported that action on this filing has been delayed pending an FCC decision. Ms. Cremer recommended dismissing the filing and closing the docket.

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

2. TC97-187 IN THE MATTER OF THE APPLICATION OF TOTALTEL, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)

Ms. Stangohr recommended approval of this application with restrictions on advance payments, deposits and prepaid calling cards.

Commissioner Nelson moved to grant a Certificate of Authority with restrictions on advance payments, deposits and prepaid calling cards. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

3. TC98-061 IN THE MATTER OF THE APPLICATION OF DAKOTA TELECOM, INC. AND DAKOTA TELECOMMUNICATIONS SYSTEMS, INC. SEEKING AUTHORITY TO INVOKE SECTION 252(i) OF THE TELECOMMUNICATIONS ACT OF 1996 TO UTILIZE THE NEGOTIATED AGREEMENT BETWEEN SPRINT COMMUNICATIONS COMPANY, L.P. AND U S WEST COMMUNICATIONS, INC. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Bill Heaston, DTG, requested deferral. Action was deferred.

The meeting was adjourned.

_______________________________
Shirleen Fugitt
Administrative Secretary