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South Dakota Public Utilities Commission Meeting
Thursday, April 13, 2000; 10:00 A.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, Utility Analysts Harlan Best, Dave Jacobson, Michele Farris, Keith Senger and Heather Forney, Staff Attorneys Karen Cremer and Camron Hoseck, Consumer Affairs Director Leni Healy, Consumer Representative Mary Healy and Administrative Secretary Shirleen Fugitt.

Also present were Rich Coit, SDITC; Bob Miller, South Dakota Electric Utility Companies; Russell Molstad and Jeff Decker, Northwestern Public Service.

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On March 28, 2000. (Staff: Shirleen Fugitt.)

Commissioner Nelson moved to approve the minutes of the March 28, 2000, Commission meeting. 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.

2. 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. (Staff Analyst: Leni Healy. Staff Attorney: Camron Hoseck.)

Mr. Hoseck reported that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

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

Ms. Cremer reported that a settlement has been reached and recommended dismissing the complaint and closing the docket.

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

4. CT99-073 IN THE MATTER OF THE COMPLAINT FILED BY HARLAN L. HAMMER, SISSETON, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer reported that the matter has been settled 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.

5. CT99-086 IN THE MATTER OF THE COMPLAINT FILED BY CAROL BULLENE, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer 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.

6. CT99-088 IN THE MATTER OF THE COMPLAINT FILED BY TIM SACHTJEN, PIERRE, SOUTH DAKOTA, AGAINST QWEST COMMUNICATIONS, INC. REGARDING BILLING ISSUES. (Staff Analyst: Leni Healy. Staff Attorney: Camron Hoseck.)

Mr. Hoseck reported that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

7. CT00-018 IN THE MATTER OF THE COMPLAINT FILED BY MARGARET E. HOWELL, ABERDEEN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer reported that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

8. CT00-042 IN THE MATTER OF THE COMPLAINT FILED BY ALFRED MIGGE, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer 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.

9. CT00-047 IN THE MATTER OF THE COMPLAINT FILED BY ROLLA AND BETTY STOLTENBURG, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)


Ms. Cremer 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.

Natural Gas

1. NG99-002 IN THE MATTER OF THE APPLICATION OF NORTHWESTERN PUBLIC SERVICE FOR AUTHORITY TO INCREASE RATES FOR NATURAL GAS SERVICE. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Chairman Burg made the following motions and comments: I move that the Commission find that the $588,000 for capacity costs from Northern Natural which Northwestern Public Service has placed in its fuel clause is not a recoverable cost under the fuel clause. I move that Northwestern Public Service be required to remove the $588,000 from the fuel clause. The allowed pipeline cost of service shall be the following costs listed on Exhibit 3 which are the pre-tax return, property taxes, and administrative costs of the Aberdeen pipeline. I further moved that Staff's request for an NPS refund with interest must be denied as not allowed under SDCL 49-34A-25. Commissioner Nelson seconded. Commissioner Schoenfelder dissented. Motion passed 2-1.

Telecommunications

1. TC96-032 IN THE MATTER OF THE INVESTIGATION OF SWITCHED ACCESS RULES. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended closing the docket.

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

2. TC00-006 IN THE MATTER OF THE APPLICATION OF NEWPATH HOLDINGS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES, INCLUDING LOCAL EXCHANGE SERVICES, IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Camron Hoseck.)

Mr. Senger explained the application and recommended approval with waivers of ARSD 20:10:32:03 (8) and (15) and 20:10:24:02 (11), bond requirements and rural safeguards.

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

3. TC00-057 IN THE MATTER OF THE APPLICATION OF VOLUNTEER & INFORMATION CENTER FOR THE ASSIGNMENT OF THE N11 DIALING CODE OF 211 TO PROVIDE FREE INFORMATION AND REFERRALS TO COMMUNITY SERVICE ORGANIZATIONS. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

Speaking in support of intervention were Rich Coit representing SDITC, Roger Sprecht representing Gemini Companies and Colleen Sevold representing U S WEST. Carol Muller, Volunteer and Information Center, noted no objection to the interventions.

Commissioner Nelson moved to grant intervention to SDITC, Gemini Companies and U S WEST. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

The meeting was adjourned.

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Shirleen Fugitt
Administrative Secretary