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South Dakota Public Utilities Commission Meeting
Monday, December 14, 1998; 2:00 P.M.
State Capitol Building, Room 464
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Jim Burg called the meeting to order at 2:00 p.m. 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 Attorney Camron Hoseck, Utility Analysts Harlan Best, Bob Knadle, Dave Jacobson and Kylie Tracy, Consumer Representative Leni Healy and Administrative Secretary Shirleen Fugitt.

Also present were Loren Hiatt, AT&T; Jim Wilcox, Northern States Power; Jennifer Stalley, South Dakota Rural Electric Association; and Lori Grode, court reporter.

Joining the meeting by phone were Todd Lundy, U S WEST; Dom Sekich, AT&T; Jennifer Erschen, Telecommunications Reports; Mary Lohnes and Tom Simmons, Midco Communications; Dave Conn, McLeod USA; Bonnie Slade, complainant in EL98-023; and Sam Kerr, representing the complainant in TC98-196.

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On December 7, 1998. (Staff: Shirleen Fugitt.)

Commissioner Schoenfelder moved to approve the minutes of December 7, 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.

Electric

1. EL98-023 IN THE MATTER OF THE COMPLAINT FILED BY BONNIE SLADE, FULTON, SOUTH DAKOTA, AGAINST NORTHERN STATES POWER COMPANY CONCERNING OUTAGES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Slade explained her complaint against Northern States Power regarding frequent power outages and the difficulties she encounters due to her need for additional oxygen. Jim Wilcox representing Northern States Power reported that the company feels it has determined the source of the problem and is in the process of making the necessary repairs. Ms. Healy recommended closing the docket and opening an investigatory docket. Chairman Burg recommended leaving the docket open and continuing an investigation. Commissioner Schoenfelder requested assurance from Mr. Wilcox that the company will notify Ms. Slade of planned and unplanned outages. Commissioner Nelson supported Chairman Burg's recommendation.

Telecommunications

Addendum

1. 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.)

Sam Kerr explained the amended complaint which was filed with the Commission on December 10, 1998. Dave Conn, McLeod USA, had to objection to the amendment. Mr. Hoseck recommended approval of the amended complaint.

Chairman Burg moved to permit the amending of the original complaint. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

1. TC96-184 IN THE MATTER OF THE PETITION FOR ARBITRATION ON BEHALF OF AT&T COMMUNICATIONS OF THE MIDWEST INC. WITH U S WEST COMMUNICATIONS, INC. (General Counsel: Rolayne Wiest.)

Commissioner Nelson moved that the Commission accept AT&T's definition of "itself" and AT&T's proposed language in section 52.3.3. She further moved to accept U S WEST's position on the issue of intellectual property with the exception of section 5.2 which she directed the parties to rewrite to provide that the Party Requesting Access has the option of having the Party Providing Access negotiate for the use of Third Party Intellectual Property or may choose to negotiate on its own behalf. She moved that the Party Requesting Access be responsible for all costs associated with the obtaining the use of Third Party Intellectual Property. She also moved that the Commission reject AT&T's proposed language regarding indemnification. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

2. TC98-064 IN THE MATTER OF THE APPLICATION OF IDT AMERICA, CORP. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Camron Hoseck.)

Mr. Jacobson reported that the company has requested withdrawal of the application.

Chairman Burg moved to allow the withdrawal of the application and to close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

3. TC98-066 IN THE MATTER OF THE APPLICATION OF CABLE & WIRELESS GLOBAL CARD SERVICES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Kylie Tracy. Staff Attorney: Camron Hoseck.)

Ms. Tracy explained the application and recommended approval contingent upon the company filing a corrected surety bond with the Commission.

Commissioner Nelson moved to approve the application contingent upon the company filing a corrected surety bond. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

The meeting was adjourned.

_______________________________
Shirleen Fugitt
Administrative Secretary