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South Dakota Public Utilities Commission Meeting
Wednesday, February 2, 2000; 1:30 P.M.
State Capitol Building, Room 468
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, Utility Analysts Harlan Best, Dave Jacobson, Michele Farris, Keith Senger, Heather Forney, Leni Healy, and Charlene Lund, and Administrative Secretary Shirleen Fugitt.
Also present were Colleen Sevold, U S WEST Communications; Jeff Barth, Sioux Falls, SD; Rich Coit, SDITC; and Tom Harmon, Sprint.
Joining the meeting by phone were Rusty Molstad, NWPS; Denny Law, Sioux Valley Telephone; Darren Sears, One Star Long Distance; Suzan Stewart, MidAmerican Energy; Wendy Rosen, Telephone Billing Services; Rebecca DeCook, Paula Heeren, Arlene Starr and Sandy Hofstetter, AT&T; Maria Bertacchi, Qwest Communications; Kurtis Kintzel, Crusade Communications; Regina Harris, OLS; Mary Lohnes, Midco Communications; Alex Duarte, U S WEST; and complainants Hai Nguyen, Shannon Naser; Angela Berget; Cosette Mau; Elizabeth Ewald, Jeanette Moes; and Juel Fee.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On January 18, 2000. (Staff: Shirleen Fugitt.)
Chairman Burg moved to approve the January 18, 2000, minutes. Commissioner Schoenfelder 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.)
Ms. Healy presented an update on consumer inquiries and complaints received since the last Commission meeting.
Mr. Nguyen explained his complaint against Qwest Communications. Maria Bertacchi, Qwest Communications, addressed the complaint. Ms. Forney recommended finding probable cause.
Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Hoseck reported that the complaint has been resolved and recommended dismissing the complaint and closing the docket.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer reported that the complaint has been resolved he complainant is awaiting reimbursement. Action was deferred.
Mr. Hoseck reported that a settlement has been reached and recommended dismissing the complaint and closing the docket.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Hoseck reported that the complaint has been resolved and recommended dismissing the complaint and closing the docket.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Forney reported that a settlement has been reached and recommended dismissing the complaint and closing the docket.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Senger reported that a settlement has been reached and recommended dismissing the complaint and closing the docket.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Jeanette Moes explained her complaint against OLS. Ms. Healy recommended a finding of probable cause.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer recommended a finding of probable cause.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer recommended a finding of probable cause.
Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer recommended a finding of probable cause.
Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Cremer recommended a finding of probable cause.
Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Elizabeth Ewald explained the complaint against OLS. Ms. Cremer recommended a finding of probable cause.
Commissioner Schoenfelder moved to find probable cause. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Cremer recommended a finding of probable cause.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer recommended a finding of probable cause.
Chairman Burg moved to find probable cause. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. motion passed 3-0.
Ms. Cremer recommended a finding of probable cause.
Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Cremer recommended a finding of probable cause. Tom Harmon representing Sprint suggested that the complaint is actually against McLeod rather than Sprint.
Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer recommended a finding of probable cause.
Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Angela Berget explained her complaint against OLS. Ms. Cremer recommended a finding of probable cause.
Chairman Burg moved to find probable cause. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Juel Fee explained his complaint against Preferred Billing. Ms. Cremer recommended a finding of probable cause.
Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer recommended a finding of probable cause.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Senger presented background information and recommended the complaint be dismissed and the docket be closed.
Commissioner Schoenfelder moved to dismiss the complaint and close the docket. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Farris requested deferral. Action was deferred.
Shannon Naser explained his complaint against Sprint Communications and Crusade Communications. Tom Harmon representing Sprint noted that he feels the complaint is with Crusade Communications only. Kurtis Kintzel, Crusade Communications, addressed the complaint. Ms. Forney recommended a finding of probable cause. Ms. Wiest recommended a finding of probable cause against both Sprint Communications and Crusade Communications.
Commissioner Nelson moved to find probable cause against both Sprint and Crusade. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Cosette Mau explained her complaint against Qwest Communications. Maria Bertacchi addressed the complaint on behalf of Qwest.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelsons seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Farris reported that the complainant wishes to dismiss the complaint.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Natural Gas
Suzan Stewart explained the filing. Ms. Farris presented further explanation and recommended approval of the filing.
Commissioner Nelson moved to approve the filing. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications
Mr. Best presented an update and recommended the petition be denied. Alex Duarte, U S WEST, spoke in support of denial.
Commissioner Schoenfelder moved to deny the petition. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Senger explained the application. Discussion followed on the length of time the Commission waited to receive certain information required in order to approve this application. Mr. Senger recommended approval with restrictions on prepaid calling cards, advance payments and deposits.
Chairman Burg moved to approve the application with the restrictions noted above. Commissioner Schoenfelder seconded. Commissioner Nelson dissented. Motion passed 2-1.
Ms. Wiest asked for additional comments from the parties. Alex Duarte, U S WEST, recommended a rulemaking proceeding. Becky DeCook, AT&T, recommended a contested case hearing. Staff recommended a contested case hearing. Ms. Wiest recommended: (1) that the proceeding be limited to nonrural companies since the rural companies in South Dakota are currently exempt from 47 U.S.C. ' 251(c) requirements; (2) that the Commission proceed with a contested case type proceeding as opposed to a rulemaking; and (3) that the Commission use the rates as established in the U S WEST/AT&T interconnection agreement as the bases for the setting of deaveraged rates. Ms. Wiest also recommended a procedural schedule.
Chairman Burg moved to adopt Ms. Wiest's recommendations noted above. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Forney explained the application and recommended approval with restrictions on prepaid calling cards, advance payments and deposits.
Commissioner Nelson moved to approve the application with the restrictions noted above. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Hoseck explained the filing and recommended approval.
Chairman Burg moved to approve the filing. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Rule Making
1. RM99-002 IN THE MATTER OF THE ESTABLISHMENT OF REVISED RULES. (Staff Attorney: Camron Hoseck.)
Mr. Hoseck recommended adoption of the rules as amended.
Chairman Burg moved to approve the rules as amended. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
The meeting was adjourned.
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Shirleen Fugitt
Administrative Secretary
