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South Dakota Public Utilities Commission Meeting
Tuesday, October 19, 1999; 9:00 A.M.
State Capitol Building, Room 412
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Jim Burg called the meeting to order at 9:00 a.m.  Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Deputy Executive  Director Sue Cichos, Commission Advisor Greg Rislov, General Counsel Rolayne Ailts Wiest, Staff Attorneys Karen Cremer and Camron Hoseck, Utility Analysts Harlan Best, Michele Farris, Keith Senger and Heather Forney, Consumer Representative Leni Healy and Administrative Secretary Shirleen Fugitt.

Also present were Bob Miller, South Dakota Electric Utility Companies and Rich Coit, SDITC.

Joining the meeting by phone were Michele Singer, AT&T; Suzan Stewart, MidAmerican Energy; Mary Lohnes and Tom Simmons, Midco Communications; Tom Welk and Colleen Sevold, U S WEST; Darren Moser, Dickey Rural Telephone; Neil Schmid, FirsTel; Kyle White, Black Hills Fibercom; Virginia DeCarlo and Howard Milchman, Creative Opportunity; and complainants Gayle Suing, Debra Lange and Don Jiracek.      

Administration

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

Ms. Fugitt noted that the September 21, 1999, minutes were previously approved and the minutes to be approved today are from the October 7, 1999, meeting. 

Commissioner Nelson moved to approve the minutes of the October 7, 1999, Commission Meeting.  Commissioner Schoenfelder seconded and Chairman Burg concurred.  Motion passed 3-0.

Consumer Issues

1. CT99-042        IN THE MATTER OF THE COMPLAINT FILED BY PAULA MUCHOW, RAPID CITY, SOUTH DAKOTA, AGAINST CREATIVE OPPORTUNITY REGARDING UNAUTHORIZED BILLING FOR SERVICES.  (Consumer Representative:  Leni Healy.  Staff Attorney:  Camron Hoseck.)

Ms. Healy explained the complaint.  Howard Milchman representing Creative Opportunity addressed the complaint.  Ms. Healy recommended finding probable cause.

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

2.   CT99-043        IN THE MATTER OF THE COMPLAINT FILED BY KEVIN AND GAYLE SUING, SIOUX FALLS, SOUTH DAKOTA, AGAINST AT&T COMMUNICATIONS OF THE MIDWEST, INC. REGARDING UNAUTHORIZED BILLING FOR SERVICES.  (Consumer Representative:  Leni Healy.  Staff Attorney:  Karen Cremer.)

Gayle Suing explained her complaint against AT&T.  Ms. Healy addressed the complaint.  Michele Singer, AT&T, presented background information and stated that Ms. Suing did request service from AT&T in October of 1998.

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

3.     CT99-044        IN THE MATTER OF THE COMPLAINT FILED BY WILLIAM P. AND DEBRA L. LANG, RAPID CITY, SOUTH DAKOTA, AGAINST AMERICA'S TELE-NETWORK CORP. REGARDING UNAUTHORIZED SWITCHING OF  SERVICES.  (Consumer Representative:  Leni Healy.  Staff Attorney:  Camron Hoseck.)

Debra Lange explained her complaint against America's Tele-Network Corp.  Ms. Healy reported that the company will issue an adjustment to Ms. Lange but recommended finding probable cause. 

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

4.      CT99-045        IN THE MATTER OF THE COMPLAINT FILED BY GSA, INC., RAPID CITY, SOUTH DAKOTA, AGAINST QWEST COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES.  (Consumer Representative:  Leni Healy.  Staff Attorney:  Karen Cremer.)

Don Jiracek representing GSA explained the complaint against QWEST Communications. 

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

Gas/Electric

1.          GE99-001       IN THE MATTER OF THE APPLICATION OF MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF REVISIONS TO SAMPLE FORMS TARIFFS.  (Staff Analyst: Michele Farris.  Staff Attorney:  Karen Cremer.)

Suzan Stewart, MidAmerican Energy, explained the tariff  revisions.  Ms. Farris presented further explanation and recommended approval.

Commissioner Schoenfelder moved to approve the sample forms with a November 12, 1999, implementation date.  Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.

Telecommunications

1.         TC99-041        IN THE MATTER OF THE FILING BY DICKEY RURAL TELEPHONE COOPERATIVE AND ITS WHOLLY OWNED SUBSIDIARY, DICKEY RURAL COMMUNICATIONS, INC. FOR APPROVAL OF PETITION FOR SUSPENSION AND MODIFICATION OF DIALING PARITY.  (Staff Analyst:  Harlan Best.  Staff Attorney:  Karen Cremer.)

Darren Moser, Dickey Rural Telephone Cooperative, explained the filing and requested the Commission mirror the process taking place in North Dakota.  Commission Staff stated their concerns with the customer letter.   Ms. Wiest recommended that the Commission order the company to follow the Commission's prior orders regarding the customer letter.   

Commissioner Schoenfelder moved to order Dickey Rural Telephone Cooperative to follow the Commission's prior orders regarding the customer letter.   Commissioner Nelson seconded and Chairman Burg concurred.  Motion passed 3-0.
                       

2.    TC99-056        IN THE MATTER OF  THE APPLICATION OF BLACK HILLS FIBERCOM, L.L.C. FOR APPROVAL TO OFFER A DIFFERENT LOCAL CALLING AREA. (Staff Analyst: Keith Senger. Staff  Attorney:  Karen Cremer.)

Kyle White, Black Hills Fibercom, explained the request to offer a different local calling area.  Tom Welk noted that U S WEST does not oppose the application. 

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

The meeting was adjourned.

 

________________________________
Shirleen Fugitt
Administrative Secretary