042298

Public Utilities Commission
Capitol Building, 1st floor
500 E. Capitol Ave.
Pierre, SD 57501-5070
Phone: (605) 773-3201

Commission Minutes | previous page

PUBLIC UTILITIES COMMISSION MEETING
Wednesday, April 22, 1998; 2:00 P.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, General Counsel Rolayne Ailts Wiest, Staff Attorneys Karen Cremer and Camron Hoseck, Fixed Utilities Division Director Greg Rislov, Deputy Director Harlan Best, Utility Analysts Bob Knadle and Dave Jacobson, Engineer Martin Bettmann, Consumer Representative Leni Healy and Administrative Secretary Shirleen Fugitt.

Also present were Rich Coit, SDITC; Bob Mercer, Rapid City Journal; Jim Wilson, MidAmerican Energy; Bob Miller, South Dakota Electric Utility Companies; and Al Lundy, South Dakota Public Radio.

Joining the meeting by phone were Suzan Stewart, MidAmerican Energy; Bill Heaston, Dakota Telecommunications Group; Colleen Sevold, Jim Gallegos and Wayne Culp, U S WEST; Jim Wilcox and John Winter, NSP; Mike Bradley and Denny Law, Sioux Valley Telephone; Mary Lohnes and Tom Simmons, Midco Communications; Dave Gerdes, NSP and MCI; Michele Engel, Loren Hiatt and Mary Tribby, AT&T; Jennifer Erickson, Pam Natural Gas; and Alan Dietrich, Mike Sydow and Dave Monahan, NWPS.

Administration

1. Approval Of The Minutes Of The Commission Meetings Held On April 6, April 9 and April 13, 1998. (Staff: Shirleen Fugitt.)

Commissioner Nelson moved to approve the minutes of the meetings noted above. 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 consumer inquiries and complaints received since the last Commission meeting.

Electric

1. EL98-002 IN THE MATTER OF THE COMPLAINT FILED BY PAUL MUTH, MITCHELL, SOUTH DAKOTA, AGAINST NORTHWESTERN PUBLIC SERVICE COMPANY REGARDING AN ACCOUNTING OF COSTS. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Commissioner Schoenfelder noted that because she has a daughter working for Northwestern Public Service, either party may request her recusal. Mr. Jacobson requested deferral. Action was deferred.

Natural Gas

1. NG97-021 IN THE MATTER OF THE APPLICATION FOR AN ORDER ESTABLISHING A NATURAL GAS LOCAL DISTRIBUTION UTILITY, AND TO ESTABLISH INITIAL NATURAL GAS TRANSPORTATION RATES FOR NORTHERN STATES POWER COMPANY. (Staff Analyst: Bob Knadle. Staff Attorney: Karen Cremer.)

Ms. Cremer stated that Staff feels the Commission has jurisdiction in this matter. Ms. Wiest recommended finding that Northern States Power is a natural gas utility.

Commissioner Nelson moved to find that Northern States Power is a natural gas utility. Commissioner Schoenfelder seconded. Chairman Burg concurred. Motion passed 3-0.

Suzan Stewart addressed the request by MidAmerican Energy for intervention. Jennifer Erickson spoke in support of the request for intervention filed by Pam Natural Gas.

Commissioner Nelson moved to grant intervention to MidAmerican Energy and Pam Natural Gas. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

Chairman Burg moved to direct the executive director to establish a procedural schedule. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

Telecommunications

1. TC97-039 IN THE MATTER OF THE PETITION OF MCI TELECOMMUNICATIONS CORPORATION AND AT&T COMMUNICATIONS OF THE MIDWEST, INC. TO CERTIFY ALL LECS AS TO COMPLIANCE WITH FCC PAYPHONE ORDERS. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Mary Tribby, AT&T, and Dave Gerdes, MCI, spoke in support of setting a procedural schedule. Jim Gallegos, U S WEST, and Bill Heaston, Dakota Telecommunications Group, spoke in support of closing the docket. Rich Coit, SDITC, recommended opening a docket on public payphones. Ms. Cremer recommended closing the docket. Ms. Wiest also recommended closing the docket based upon the FCC order issued March 9, 1998.

Commissioner Schoenfelder moved to close the docket and open a new docket for investigation into public payphones. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

2. TC97-200 IN THE MATTER OF THE COMPLAINT FILED BY JEROME JACOBS, PIERRE, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING HAVING AN EXTRA LINE INSTALLED. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Action was deferred.

3. TC98-015 IN THE MATTER OF THE APPLICATION OF FACILICOM INTERNATIONAL, L.L.C. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)

Action was deferred.

A discussion was held with respect to all docketed negotiated agreements with Commnet Cellular, Inc. Mr. Coit stated that he is seeking approval of the agreements and that the agreements meet the requirements of section 252(e). Mr. Hoseck questioned whether the agreements must comply with the costing standards of section 252(d). Mr. Coit stated that the costing standards of section 252(d) do not apply to negotiated agreements. Ms. Cremer and Ms. Wiest agreed with Mr. Coit's position.

4. TC98-017 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN COMMNET CELLULAR, INC. AND ACCENT COMMUNICATIONS INC. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)