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South Dakota Public Utilities Commission Meeting
Wednesday, August 9, 2000; 1:30 P.M.
State Capitol Building, Room LCR1
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 Attorney Karen Cremer; Utility Analysts Dave Jacobson, Harlan Best, and Keith Senger; and Administrative Secretaries Mary Giddings and Amy Kayser.
Also present were Colleen Sevold, Qwest; Rich Coit, SDITC; and Jim Robbennolt, Comm South.
Joining the meeting by telephone were Beth Lewis, Wood & Fuller Law Firm; Susan Stuart and Marv Sorenson, MidAmerican Energy Company; Alex Duarte, Qwest; and Amy Weeks and Denise Phillips, USBI.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On July 13 and July 20, 2000. (Staff: Mary Giddings.)
Commissioner Nelson moved to approve the minutes of the Commission meetings held on July 13 and July 20, 2000. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Consumer Issues
1. IN THE MATTER OF DISMISSING COMPLAINTS CT00-002, CT00-050, CT00-052, CT00-062, CT00-064, CT00-065, CT00-067, CT00-079, CT00-080, AND CT00-081.
CT00-002 IN THE MATTER OF THE COMPLAINT FILED BY DAN GRIDER, BALTIC, SOUTH DAKOTA, AGAINST QWEST COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)
CT00-050 IN THE MATTER OF THE COMPLAINT FILED BY GARY R. AND VICTORIA A. WITCHER, WATERTOWN, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. AND AT&T COMMUNICATIONS OF THE MIDWEST, INC. REGARDING FAILURE TO SWITCH SERVICES AND UNAUTHORIZED CHARGES. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)
CT00-052 IN THE MATTER OF THE COMPLAINT FILED BY PHIL EDWARDS, SPEARFISH, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. AND AT&T COMMUNICATIONS OF THE MIDWEST, INC. REGARDING BILLING ISSUES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)
CT00-062 IN THE MATTER OF THE COMPLAINT FILED BY MARGERY JENSEN, YANKTON, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)
CT00-064 IN THE MATTER OF THE COMPLAINT FILED BY STEVE PAULSON, BUSINESS MANAGER, YANKTON JANITORIAL SUPPLY, YANKTON, SOUTH DAKOTA, AGAINST U S REPUBLIC COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF LONG DISTANCE CARRIER. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)
CT00-065 IN THE MATTER OF THE COMPLAINT FILED BY VESTA JENSEN, BROOKINGS, SOUTH DAKOTA, AGAINST GLOBAL CROSSING TELECOMMUNICATIONS, INC., FORMERLY ALLNET COMMUNICATION SERVICES, INC. D/B/A FRONTIER COMMUNICATIONS SERVICES AND TELTRUST COMMUNICATIONS SERVICES, INC. D/B/A TELTRUST AND D/B/A TCS REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)
CT00-067 IN THE MATTER OF THE COMPLAINT FILED BY SHELLY SLAGLE, YANKTON, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE PRACTICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)
CT00-079 IN THE MATTER OF THE COMPLAINT FILED BY FAIRY GARDNER, WITTEN, SOUTH DAKOTA, AGAINST EXCEL TELECOMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES AND BILLING FOR SERVICES. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)
CT00-080 IN THE MATTER OF THE COMPLAINT FILED BY THEODORE KAMSTRA, SIOUX FALLS, SOUTH DAKOTA, AGAINST MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)
CT00-081 IN THE MATTER OF THE COMPLAINT FILED BY PETER AND DOROTHY BEAUDETTE, RAPID CITY, SOUTH DAKOTA, AGAINST AMERIVISION COMMUNICATIONS, INC. REGARDING UNAUTHORIZED BILLING FOR SERVICES AND REFUSAL TO CANCEL ACCOUNT. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)
Ms. Cremer noted that all the complaints had been settled and recommended dismissing the complaints and closing the dockets.
Chairman Burg moved to dismiss the complaints and close the dockets. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
2. CT00-060 IN THE MATTER OF THE COMPLAINT FILED BY DON AND JUDY BLINDAUER, MITCHELL, SOUTH DAKOTA, AGAINST SPRINT COMMUNICATIONS COMPANY L.P. REGARDING UNAUTHORIZED SWITCHING OF LONG DISTANCE PROVIDER. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)
Colleen Sevold, representing US WEST, requested that the motion to add it be denied. Ms. Cremer recommended adding US WEST as a party with a hearing date of September 13, 2000.
Commissioner Schoenfelder moved to add U S WEST as a party and she further moved to reschedule the hearing for September 13, 2000. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Natural Gas
1. NG98-006 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF WAIVER OF REFUND PLAN RELATING TO KANSAS AD VALOREM TAX REFUNDS RECEIVED FROM NORTHERN NATURAL GAS COMPANY. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)
Marv Sorenson, representing MidAmerican, explained its position. Mr. Jacobson recommended approval of the refund deferral.
Chairman Burg moved to approve the refund deferral. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Telecommunications
1. TC00-014 IN THE MATTER OF THE APPLICATION OF COMM SOUTH COMPANIES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)
Discussion was held on the Petition for Declaratory Ruling. Rich Coit, representing SDITC, asked if this was a request for a declaratory ruling and if it is, stated that he would like to look at it.
Commissioner Schoenfelder moved to hold a hearing on the Declaratory Ruling. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
3. TC00-088 IN THE MATTER OF THE FILING FOR APPROVAL OF A FIRST AMENDMENT TO AN AMENDED INTERCONNECTION AGREEMENT BETWEEN U S WEST COMMUNICATIONS, INC. AND DAKOTA TELECOM, INC. (Staff Attorney: Karen Cremer.)
Ms. Cremer recommended that the amendment to the interconnection agreement be approved.
Commissioner Nelson moved to approve the amendment to the interconnection agreement. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
4. TC00-098 IN THE MATTER OF THE FILING FOR APPROVAL OF A RESALE AGREEMENT BETWEEN U S WEST COMMUNICATIONS, INC. AND SERVISENSE.COM, INC. (Staff Attorney: Karen Cremer.)
Action was deferred.
5. TC00-099 IN THE MATTER OF THE FILING FOR APPROVAL OF AN INTERCONNECTION AGREEMENT BETWEEN U S WEST COMMUNICATIONS, INC. AND NEWPATH HOLDINGS, INC. (Staff Attorney: Karen Cremer.)
Ms. Cremer recommended that the interconnection agreement be approved.
Commissioner Nelson moved to approve the interconnection agreement. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
6. TC00-106 IN THE MATTER OF THE ESTABLISHMENT OF A SWITCHED TRANSPORT RATE FOR SOUTH DAKOTA NETWORK, INC. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
Chairman Burg moved to assess a filing fee not to exceed $100,000. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
7. TC00-110 IN THE MATTER OF THE FILING FOR APPROVAL OF A SECOND AMENDMENT TO AN INTERCONNECTION AGREEMENT BETWEEN U S WEST COMMUNICATIONS, INC. AND DAKOTA TELECOM, INC. (Staff Attorney: Karen Cremer.)
Ms. Cremer recommended that the amendment to the interconnection agreement be approved.
Chairman Burg moved to approve the amendment to the interconnection agreement. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
3. CT00-087 IN THE MATTER OF THE COMPLAINT FILED BY JOYCE FERRIS ON BEHALF OF FERRIS CRANE SERVICE AND MIDWEST RECYCLING CENTER, HURON, SOUTH DAKOTA, AGAINST QWEST COMMUNICATIONS, INC., PREFERRED BILLING AND USBI REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)
Ms. Cremer noted that the Complainant was not opposed to USBI 's Motion to Dismiss and recommended granting USBI's Motion to Dismiss.
Commissioner Schoenfelder moved to grant USBI's Motion to Dismiss. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Meeting adjourned.
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Mary R. Giddings, Administrative Assistant
