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South Dakota Public Utilities Commission Meeting
Thursday, March 25, 1999; 10:00 A.M.
State Capitol Building, Room 464
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Jim Burg called the meeting to order. Present were Commissioner Laska Schoenfelder, Commissioner Pam Nelson, Executive Director Bill Bullard, Deputy Director Sue Cichos, General Counsel Rolayne Ailts Wiest, Commission Advisor Greg Rislov, Staff Attorneys Karen Cremer and Camron Hoseck, Telecommunications Analyst Harlan Best, Utility Analysts Bob Knadle, Dave Jacobson and Keith Senger, Transportation/Warehouse Division Director Jeff Lorensen and Administrative Secretary Shirleen Fugitt.

Also present were Vince Wienk, complainant in CT99-001; Rich Coit, SDITC; and Tom Berkelman, AT&T.

Joining the meeting by phone were Jerry Campbell and Michelle Singer, AT&T; Doug Eidahl, Northern Valley Communications; Rusty Molstad, NWPS; Karen Huisenga, Suzan Stewart and Marv Sorensen, MidAmerican Energy; Mary Lohnes, Midco Communications; and Colleen Sevold and Tom Welk, U S West Communications.

Administration

1. Approval Of The Minutes Of The Commission Meetings Held On March 3, 9, and 11, 1999. (Staff: Shirleen Fugitt.)

Commissioner Nelson moved to approve the minutes of the Commission meetings held on March 3, 9, and 11, 1999. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

2. CE99-001 IN THE MATTER OF THE COMPLAINT FILED BY OLAN GARCIA ON BEHALF OF A LITTLE BIT OF ITALY, SPEARFISH, SOUTH DAKOTA, AGAINST BLACK HILLS POWER AND LIGHT COMPANY REGARDING COLLECTION PRACTICES. (Staff Attorney: Karen Cremer. Consumer Representative: Leni Healy.)

Ms. Cremer reported that the complaint has been resolved.

Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

3. CT99-001 IN THE MATTER OF THE COMPLAINT FILED BY VINCE WIENK ON BEHALF OF ALL STAR TRAVELERS INN, SPEARFISH, SOUTH DAKOTA, AGAINST AT&T COMMUNICATIONS OF THE MIDWEST, INC. REGARDING ACCESS TO BLOCKED LINES. (Staff Attorney: Camron Hoseck. Consumer Representative: Leni Healy.)

Vince Wienk explained his complaint against AT&T dealing with access to blocked lines. Jerry Campbell, AT&T, addressed the complaint. Mr. Hoseck recommended finding probable cause.

Commissioner Schoenfelder moved to find probable cause. Chairman Burg seconded and Commissioner Nelson 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 asked the Commission to grant the petition to extend the suspension of the tariff. MidAmerican did not object.

Chairman Burg moved to grant the petition to extend suspension of imposition of tariff. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

Telecommunications

1. TC98-147 IN THE MATTER OF THE APPLICATION OF FIBERCOMM, L.C. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES, INCLUDING LOCAL EXCHANGE SERVICE, IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

Mr. Hoseck explained the application and recommended approval.

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

2. TC98-186 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF INTERCONNECTION AGREEMENT BETWEEN U S WEST COMMUNICATIONS, INC. AND FIBERCOMM, L.C. (Staff Attorney: Camron Hoseck.)

Mr. Hoseck explained the application and recommended approval.

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

3. TC98-207 IN THE MATTER OF THE APPLICATION OF TELIGENT, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Mr. Best explained the application and recommended approval.

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

4. TC98-214 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATION, INC. FOR APPROVAL OF REVISIONS TO ITS EXCHANGE AND NETWORK SERVICES TARIFF. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Colleen Sevold, U S WEST Communications, explained the filing. Ms. Cremer recommended approval. Ms. Wiest recommended that the matter be taken under advisement. Action was deferred.

5. TC99-018 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF NEGOTIATED/ARBITRATED TERMS OF AGREEMENT FOR INTERCONNECTION, RESALE AND UNBUNDLED ELEMENTS BETWEEN NORTHERN VALLEY COMMUNICATIONS AND U S WEST COMMUNICATIONS, INC. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

Doug Eidahl, Northern Valley Communications, spoke in support of the filing. Mr. Hoseck recommended approval.

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

Warehouse

1. GD99-001 IN THE MATTER OF THE RECEIVERSHIP OF GRAIN DEALER BONDS OF BRITTON DURUM CORPORATION. (Staff: Jeff Lorensen. Staff Attorney: Camron Hoseck.)

Mr. Hoseck explained that Staff has filed a motion for a second hearing.

Commissioner Schoenfelder moved to hold a second hearing in Pierre, SD. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

Addendum

Gas and Electric

1. GE99-001 IN THE MATTER OF THE APPLICATION OF MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF REVISIONS TO SAMPLE FORMS TARIFFS. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Karen Huisenga, MidAmerican Energy, explained the changes in the sample forms. Ms. Cremer recommended approval of the application. Action was deferred.

Telecommunications

2. TC98-151 IN THE MATTER OF THE FILING BY AT&T COMMUNICATIONS OF THE MIDWEST, INC. FOR APPROVAL OF AT&T DIGITAL LINK SERVICE. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Michele Singer, AT&T, explained the filing. Ms. Wiest advised AT&T that Commission approval was not required for this filing and recommended the company request the withdrawal of the filing. The request was made.

Chairman Burg moved to allow the company to withdraw the filing and to close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

The meeting was adjourned.

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Shirleen Fugitt
Administrative Secretary