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South Dakota Public Utilities Commission Meeting
Tuesday, September 21, 1999; 1:30 P.M.
State Capitol Building, Room LCR 1
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Jim Burg called the meeting to order. Present were Commissioner Laska Schoenfelder, Commission Advisor Greg Rislov, General Counsel Rolayne Wiest, Deputy Executive Director Sue Cichos, Staff Attorneys Karen Cremer and Camron Hoseck, Telecommunications Analyst Harlan Best, Utility Analysts Michele Farris, Keith Senger and Heather Forney, Consumer Representative Leni Healy, Engineer Martin Bettmann and Administrative Secretary Shirleen Fugitt. Commissioner Pam Nelson was absent and not voting.

Also present were Lori Grode, Pierre Court Reporting; Bob Riter, Qwest Communications; Rich Coit, SDITC; and, Neil Fulton, MCI Communications.

Joining the meeting by phone were Ed Peters, Tom Welk, Colleen Sevold, Alex Duarte and Susie Sposari, U S WEST Communications; Wendy Bluemling, DSLnet; Neil Schmid and Chet Jones, FirsTel; Mary Lohnes, Midco Communications; Karen Huisenga, MidAmerican Energy; Michele Singer, AT&T; Rusty Molstad, Jeff Decker and Tom Hitchcock, NorthWestern Public Service; and Fred Holpp, complainant from Rapid City.

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On September 8, 1999. (Staff: Shirleen Fugitt.)

Commissioner Schoenfelder moved to approve the minutes of the September 8, 1999, Commission Meeting. Chairman Burg seconded. Motion passed 2-0.

Natural Gas

1. NG99-005 In the Matter of the Filing by NorthWestern Public Service for Approval of Tariff Revisions. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

Tom Hitchcock, NorthWestern Public Service, explained the proposed tariff revisions. Ms. Forney recommended approval.

Commissioner Schoenfelder moved to approve the filing. Chairman Burg seconded. Motion passed 2-0.
Consumer Issues

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.

2. TC98-176 IN THE MATTER OF THE COMPLAINT FILED BY RANDY KIEFFER, STURGIS, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING TELEPHONE SERVICE OUTAGES AND INADEQUATE SERVICE. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

CT99-002 IN THE MATTER OF THE COMPLAINT FILED BY RANDY KIEFFER, STURGIS, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING SERVICE PROBLEMS. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Ms. Healy requested deferral. Action was deferred.

3. CT99-014 In the Matter of the Complaint filed by Steve and Judy Haberling, Sioux Falls, South Dakota, against WorldCom Network Services, Inc. Regarding Unauthorized Switching of Services. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Neil Fulton, MCI, reported that the company has issued a credit to the Haberlings. Action was deferred.

4. CT99-016 In the Matter of the Complaint filed by John and Roberta Lovald, Pierre, South Dakota, against Sprint Communications Company L.P. Regarding Unauthorized Switching of Services. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Healy reported that a settlement has been reached in this matter.

Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded. Motion passed 2-0.

5. CT99-020 IN THE MATTER OF THE COMPLAINT FILED BY FRED HOLPP, RAPID CITY, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING FAILURE TO PROVIDE SERVICE. (Consumer Representative: Leni Healy. Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Fred Holpp explained his complaint against U S WEST for failure to provide service. He noted that he does have service at this time but is requesting compensation for the inconvenience he experienced during the weeks he waited for telephone service. Because Mr. Holff is now requesting compensation, Colleen Sevold, U S WEST, asked the Commission to find probable cause.

Commissioner Schoenfelder moved to find probable cause. Chairman Burg seconded. Motion passed 2-0.

6. CT99-033 In the Matter of the Complaint filed by Susan Trudel, Webster, South Dakota, against MCI WorldCom Regarding Unauthorized Switching of Services. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Neil Fulton, MCI, reported that the company has issued a credit to Susan Trudel. Ms. Cremer requested deferral. Action was deferred.

7. CT99-039 In the Matter of the Complaint filed by Brad Clark Electric, Inc., Fort Pierre, South Dakota, against FirsTel, Inc. Regarding Unauthorized Billing for Services. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Healy reported that a resolution has been reached in this matter.

Commissioner Schoenfelder moved to dismiss the complaint and close the docket. Chairman Burg seconded. Motion passed 2-0.

Dockets

1. TC99-053 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF TARIFF PAGES FOR ITS ACCESS SERVICE TARIFF IMPLEMENTING ITS INTRALATA TOLL DIALING PARITY PLAN. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Alex Duarte explained U S WEST's motion for Continuance. Michele Singer addressed AT&T's Motion for Extension of Time to File Testimony. Ms. Wiest recommended granting AT&T's request and proposed the following procedural schedule: AT&T's testimony due by September 30, 1999; Re al testimony due by October 8, 1999; and a hearing to be held in Pierre November 2 and 3, 1999. There were no objections by the parties.

Commissioner Schoenfelder moved to grant a continuance to U S WEST and an Extension of Time to File Testimony to AT&T. Chairman Burg seconded. Motion passed 2-0.

2. TC99-086 In the Matter of the Filing by U S WEST Communications, Inc. for Approval of Agreement for Local Wireline Network Interconnection and Service Resale between DSLnet Communications, LLC and U S WEST Communications, Inc. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

Mr. Hoseck explained the filing and recommended approval.

Commissioner Schoenfelder moved to approve the Agreement. Chairman Burg seconded. Motion passed 2-0.

Addendum

Telecommunications

1. CT99-018 IN THE MATTER OF THE COMPLAINT FILED BY JOHN AND SHIRLEY HATCH, PIERRE, SOUTH DAKOTA, AGAINST QWEST COMMUNICATIONS, INC. REGARDING UNAUTHORIZED BILLING FOR SERVICES. Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Bob Riter appeared on behalf of Qwest Communications and explained the Motion for Continuance.

Commissioner Schoenfelder moved to continue to October 27, 1999. Chairman Burg seconded. Motion passed 2-0.

Rulemaking

1. In the Matter of the Proposal to Amend Certain Administrative Rules Regarding Telecommunications, Electricity and Natural Gas.

Mr. Hoseck explained the proposal to open rulemaking dockets for purposes of amending certain administrative rules. Action was deferred until such time as specific rulemaking changes have been proposed.

The meeting was adjourned.

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Shirleen Fugitt
Administrative Secretary