Commission Minutes | previous page
Click to see a Correction to 11/02/00 Minutes here
South Dakota Public Utilities Commission Meeting
Thursday, November 2, 2000; 1:30 P.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Burg called the meeting to order. Present were Commissioner Nelson; Commissioner Schoenfelder; Executive Director Bill Bullard; Commission Advisor Greg Rislov, Commission Counsel Rolayne Ailts Wiest; Staff Attorneys Karen Cremer and Kelly Frazier; Utility Analysts Charlene Lund, Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Leni Healy, Martin Bettmann, and Michele Farris; and Administrative Secretary Mary Giddings.
Also present were Tom Harmon, Sprint; Darla Pollman Rogers and Janelle Poindexter, Sully Buttes Telephone Cooperative; Rich Coit, SDITC; Ed Anderson, SDREA; and Lori Grode, court reporter.
Joining the meeting by phone were Brad Schardin, Southeastern Electric Coop; Jim Wilcox, Xcel; Steve Weigler, AT&T; Jeff Davis, MidAmerican; Colleen Sevold and Tom Welk, Qwest Corporation; Brian Jones and Tony Oxborrow, I-Link; Gene Dejordy, Western Wireless; and Joan Clark, complainant.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On October 17, 2000. (Staff: Mary Giddings.)
Chairman Burg moved to approve the minutes of the Commission meeting held on October 17, 2000. 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 inquiries and complaints received since the last Commission meeting.
2. IN THE MATTER OF DISMISSING COMPLAINTS CT00-101 and CT00-102.
Ms. Cremer noted that the matters had been settled and recommended dismissing the complaints and closing the dockets in CT00-101 and CT00-102.
Commissioner Nelson moved to dismiss the complaints and close the dockets in CT00-101 and CT00-102. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Tom Welk, representing Qwest Corporation, noted that Qwest Corporation did not object to being added as a party but asked that the December 13, 2000, hearing be rescheduled.
Chairman Burg moved to amend the complaint and join Qwest Corporation as a party with the December 13, 2000, hearing rescheduled to a later date. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Electric
Chairman Burg noted that he had not been present at the hearing and would not participate in the discussion nor vote. Commissioner Nelson explained that at the close of the hearing, the parties were asked if they had any objection to the admission as an exhibit of the transcript of the original proceeding that established the territorial boundaries. Following the close of the hearing, both Xcel and Southeastern stated they have no objection to the admission of the transcript as an exhibit.
Commissioner Nelson moved to admit the transcript as an exhibit. Commissioner Schoenfelder seconded. Motion passed 2-0. Chairman Burg abstained.
Commissioner Nelson also moved to find that the territorial map of the Commission established that the southern boundary of Xcel's service area is the line equidistant between the northern and southern boundaries of the disputed section. Commissioner Schoenfelder seconded. Motion passed 2-0. Chairman Burg abstained.
Jeff Davis, representing MidAmerican, responded to questions. Ms. Farris explained the proposed tariff revisions and recommended that they be approved.
Chairman Burg moved to approve the proposed tariff revisions. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Telecommunications
Chairman Burg moved that Pay Per Call Restriction and Billed Number Screening are optional services and shall be classified as fully competitive. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Farris recommended that the certificate of authority be granted with waivers of ARSD 20:10:24:02 (8) and ARSD 20:10:24:02 (11), with restrictions from offering prepaid calling cards, from accepting customer deposits or advance payments, subject to rural safeguards and with an effective date of November 25, 2000.
Commissioner Nelson moved to grant a certificate of authority to Telicor, Inc. with waivers and restrictions as noted above and with an effective date of November 25, 2000. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Forney explained the company's request to have its surety bond returned in exchange for agreeing to restrictions from accepting customer deposits and advance payments and from offering prepaid calling cards. Ms. Forney recommended that the amendment be granted. Commissioner Schoenfelder and Commissioner Nelson questioned why the surety bond should be returned. Ms. Cremer noted that the surety bond was no longer required because NCIC was withdrawing debit cards from its service offerings in South Dakota and would not be accepting advance payments.
Chairman Burg moved to amend NCIC's certificate of authority and return its $25,000 surety bond in exchange for the company's agreement to restrictions from accepting customer deposits and advance payments and from offering prepaid calling cards. Commissioner Nelson seconded. Commissioner Schoenfelder dissented. Motion passed 2-1.
Gene Dejordy, representing WWC, explained the agreement. Ms. Cremer recommended that the interconnection agreement not be approved because WWC does not have a certificate of authority. Commissioner Schoenfelder recommended that action be deferred because more facts are needed. Action was deferred.
Addendum
Consumer Issues
Tom Harmon, representing Sprint, stated that Brian Jones, representing I-Link, was not authorized to practice law in South Dakota and therefore should not be allowed to testify. Brian Jones, representing I-Link, recommended that the Commission deny Sprint's motion to strike the answer filed by I-Link.
Commissioner Schoenfelder moved to strike the answer of I-Link Communications, Inc. and to allow two weeks to file another answer. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer noted that the matter had been settled and recommended dismissing the complaint and closing the docket in CT00-072.
Chairman Burg moved to dismiss the complaint and close the docket in CT00-072. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Clark explained her complaint and stated that Qwest and/or AT&T was at fault. Action was deferred.
Telecommunications
Darla Pollman Rogers, representing Sully Buttes Telephone Cooperative, explained the November 30, 2000, closing. Mr. Senger recommended granting the simultaneous relinquishment and transfer but questioned how it would be determined when the actual transfer took place. Janelle Poindexter, representing Sully Buttes Telephone Cooperative, addressed enhanced Lifeline and Link-Up. Ms. Wiest recommended that action be deferred. Action was deferred.
Meeting adjourned.
_______________________________________
Mary R. Giddings
Administrative Secretary
