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South Dakota Public Utilities Commission Meeting
Monday, December 7, 1998; 1:30 P.M.
State Capitol Building, Room 464
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING


Chairman Jim Burg called the meeting to order at 1:30 p.m. Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Deputy Director Sue Cichos, Commission Advisor Greg Rislov, General Counsel Rolayne Ailts Wiest, Staff Attorneys Karen Cremer and Camron Hoseck, Utility Analysts Bob Knadle, Dave Jacobson, Steve Wegman, and Kylie Tracy, Engineer Martin Bettmann, Consumer Representative Leni Healy and Administrative Secretary Shirleen Fugitt.

Also present were Rich Coit, SDITC; Colleen Sevold, U S WEST Communications; Bob Miller, South Dakota Electric Utility Companies; and Joe Kafka, Associated Press.

Joining the meeting by phone were Susan Stewart and Marv Sorenson, MidAmerican Energy; Bill Heaston and Barbara Berkenpas, Dakota Telecommunications Group; Jim Keck, Black Hills Power and Light; Neil Schmid and Amy Ibis, FirsTel; Larry Hettinger, Martin & Associates; Michael Murray, MCI; Mary Lohnes and Tom Simmons, Midco Communications; Rusty Molstad, Northwestern Public Service; Donna Bult, Advanced Communications; Tim Dupic, Golden West; John Gubbrud and Brad Schardin, Lincoln-Union Electric; Jim Gallegos, U S WEST; Doug Kuper, complainant in EL98-005; Don Jiracek, complainant in TC98-196; and Bart Banks, Rapid City, SD.

Administration


1. Approval Of The Minutes Of The Commission Meeting Held On November 25, 1998. (Staff: Shirleen Fugitt.)

Commissioner Nelson moved to approve the minutes of November 25, 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 Affairs: Leni Healy.)

Ms. Healy presented an update on consumer inquiries and complaints received since the last Commission meeting.

Addendum


1. 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.)

Mr. Kuper reported that his complaint has been resolved and can be dismissed. Mr. Wegman recommended that a monitoring system be implemented and the docket be closed.

Chairman Burg moved to dismiss the complaint and close the docket.

Commissioner Nelson made a substitute motion to dismiss the complaint without prejudice with reporting required by the company and to close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

Telecommunications


5. TC98-175 IN THE MATTER OF THE COMPLAINT FILED BY JOHN R. STEELE, PLANKINTON, SOUTH DAKOTA, AGAINST MCI TELECOMMUNICATIONS CORPORATION REGARDING FRAUDULENT MARKETING PRACTICES. (Staff Attorney: Karen Cremer. Consumer Representative: Leni Healy.)

Michel Murray, MCI, reported that Mr. Steele's billing has been re-rated. Ms. Cremer recommended finding no probable cause.

Commissioner Schoenfelder moved to find no probable cause and to close the docket. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

Electric


1. EL98-022 IN THE MATTER OF THE FILING BY BLACK HILLS POWER & LIGHT COMPANY FOR APPROVAL OF AMENDMENT NO. 2 TO INDUSTRIAL CONTRACT SERVICE AGREEMENT WITH HOMESTAKE MINING COMPANY. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Jim Keck, Black Hills Power & Light, explained the filing and the amendment.

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

Natural Gas


1. NG98-011 IN THE MATTER OF THE APPLICATION OF MIDAMERICAN ENERGY COMPANY FOR AUTHORITY TO INCREASE RATES FOR NATURAL GAS SERVICE. (Staff Analyst: Bob Knadle. Staff Attorney: Camron Hoseck.)

Mr. Hoseck recommended suspending the imposition of the tariff for 90 days and setting an intervention deadline of 30 days from the date of the order. Ms. Cichos recommended assessing a filing fee for actual expenses not to exceed $100,000.

Commissioner Schoenfelder moved to set an intervention deadline of 30 days from the date of the order, to suspend the tariff for 90 days and to assess a filing fee for actual expenses not to exceed $100,000. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

Telecommunications


1. TC97-163 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR DESIGNATION AS AN ELIGIBLE TELECOMMUNICATIONS CARRIER. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Colleen Sevold, U S WEST, reported that there is only one customer left in South Dakota with two- party status and that customer will be regraded to single party status by December 16. Ms. Cremer requested a copy, for the docket, of the letter sent out by U S WEST to affected customers.

2. TC98-007 IN THE MATTER OF THE COMPLAINT FILED BY WILLOW LAKE ELEVATOR, WILLOW LAKE, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING TELEPHONE SERVICE OUTAGES AND INADEQUATE SERVICE


TC98-008 IN THE MATTER OF THE COMPLAINT FILED BY GALEN WALDNER, CARPENTER, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING TELEPHONE SERVICE OUTAGES AND INADEQUATE SERVICE

TC98-009 IN THE MATTER OF THE COMPLAINT FILED BY DICK GLANZER, CARPENTER, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING TELEPHONE SERVICE OUTAGES AND INADEQUATE SERVICE

TC98-010 IN THE MATTER OF THE COMPLAINT FILED BY REGAN GLANZER, CARPENTER, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING TELEPHONE SERVICE OUTAGES AND INADEQUATE SERVICE

TC98-011 IN THE MATTER OF THE COMPLAINT FILED BY MIKE MADSEN, CARPENTER, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING TELEPHONE SERVICE OUTAGES AND INADEQUATE SERVICE

TC98-012 IN THE MATTER OF THE COMPLAINT FILED BY CLAUDE GLANZER, CARPENTER, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING TELEPHONE SERVICE OUTAGES AND INADEQUATE SERVICE

TC98-016 IN THE MATTER OF THE COMPLAINT FILED BY KEITH GLANZER, CARPENTER, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING TELEPHONE SERVICE OUTAGES AND INADEQUATE SERVICE. (Staff Attorney: Karen Cremer.)


Ms. Sevold reported that the upgraded system will be in place and all customers converted by the end of December.

3. TC98-090 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR THE LOCAL EXCHANGE CARRIER ASSOCIATION (LECA). (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Larry Hettinger representing McCook Cooperative explained the filing. Mr. Best recommended allowing McCook Cooperative to adjust the minutes of use for loss of minutes associated with loss of customers due to the Spencer tornado.

Chairman Burg moved to allow McCook Cooperative to adjust minutes of use for loss of minutes associated with the loss of customers due to the Spencer tornado. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

Mr. Best explained the text changes in the LECA rates.

Commissioner Nelson moved to approve the LECA tariffs filed on December 1 and December 7, 1998. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

4. TC98-138 IN THE MATTER OF THE APPLICATION OF ALLIANCE GROUP SERVICES INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

Mr. Best explained the application and recommended approval. Mr. Hoseck noted that the company has removed limitations on liability from the tariff.

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

6. TC98-196 IN THE MATTER OF THE COMPLAINT FILED BY DON JIRACEK ON BEHALF OF GSA, INC., RAPID CITY, SOUTH DAKOTA, AGAINST MCLEOD USA, REGARDING INADEQUATE SERVICE. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Bart Banks representing GSA, Inc., explained the complaint against McLeod USA. Ms. Healy noted that McLeod has not responded to the complaint and recommended finding probable cause.

Commissioner Schoenfelder moved to find probable cause and set a procedural schedule. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

Mr. Banks noted that he will file an amended complaint.

The meeting was adjourned.

____________________________
Shirleen Fugitt
Administrative Secretary