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South Dakota Public Utilities Commission Meeting
Thursday, September 10, 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. Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Deputy Director Sue Cichos, General Counsel Rolayne Ailts Wiest, Commission Advisor Greg Rislov, Staff Attorneys Karen Cremer and Camron Hoseck, Utility Analysts Bob Knadle and Dave Jacobson, Consumer Representative Leni Healy, Utility Intern Kylie Tracy and Administrative Secretary Shirleen Fugitt.
Also present were Bob Miller, South Dakota Electric Utility Companies; Bob Riter, T.A.G.; Dave Gerdes, MCI; and Rich Coit, SDITC.
Joining the meeting by phone were Susan Stewart and Marv Sorenson, MidAmerican Energy; Bill Heaston, Dakota Telecommunications Group; Mary Lohnes and Tom Simmons, Midco Communications; Neil Schmid, FirsTel; Bob Marquez, AT&T; Jeff Decker and Clyde Gross, Northwestern Public Service; and Colleen Sevold and Tom Welk, U S WEST Communications.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On August 18, 1998. (Staff: Shirleen Fugitt.)
Commissioner Schoenfelder moved to approve the minutes of August 18, 1998. 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 Affairs: Leni Healy.)
Ms. Healy presented an update on consumer inquiries and complaints received since the last Commission meeting.
Natural Gas
Susan Stewart, MidAmerican Energy, explained the request for an extension of the test period. Mr. Hoseck recommended denial of the request based upon the Commission's need for more current information.
Commissioner Nelson moved to deny the request for an extension.
Chairman Burg made a substitute motion to approve the extension with a December 1, 1998, deadline. Commissioner Schoenfelder seconded and Commissioner Nelson dissented. Motion passed 2-1.
Clyde Gross, NWPS, explained the filing. Mr. Jacobson presented further explanation and recommended approval.
Commissioner Nelson moved to approve the filing. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications
Commissioner Schoenfelder noted that the Circuit Court has remanded this matter to the Commission with instructions that it consider exhibits 154 and 160 and that she has done so.
Commissioner Schoenfelder moved that the Commission affirm its prior decision in this matter hat certain findings of fact and conclusions of law be amended to reflect the Commission's consideration of these exhibits as directed by the Circuit Court upon remand. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Colleen Sevold, U S WEST, explained the motion to extend the completion date on this project to September 30, 1998.
Chairman Burg moved to allow the extension of the completion date to September 30, 1998, with a $1000 penalty per day following that date for each day the project is not completed. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Tracy explained the application and recommended approval.
Commissioner Schoenfelder moved to approve the application. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Tracy explained that the company has failed to respond to several requests for information and recommended denial of the application.
Chairman Burg moved to deny the application and close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Best explained the filing, noted that the company has filed a bond and recommended approval.
Commissioner Schoenfelder moved to approve the application. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Jacobson explained the application and recommended approval with restrictions on prepaid calling cards, advance payments and deposits.
Chairman Burg moved to approve the application with restrictions on prepaid calling cards, advance payments and deposits. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Colleen Sevold reported that U S WEST completed this job in August. Ms. Cremer reported that the complainant is satisfied with the work done by U S WEST and recommended finding no probable cause.
Chairman Burg moved to find no probable cause and to close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Bill Heaston, Dakota Telecommunications Group, explained the filing.
Commissioner Schoenfelder moved to approve the filing. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Knadle explained the application and recommended approval.
Commissioner Schoenfelder moved to approve the application. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Colleen Sevold, U S WEST, reported that the company is projecting an October 31, 1998, completion date on this job.
Commissioner Schoenfelder moved to find probable cause but defer further action until after October 31, 1998. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Miscellaneous
1. MS95-002 IN THE MATTER OF THE INVESTIGATION OF EMERGENCY NOTIFICATION PROCEDURES OF SOUTH DAKOTA ELECTRIC, TELEPHONE, AND NATURAL GAS UTILITIES IN THE EVENT OF AN OUTAGE OR DISASTER. (Staff Engineer: Martin Bettmann. Staff Attorney: Camron Hoseck.)
Mr. Hoseck recommended deferral. Action was deferred.
2. IN THE MATTER OF THE FAILURE OF CERTAIN TELECOMMUNICATIONS COMPANIES TO TIMELY FILE GROSS RECEIPTS TAX. (Deputy Executive Director: Sue Cichos.)
The following companies have failed to timely file their gross receipts tax as required by SDCL 49-1A:
AmeriVision
Cellular Inc
Cypress Telecommunications Corp
Freedom Communications Corp
Global Telemedia
Host Network
Inmark Inc
Intermedia Management Inc
Long Distance Direct Holdings
Meridian Telecom Corp
Micro-Com
Polar Communications Corp
Professional Communications Mgmt
Providian Group LLC
SmarTel
The Phonco Inc
TW Communications
United Wats
VIP Telephone Network
XIEC Communications Inc
Ms. Cichos recommended issuing an order to show cause to each of the companies listed above.
Commissioner Schoenfelder moved to issue an order to show cause to each of the companies listed above. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
The meeting was adjourned.
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Shirleen Fugitt
Administrative Secretary
