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South Dakota Public Utilities Commission
Tuesday, May 12, 1998; 10:00 A.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Burg called the meeting to order. Present were Commissioner Laska Schoenfelder, Commissioner Pam Nelson, Staff Attorney Karen Cremer, Fixed Utilities Division Director Greg Rislov, Deputy Director Harlan Best, Utility Analysts Bob Knadle, Dave Jacobson, Steve Wegman and Charlie Bolle, Engineer Martin Bettmann, Consumer Representative Leni Healy, Business Manager Sue Cichos and Administrative Secretary Shirleen Fugitt.
Also present were Marty Sharp, Greg Ammon and Lee Burggraff, Dell Rapids Chamber of Commerce; Michele Burgers, City of Colton; Jeff Eckhoff, Minnehaha County Economic Development; Dave Gerdes, NSP; Rich Coit, SDITC; Al Lundy, South Dakota Public Radio; Bob Mercer, Rapid City Journal; and Chet Brokaw, Associated Press.
Joining the meeting by phone were Denny Law, Sioux Valley Telephone; Mary Tribby and Aurora Rubalacava, AT&T; Don Hertz, complainant in TC98-080; Colleen Sevold, U S WEST; Brian Somerville, Basic Long Distance; Mary Lohnes, Midco Communications; Harlan Mammen and Glen Roth, AMPI; Gary O'Hara, NSP; Mike Schultz, Mayor of Freeman; Neil Schmid, FirsTel; Dennis McFarland, Pam Oil; Doug Eidahl, Northern Electric Cooperative; Elizabeth Lipp and B. J. Pease, TC98-071.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On April 13, 1998. (Staff: Shirleen Fugitt.)
Commissioner Schoenfelder moved to approve the minutes of April 13, 1998, with one correction at the top of page 2 where it should refer to Commissioner Schoenfelder's daughter-in-law rather than daughter who works for Northwestern Public Service. Commissioner Nelson 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 complaints and inquiries received since the last Commission meeting.
Electric
Commissioner Nelson moved to find that NSP committed an unreasonable act by attempting to make Ms. Qualls responsible for the electric bill incurred at 1808 and 1808 1/2 South Hawthorne Avenue in Sioux Falls and that Ms. Qualls is not responsible for a past due bill of $507.73 because the name listed on the bill was "Angelia Brittingham," not "Angelia Qualls." Further, the name "Angelia Brittingham" was initially placed on the NSP bill without her knowledge or consent. Chairman Burg seconded. Commissioner Schoenfelder dissented. Motion passed 2-1.
Natural Gas
Commissioner Nelson moved to approve the following:
1. A forecasted, 45 year levelized cost of service, calculated in the same manner as found on Staff Exhibit ___ (GAR-1).
2. That the $.99 rate per mcf be left in place until September 1, 2000 subject to refund at an interest rate of 9%.
3. That any undercollections by the Company would be at the risk of the Company.
4. That depreciation on the facility began when the plant started being used which was in March of 1996.
5. That the Company refile the proposed tariffs that incorporates Staff's recommendations that the Company agreed to at the hearing for Staff's review.
6. That the Company submit an application for a change in the intrastate natural gas transportation rate by March 1, 2000.
Commissioner Schoenfelder seconded. Chairman Burg concurred on all he charging of interest on which he dissented. Motion passed 3-0 except for the charging of interest which passed 2-1.
Telecommunications
Ms. Cremer recommended approval with restrictions on advance payments, deposits and prepaid calling cards, a waiver to ARSD 20:10:24:02 (12) and 911 service to be provided at no charge.
Commissioner Nelson moved to approve the filing with the restrictions noted above. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Don Hertz explained his complaint against AT&T for long distance rates. Mr. Hertz alleges that he was told that he would be charged 10 cents per minute for long distance calls but discovered, upon receipt of his AT&T telephone bill, that he was being charged more. Aurora Rubalacava, AT&T, addressed the complaint and noted that Mr. Hertz has a business line and is therefore not eligible for the 10 cent per minute rate. Mr. Hertz rerated his billing for his long distance charges at 10 cents per minute and paid that amount leaving an unpaid balance of approximately $800.
Commissioner Schoenfelder moved to order AT&T to write-off the remainder of the bill owed by Mr. Hertz. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Chairman Burg moved to approve the filing. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Jacobson recommended approval with restrictions on prepaid calling cards, deposits and advance payments and a waiver to ARSD 20:10:24:05 (4).
Commissioner Schoenfelder moved to approve the application with the restrictions and waiver noted above. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Jacobson recommended approval with restrictions on prepaid calling cards, deposits and advance payments.
Chairman Burg moved to approve the application with the restrictions noted above. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Doug Eidahl, Northern Electric Cooperative, explained the filing. Ms. Cremer recommended approval contingent upon the company posting a $25,000 bond. Mr. Eidahl requested that an irrevocable letter of credit be filed rather than the bond.
Commissioner Schoenfelder moved to approve the application and to require a $25,000 bond. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer recommended approval with restrictions on prepaid calling cards, advance payments and deposits.
Chairman Burg moved to approve the filing with the restrictions noted above. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Commissioner Nelson moved to prohibit Basic Long Distance from acquiring or contacting any new South Dakota customers. She also moved that Basic Long Distance be ordered to credit the accounts or reimburse all charges it billed to all South Dakota customers that notify the company or the Commission that they did not knowingly choose Basic Long Distance as their toll provider. To accomplish this, the Commission will compose a letter notifying all of Basic's South Dakota customers of the outcome of the hearing and verify that they have agreed to be a customer of Basic's. Commissioner Nelson further moved that Basic Long distance be required to reimburse the Commission for the cost of this mailing. Basic Long Distance will not be able to resume marketing to South Dakota customers unless specifically allowed by the Commission. If Basic Long distance applies to the Commission to resume marketing to new customers, it will, at a minimum, be required to have any scripts that it uses approved by the Commission. This includes all scripts used in its marketing efforts and those scripts used by its third party verifier. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Jacobson recommended approval with restrictions on prepaid calling cards, advance payments and deposits.
Commissioner Schoenfelder moved to approve with restrictions on prepaid calling cards, advance payments and deposits. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Pease, on behalf of Ms. Lipp, requested dismissal of this complaint based upon the action just taken in TC98-068, Item 10.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Colleen Sevold, U S WEST, explained the filing and answered questions.
Commissioner Schoenfelder moved to approve the filing. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
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.)
Commissioner Schoenfelder moved to approve two-way Extended Area Service between Colton and Sioux Falls. She further stated that this matter has been before the Commission for over two years and has been thoroughly examined and publicized. The Colton residents' interest in this matter was proven by the timely return of nearly eighty-five percent of the mailed ballots. Nearly sixty-three percent favored extended area service. There is a clear community of interest between Sioux Falls and Colton. Our approval of Extended Area Service appropriately accommodates this relationship. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Commissioner Schoenfelder moved to have the companies provide the following information:
1.The earliest technically feasible date to have extended area service available for the community;
2. What tasks must be performed to provision extended area service, who is responsible for completing those tasks and when they are scheduled to occur; and
3. Any deviation from the schedule will be reported immediately to this Commission.
Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
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.)
Commissioner Schoenfelder moved to approve two-way Extended Area Service between Dell Rapids and Sioux Falls. She further stated that this matter initially came before the Commission in November of 1995, and that the lengthy time interval has provided an opportunity for the matter to be thoroughly examined and for the people of Dell Rapids to fully consider their options. Commissioner Schoenfelder noted that the Dell Rapids telephone users were allowed to ballot their preference, and an extremely high percentage, over eighty percent, returned their ballots with over fifty percent voting in favor of Extended Area Service to Sioux Falls. This shows a clear interest in linking these two communities and the Commission's approval reflects that interest. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Commissioner Schoenfelder moved to have the companies provide the following information:
1.The earliest technically feasible date to have extended area service available for the community;
2. What tasks must be performed to provision extended area service, who is responsible for completing those tasks and when they are scheduled to occur; and
3. Any deviation from the schedule will be reported immediately to this Commission.
Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Commissioner Nelson moved to find that U S WEST has committed an unreasonable or unlawful act, practice, or omission in its failure to provide to the Carpenter complainants adequate telephone service. Commissioner Nelson further moved that the Commission order U S WEST to replace the current SLC 40 system in the Carpenter area with three NEC digital line carrier systems. She further moved that the Commission find that this replacement is necessary for the improvement of telecommunications service in the Carpenter area and the convenience of the complainants. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Schoenfelder moved to find that U S WEST has committed an unreasonable or unlawful act, practice, or omission in its failure to provide to the Carpenter complainants adequate telephone service. Commissioner Schoenfelder further moved that the Commission order U S WEST to replace the current SLC 40 system in the Carpenter area with three NEC digital line carrier systems. She further moved that the Commission find that this replacement is necessary for the improvement of telecommunications service in the Carpenter area and the convenience of the complainants. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Chairman Burg moved to find that U S WEST has committed an unreasonable or unlawful act, practice, or omission in its failure to provide to the Carpenter complainants adequate telephone service. Chairman Burg further moved that the Commission order U S WEST to replace the current SLC 40 system in the Carpenter area with three NEC digital line carrier systems. He further moved that the Commission find that this replacement is necessary for the improvement of telecommunications service in the Carpenter area and the convenience of the complainants. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Commissioner Nelson moved to find that U S WEST has committed an unreasonable or unlawful act, practice or omission in its failure to provide to the Carpenter complainants adequate telephone service. Commissioner Nelson further moved that the Commission order U S WEST to replace the current SLC 40 system in the Carpenter area with three NEC digital line carrier systems. She further moved that the Commission find that this replacement is necessary for the improvement of telecommunications service in the Carpenter area and the convenience of the complainants. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Schoenfelder moved to find that U S WEST has committed an unreasonable or unlawful act, practice or omission in its failure to provide to the Carpenter complainants adequate telephone service. Commissioner Schoenfelder further moved that the Commission order U S WEST to replace the current SLC 40 system in the Carpenter area with three NEC digital line carrier systems. She further moved that the Commission find that this replacement is necessary for the improvement of telecommunications service in the Carpenter area and the convenience of the complainants. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Chairman Burg moved to find that U S WEST has committed an unreasonable or unlawful act, practice or omission in its failure to provide to the Carpenter complainants adequate telephone service. Chairman Burg further moved that the Commission order U S WEST to replace the current SLC 40 system in the Carpenter area with three NEC digital line carrier systems. He further moved that the Commission find that this replacement is necessary for the improvement of telecommunications service in the Carpenter area and the convenience of the complainants. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Commissioner Nelson moved to find that U S WEST has committed an unreasonable or unlawful act, practice or omission in its failure to provide to the Carpenter complainants adequate telephone service. Commissioner Nelson further moved that the Commission order U S WEST to replace the current SLC 40 system in the Carpenter area with three NEC digital line carrier systems. She further moved that the Commission find that this replacement is necessary for the improvement of telecommunications service in the Carpenter area and the convenience of the complainants. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
The meeting was adjourned.
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Shirleen Fugitt
Administrative Secretary
