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South Dakota Public Utilities Commission Meeting
Monday, November 29, 1999; 2:30 P.M.
State Capitol Building, Room 412
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, Commission Advisor Greg Rislov, Commission Counsel Rolayne Ailts Wiest, Deputy Executive Director Sue Cichos, Staff Attorneys Karen Cremer and Camron Hoseck, Staff Analysts Harlan Best, Dave Jacobson, Heather Forney, Keith Senger, and Leni Healy and Administrative Secretary Shirleen Fugitt.

Also present were Rich Coit, SDITC; Dave Gerdes, MCI WorldCom; Chet Brokaw, Associated Press; and Al Lundy, Capital Journal.

Joining the meeting by phone were Neil Schmid, FirsTel; Rita Mulkern, MDU; Kathleen Bealuk and Jill Papenhausen, Furst Group; Alex Duarte and Colleen Sevold, U S WEST; Jerry Campbell, AT&T; and complainants Ardelle Fosheim, Rose Bertsch, Tom Vergeldt, Nancy Van Heerde and Edith Johnson.

Administration

1. Approval Of The Minutes Of The Commission Meetings Held On November 15 and 19, 1999. (Staff: Shirleen Fugitt.)

Commissioner Nelson moved to approve the minutes of the meetings held on November 15 and 19, 1999. Commissioner Schoenfelder seconded and Chairman Burg 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.)

Ms. Healy presented an update on consumer inquiries and complaints since the last Commission meeting.

Natural Gas

1. NG99-009 IN THE MATTER OF THE FILING BY MONTANA-DAKOTA UTILITIES CO. FOR APPROVAL OF A WAIVER FROM SECTION 4(A) OF THE PGA TARIFF RATES 88 AND 89, WHICH SPECIFIES THAT THE SURCHARGE ADJUSTMENT IS EFFECTIVE MAY 1 OF EACH YEAR. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

Rita Mulkern, Montana-Dakota Utilities, explained the filing. Ms. Forney presented further explanation and recommended approval with the waiver of Section 4(a) of MDU's PGA tariff and an effective date of December 1, 1999.

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

Complaint Dockets

1. CT99-023 IN THE MATTER OF THE COMPLAINT FILED BY LOU SCHUELKE ON BEHALF OF LAZY S CAMPGROUND, HILL CITY, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING POOR SERVICE AND REQUEST TO HAVE LINES UPDATED. (Consumer Representative: Leni Healy. Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

Ms. Cremer reported that the complaint has been resolved.

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

2. CT99-054 IN THE MATTER OF THE COMPLAINT FILED BY TOM AND CORLISS VERGELDT, ABERDEEN, SOUTH DAKOTA, AGAINST MCI WORLDCOM REGARDING SWITCHING RATES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Tom Vergeldt explained the complaint against MCI WorldCom. Dave Gerdes, representing MCI, addressed the complaint and noted that a credit has been issued. Ms. Cremer recommended finding probable cause.

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

3. CT99-055 IN THE MATTER OF THE COMPLAINT FILED BY L & M LAND MANAGEMENT, HURON, SOUTH DAKOTA, AGAINST ACCUTEL COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Ardelle Fosheim explained the complaint against Accutel Communications. Mr. Hoseck recommended finding probable cause.

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

4. CT99-056 IN THE MATTER OF THE COMPLAINT FILED BY ROSE BERTSCH, ABERDEEN, SOUTH DAKOTA, AGAINST WILTEL, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Rose Bertsch explained her complaint against WilTel. Dave Gerdes, MCI WorldCom, noted that the complaint is actually with OLS, not Wiltel. Ms. Cremer recommended finding probable cause.

Commissioner Nelson moved to find probable cause. Motion died for lack of a second. Commissioner Schoenfelder requested Staff to work with Mrs. Bertsch to amend her complaint. Action was deferred.

5. CT99-057 IN THE MATTER OF THE COMPLAINT FILED BY WAYNE W. CROCKETT, HARTFORD, SOUTH DAKOTA, AGAINST AT&T COMMUNICATIONS OF THE MIDWEST, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Mr. Hoseck reported that the complaint has been resolved.

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

6. CT99-058 IN THE MATTER OF THE COMPLAINT FILED BY EDITH JOHNSON, BRYANT, SOUTH DAKOTA, AGAINST MCI WORLDCOM FOR UNAUTHORIZED SWITCHING OF TELECOMMUNICATIONS SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Edith Johnson explained the complaint against MCI WorldCom. Dave Gerdes representing the company requested additional time to resolve the complaint. Action was deferred.

7. CT99-059 IN THE MATTER OF THE COMPLAINT FILED BY NANCY VAN HEERDE, SIOUX FALLS, SOUTH DAKOTA, AGAINST THE FURST GROUP REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Nancy Van Heerde explained the complaint against Furst Group. Mr. Hoseck recommended finding no probable cause.

Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded. Commissioner Nelson dissented. Motion passed 2-1.

Telecommunications

1. TC99-100 IN THE MATTER OF THE APPLICATION OF NEW EDGE NETWORK, INC. D/B/A NEW EDGE NETWORKS FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES, INCLUDING LOCAL EXCHANGE SERVICES, IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

Mr. Senger explained the application and recommended approval with rural safeguards, the waiver of ARSD 20:10:32:03(8) and subject to a continuous $25,000 surety bond.

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

2. TC99-103 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF AN INTERCONNECTION AGREEMENT BETWEEN U S WEST COMMUNICATIONS, INC. AND JATO COMMUNICATIONS CORP. (Staff Attorney: Camron Hoseck.)

Mr. Hoseck recommended approval of the filing.

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

The meeting was adjourned.

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Shirleen Fugitt
Administrative Secretary