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South Dakota Public Utilities Commission Meeting
Thursday, October 7, 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 Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Deputy Director Sue Cichos, General Counsel Rolayne Ailts Wiest, Commission Advisor Greg Rislov, Staff Attorney Karen Cremer, Utility Analysts Harlan Best, Dave Jacobson, Heather Forney, Michele Farris and Keith Senger, and Administrative Secretary Shirleen Fugitt.

Also present were Colleen Sevold, U S WEST; Rich Coit, SDITC; John Lovald, Frontier Communications; Tom Harmon, Sprint Communications; and Chet Brokaw, Associated Press.

Joining the meeting by phone were Neil Schmid, FirsTel; Michael Nighan and Michael Shortley, Budget Call; Don Lee, Doug Eidahl and Don Patten, Northern Valley Communications; Mary Lohnes and Tom Simmons, Midco Communications; Don Martinez, Black Hills Power & Light; Andrew Jones, Sprint Communications; Consumer complainants Eileen Reidy, Jane Ham and Don Cook.

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On September 21, 1999. (Staff: Shirleen Fugitt.)

Commissioner Schoenfelder moved to approve the minutes of the September 21, 1999, Commission meeting. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

Consumer Issues

1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)

No consumer report was given.

4. CT99-041 IN THE MATTER OF THE COMPLAINT FILED BY DONALD COOK, HURON, SOUTH DAKOTA, AGAINST BUDGET CALL LONG DISTANCE, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Don Cook explained his complaint pertaining to unauthorized switching. Michael Shortley, Michael Nighan and John Lovald of Budget Call Long Distance addressed the complaint.

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

2. CT99-032 IN THE MATTER OF THE COMPLAINT FILED BY WILLIAM AND EILEEN REIDY, SIOUX FALLS, SOUTH DAKOTA, AGAINST SPRINT COMMUNICATIONS COMPANY L.P. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

U S WEST was added as a party in this complaint at the August 25, 1999, Commission meeting. Colleen Sevold explained the Motion to Dismiss filed by U S WEST. Andrew Jones noted that Sprint will not oppose U S WEST's Motion to Dismiss. Ms. Wiest recommended granting the Motion to Dismiss.

Chairman Burg moved to grant U S WEST's Motion to Dismiss. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

3. CT99-040 IN THE MATTER OF THE COMPLAINT FILED BY JANE HAM, CUSTER, SOUTH DAKOTA, AGAINST QWEST COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Jane Ham explained her complaint against Qwest Communications for unauthorized switching.

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

Electric

1. EL99-015 IN THE MATTER OF THE FILING BY BLACK HILLS POWER AND LIGHT COMPANY FOR APPROVAL OF SAMPLE FORM TARIFF REVISIONS. (Staff Analyst: Keith Senger. Staff Attorney: Camron Hoseck.)

Don Martinez, Black Hills Power & Light, explained the filing. Mr. Senger explained that the company will include the Commission's Toll-Free telephone number on disconnect notices.

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

Telecommunications

1. TC99-048 IN THE MATTER OF THE APPLICATION OF TELECOMMUNICATIONS RESOURCES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Ms. Farris explained the application and recommended approval subject to receipt of a bond.

Commissioner Schoenfelder moved to approve the application subject to receipt of a bond. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

2. TC99-061 IN THE MATTER OF THE APPLICATION OF INTERNATIONAL EXCHANGE COMMUNICATIONS, INC. D/B/A IE COM FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Ms. Farris explained the application and recommended approval with a waiver of ARSD 20:10:24:02(8).

Chairman Burg moved to approve the application with a waiver of ARSD 20:10:24:02(8). Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

3. TC99-092 IN THE MATTER OF THE FILING BY NORTHERN VALLEY COMMUNICATIONS, LLC FOR APPROVAL OF ITS INTRASTATE SWITCHED ACCESS TARIFF AND FOR AN EXEMPTION FROM DEVELOPING COMPANY SPECIFIC COST-BASED SWITCHED ACCESS RATES. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

Doug Eidahl and Don Lee, Northern Valley Communications, explained the filing. Ms. Forney recommended approval. Discussion followed on the company's request for an exemption from the requirement to develop intrastate switched access rates based on company specific costs.

Chairman Burg moved to approve the tariff, grant an exemption from establishing company specific, cost-based switched access rates, and that Northern Valley be ordered, within three years, to file a petition to continue the exemption granted in this proceeding or file cost-based rates. Commissioner Nelson seconded. Commissioner Schoenfelder abstained. Motion passed 2-0.

Addendum

Natural Gas

1. IN THE MATTER OF THE COMMISSION INVOLVEMENT IN WILLISTON BASIN INTERSTATE PIPELINE'S REQUEST FOR REHEARING BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION REGARDING WILLISTON BASIN'S CURRENT RATE CASE RP95-364. (Staff Analyst: Dave Jacobson. Staff Attorney: Rolayne Wiest.)

Mr. Jacobson recommended the Commission continue with its involvement in Williston Basin Interstate Pipeline Company proceedings before the Federal Energy Regulatory Commission by providing funding for consultants.

Commissioner Schoenfelder moved to approve a $50,000 contract for consulting costs. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

The meeting was adjourned.

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Shirleen Fugitt
Administrative Secretary