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South Dakota Public Utilities Commission
Thursday, May 28, 1998; 10:00 A.M.
>State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Jim Burg called the meeting to order at 10:00 a.m. 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, Dave Jacobson, Steve Wegman and Tammi Stangohr, Consumer Representative Leni Healy, Business Manager Sue Cichos and Administrative Secretary Shirleen Fugitt.
Also present were Susan Smith, Capital Journal; Todd Chambers , Geoff Simon and Jerry Wattier, City of Pierre; Loren Hiatt, AT&T; Thomas P. Maher, representing the intervenors in EL98-004; Bob Miller, South Dakota Electric Utility Companies; Gordon Woods, South Dakota Intrastate Pipeline; Jim Wilcox, Northern States Power; Tony Mangen, KCCR; Dave Gerdes, MCI; Rich Coit, SDITC; and Bob Mercer, Rapid City Journal.
Joining the meeting by phone were Richard Haubensak, Peoples Natural Gas; Mike Bradley representing Peoples Natural Gas, Ft. Randall Telephone and Vivian Telephone; Neil Schmid, FirsTel; Tom Simmons, Midco Communications; Colleen Sevold, U S WEST; Duane Muxen, complainant in NG98-003; and Don Hertz, complainant in TC98-080.
Chairman Burg introduced Ethan Meaney who has joined the Commission for the summer as a Legal Intern.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On May 12, 1998. (Staff: Shirleen Fugitt.)
Commissioner Nelson moved to approve the minutes of May 12, 1998. 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 a status report on complaints and inquiries received since the last Commission meeting.
Telecommunications
Loren Hiatt, AT&T, reported that AT&T has initiated a write-off of the Hertz account and does not wish to proceed with a hearing.
Commissioner Nelson moved to close the docket. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Natural Gas
Duane Muxen explained his complaint against Peoples Natural Gas regarding a sales tax exemption. Mr. Jacobson noted that representatives from the Department of Revenue elected not to attend the meeting today. Mr. Jacobson also recommended finding probable cause. Commissioner Schoenfelder recommended that Staff negotiate with the Department of Revenue and Mr. Muxen and that action be deferred. Action was deferred.
Addendum
Electric
Chairman Burg moved that the City supplement the record with additional information concerning Segment A of the proposed transmission line. He further requested that the City answer the question as to whether any part of Segment A follows property lines. In other words, Chairman Burg asked if the only reason the city states that the majority of Segment A is inside the preferred zone is because it follows a platted street. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Telecommunications (continued)
Ms. Stangohr recommended denial of this application as the company has not responded to numerous data requests.
Commissioner Schoenfelder moved to deny the application and close the docket. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
The company has requested withdrawal of this application.
Commissioner Schoenfelder moved to allow the company to withdraw the application and to close the docket. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Stangohr recommended approval of the application with rural safeguards, restrictions on prepaid calling cards, deposits and advance payments, and waivers to ARSD 20:10:24:02 (8) and (12).
Chairman Burg moved to approve the application with the restrictions noted above. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Commissioner Nelson moved that RT Communications, Inc., be designated as an ETC for its study area in South Dakota and that current study area be designated as its service area. She further moved that RT Communications be required to advertise the availability of the services supported by the federal universal service support mechanism and the charges therefore using media of general distribution once each year. If the rate for any of the services supported by the federal universal service support mechanism changes, the new rate must also be advertised using media of general distribution. Commissioner Nelson further moved that RT Communications implement the Lifeline and Link Up programs adopted by this Commission, which follow the FCC requirements, rather than the Wyoming programs. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Jacobson explained the application and recommended approval.
Commissioner Schoenfelder moved to approve the application. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mike Bradley, Fort Randall Telephone, explained the petition.
Commissioner Nelson moved to grant an extension of the waiver of the switched access rules contingent upon the filing of a cost study by May 1, 1999. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mike Bradley, Vivian Telephone Company, explained the petition.
Chairman Burg moved to grant an extension of the waiver of the switched access rules contingent upon the filing of a cost study by May 1, 1999. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Colleen Sevold, U S WEST, reported that the parties have reached an agreement. Action was deferred.
Commissioner Schoenfelder moved to assess a filing fee for actual costs not to exceed $100,000. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Nelson moved to assess a filing fee for actual costs not to exceed $100,000. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Chairman Burg moved to assess a filing fee for actual costs not to exceed $100,000. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Commissioner Schoenfelder moved to assess a filing fee for actual costs not to exceed $100,000. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Chairman Burg moved to assess a filing fee for actual costs not to exceed $100,000. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Commissioner Schoenfelder moved to assess a filing fee for actual costs not to exceed $100,000. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Nelson moved to assess a filing fee for actual costs not to exceed $100,000. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Nelson moved to assess a filing fee for actual costs not to exceed $100,000. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Schoenfelder moved to assess a filing fee for actual costs not to exceed $100,000. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Commissioner Nelson moved to assess a filing fee for actual costs not to exceed $100,000. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Schoenfelder moved to assess a filing fee for actual costs not to exceed $100,000. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Commissioner Nelson moved to assess a filing fee for actual costs not to exceed $100,000. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Schoenfelder moved to assess a filing fee for actual costs not to exceed $100,000. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Nelson moved to assess a filing fee for actual costs not to exceed $100,000. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Schoenfelder moved to assess a filing fee for actual costs not to exceed $100,000. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Commissioner Schoenfelder moved to grant a waiver to use GVNW's cost study and to assess a filing fee for actual costs not to exceed $100,000. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Addendum
Jim Wilcox, Northern States Power Company, explained the economic development plan.
Commissioner Schoenfelder moved to approve the filing. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
The meeting was adjourned.
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Shirleen Fugitt, Administrative Secretary
