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South Dakota Public Utilities Commission Meeting
Tuesday, March 14, 2000; 10:00 A.M.
State Capitol Building, Room 468
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Jim Burg called the meeting to order at 10:00 a.m. Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Commission Counsel Rolayne Ailts Wiest, Deputy Executive Director Sue Cichos, Staff Attorneys Karen Cremer and Camron Hoseck, Utility Analysts Harlan Best, Dave Jacobson, Michele Farris, Keith Senger, and Heather Forney, Engineer Martin Bettmann, Consumer Affairs Director Leni Healy and Administrative Secretary Shirleen Fugitt.
Also present were Neil Fulton, MCI WorldCom; Colleen Sevold, U S WEST; Richard A. Coit, SDITC; Bob Miller, South Dakota Electric Utility Companies; and, Lori Grode, Pierre Court Reporting.
Joining the meeting by phone were Dave Prazak and Todd Guerrero, Otter Tail Power; Neil Schmid and Sue Weiske, FirsTel; Barb Berkenpas, McLeod USA; Jim Wilcox, Northern States Power; Ed Peters, Tom Welk and Alex Duarte, U S WEST Communications; Andrew Jones, Sprint; Rogena Harris, OLS; and complainants Richard Lauer, Sheryl Klein, Marvie Tschetter, and Byron Nogelmeier.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On February 11 and 29, 2000. (Staff: Shirleen Fugitt.)
Commissioner Nelson moved to approve the minutes of February 11 and 29, 2000. 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. (Staff Analyst: Leni Healy.)
Ms. Healy presented an update on consumer inquiries and complaints received since the last Commission meeting.
Ms. Cremer reported that the matter has been settled and recommended the complaint be dismissed.
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 matter has been settled and recommended the complaint be dismissed.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer recommended the complaint be dismissed.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Cremer recommended the complaint be dismissed with prejudice.
Commissioner Schoenfelder moved to dismiss the complaint with prejudice and close the docket. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Forney recommended the complaint be dismissed with prejudice and the docket be closed.
Commissioner Nelson moved to dismiss the complaint with prejudice and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer recommended the complaint be dismissed and the docket closed.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Nogelmeier explained his complaint against Excel Telecommunications Ms. Farris recommended a finding of probable cause.
Chairman Burg moved to find probable cause. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Hoseck explained the complaint and recommended a finding of probable cause.
Commissioner Schoenfelder moved to find probable cause. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Richard Lauer explained his complaint against McLeodUSA. Barb Berkenpas addressed the complaint on behalf of McLeodUSA. Ms. Forney recommended a finding of probable cause.
Commissioner Nelson moved to find probable cause. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Cremer recommended a finding of probable cause. Rogena Harris, on behalf of OLS, had no objection.
Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
13. CT00-043 IN THE MATTER OF THE COMPLAINT FILED BY MARVIE TSCHETTER, HURON, SOUTH DAKOTA, AGAINST FIRSTEL, INC. REGARDING BILLING DISPUTE AND THE DELAYED RELEASE OF SERVICE. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)
Marvie Tschetter explained her complaint against FirsTel. Sue Weiske addressed the complaint on behalf of FirsTel. Ms. Forney recommended a finding of probable cause.
Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Jim Wilcox, Northern States Power, requested approval of the filing. Ms. Farris recommended approval of the proposed amendment.
Commissioner Schoenfelder moved to approve the proposed amendment. Chairman Burg concurred and Commissioner Nelson concurred. Motion passed 3-0.
Dave Prazak, Otter Tail Power, explained the filing. Mr. Senger presented further explanation and recommended approval with an April 1, 2000, effective date. Commissioner Schoenfelder recommended that the cost study be held in abeyance until the company files its next rate case.
Chairman Burg moved to approve the filing with an April 1, 2000, effective date. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Natural Gas
Ms. Cremer recommended granting intervention to Montana-Dakota Utilities.
Chairman Burg moved to grant intervention to MDU. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Telecommunications
Ms. Forney explained the application and recommended approval with bond requirements.
Commissioner Nelson moved to grant a Certificate of Authority with bond requirements. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Forney explained the application and recommended approval with bond requirements and the waiver of ARSD 20:10:24:02(8).
Chairman Burg moved to approve the application with bond requirements and the waiver of ARSD 20:10:24:02(8). Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Forney explained the application and recommended approval with restrictions on advance payments, deposits and prepaid calling cards.
Commissioner Nelson moved to approve the application with restrictions on advance payments, deposits and prepaid calling cards. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Colleen Sevold, U S WEST, explained the filing. Ms. Forney recommended approval of the tariff changes.
Chairman Burg moved to approve the tariff changes. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Rich Coit reported that SDITC wishes to withdraw its petition to intervene.
Sheryl Klein presented an update on her telephone service and noted that her voice grade service has been satisfactory hat she is having difficulty with Internet service. Following discussion, action was deferred.
The meeting was adjourned.
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Shirleen Fugitt
Administrative Secretary
