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South Dakota Public Utilities Commission Meeting
Thursday, November 30, 2000; 2:00 P.M.
State Capitol Building, Room 464
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; Staff Attorneys Karen Cremer and Kelly Frazier; Utility Analysts Charlene Lund, Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Leni Healy, and Michele Farris; Transportation/Warehouse Director Bob Knadle; and Administrative Secretary Mary Giddings.
Also present were Bob Miller, South Dakota Electric Utilities Companies; Jim Pahl and Allen G. Nelson, West River Electric Association, Inc.; Vic Simmons, Rushmore Electric Power Coop; Michael Bowers, Rushmore Engineering; Ed Anderson, SDREA; Rich Coit, SDITC; Brian Meyer and Darla Pollman Rogers, Sully Buttes Telephone Cooperative, Inc.; and Lori Grode, court reporter.
Joining the meeting by telephone were Herbert Reprecht and Tom Welk, Qwest Corporation; Darrell Bolen, Don Lee and Marlene Bennett, Martin & Associates - Baltic SD Network; Mary Lohnes, Midcontinent Communications; Cindy Grosvenor & Tom Stogdill, Telec Consulting; John Miller, Sioux Valley-Southwestern Electric Cooperative; Neil Cowan, AT&T; Fred Campbell, Ben Dicken and Sue Weiske, Ionex; Jim Wilcox, Xcel Energy; and Brad Whitsell, South Dakota Network, Inc.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On November 2, 2000. (Staff: Mary Giddings.) Click to See Original Minutes.
Ms. Giddings stated that a correction was made in the minutes for CT00-060. The original minutes read "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." The corrected minutes read "Tom Harmon, representing Sprint, argued that Brian Jones, representing I-Link, should not be allowed to represent a party because he is not authorized to practice law in South Dakota."
Commissioner Schoenfelder moved to approve the corrected minutes of the November 2, 2000, Commission meeting. Commissioner Nelson 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. (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 CE00-002, CT00-085.
Mr. Frazier and Ms. Cremer noted that the matters had been settled and recommended dismissing the complaints and closing the dockets.
Chairman Burg moved to dismiss the complaints and close the dockets in CE00-002 and CT00- 085. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Electric
Jim Pahl, representing West River Electric Association, Inc. (WREA), presented a slide presentation explaining the proposed construction of a 115 kilovolt transmission line north of Rapid City, South Dakota. Michael Bowers, Rushmore Engineering, Allen Nelson, WREA legal council, and Vic Simmons, Rushmore Electric Power Co-op, further explained the proposal. Ms. Farris stated that the transmission line would be two feet outside of the public highway right of way. Ms. Cremer noted that more than one mile of the transmission line does not follow section lines, property lines, roads, highways or railroads. Commissioner Schoenfelder inquired about the environmental study for the project.
Chairman Burg moved to not take jurisdiction. Motion died for lack of a second.
Commissioner Nelson moved to find that the Commission has siting jurisdiction. Commissioner Schoenfelder seconded. Chairman Burg dissented. Motion passed 2-1.
John Miller, Sioux Falls-Southwestern Electric Cooperative, explained the exception request. Mr. Senger recommended that the proposed territory exception be approved.
Chairman Burg moved to approve the territory exception. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Telecommunications
Ms. Cremer recommended closing the docket noting that Caribbean Telephone and Telegraph d/b/a The Long Distance Company, has filed for bankruptcy, does not owe gross receipts tax and is no longer operating. Commissioner Schoenfelder asked if the COA needed to be revoked. Mr. Best explained that the COA is discontinued when a company is no longer in business.
Commissioner Nelson moved to close the docket in TC96-149. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer recommended closing the docket since Total National Communications
had filed bankruptcy and there is no hope of recovering the gross receipts tax from them.
Chairman Burg moved to close the docket in TC97-211. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Tom Welk, representing Qwest Corporation (formerly U S WEST Communications, Inc.), explained the proposed tariff revisions.
Chairman Burg moved to approve the proposed tariff revisions with the date of the order as the effective date. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Forney recommended that the certificate of authority be granted with restrictions from offering prepaid calling cards, accepting customer deposits or advance payments.
Commissioner Nelson moved to grant a certificate of authority to Natel, LLC with restrictions as noted above. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Don Lee, representing Baltic Telecom Cooperative, explained the cost study. Mr. Best recommended that the revenue requirement be approved. Mr. Rislov requested further documentation. Action was deferred.
Mr. Best recommended the revenue requirement be approved.
Chairman Burg moved to approve the revenue requirement. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Farris recommended that the certificate of authority be granted with a waiver from providing a cash flow statement.
Chairman Burg moved to grant a certificate of authority to Sterling Time Company with the waiver as noted above. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Cindy Grosvenor, Telec Consulting, explained the cost study. Mr. Best recommended that the revenue requirement be approved.
Commissioner Schoenfelder moved to approve the revenue requirement. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Don Lee, South Dakota Network, explained the cost study. Mr. Best recommended that the revenue requirement be approved. Mr. Rislov requested further documentation. Action was deferred.
Ms. Forney explained the application and recommended that it be approved with waivers from ARSD 20:10:32:03(12) (c), 20:10:32:03(13), 20:10:24:02(8), and 20:10:32:03(11); subject to rural safeguards; and with a $25,000 bond requirement.
Chairman Burg moved to grant a certificate of authority to Telergy Network Services, Inc. with waivers, rural safeguards and the bond requirement as noted above. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Forney explained the request to withdraw the application without prejudice and recommended that the docket be closed.
Chairman Burg moved to grant the withdrawal of the application and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Senger explained the certificate of authority application and recommended that it be approved with restrictions from offering prepaid services, accepting customer deposits or advance payments.
Commissioner Nelson moved to grant a certificate of authority to Pac-West Telecomm, Inc. with restrictions as noted above. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Farris explained the application for a certificate of authority and recommended that it be approved with a waiver from filing a cash flow statement, restrictions from offering prepaid calling cards, accepting customer deposits or advance payments and subject to rural safeguards.
Chairman Burg moved to grant a certificate of authority to Premiere Network Services, Inc. with the waiver and restrictions as noted above and subject to rural safeguards. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Forney explained the 360networks (USA) inc. application for a certificate of authority. She recommended that it be approved with a waiver from ARSD 20:10:32:03(11), continuing $25,000 bond, and subject to rural safeguards with an effective date of December 10, 2000.
Chairman Burg moved to grant a certificate of authority to 360networks (USA) inc. with the waiver, bond requirement and rural safeguards as noted above with an effective date of December 10, 2000. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Forney recommended that intervention be granted to Sully Buttes Telephone Cooperative, Inc. Fred Campbell and Sue Weiske, Ionex Communications North, Inc. , spoke in opposition to the intervention request. Darla Pohlman Rogers, representing Sully Buttes Telephone Cooperative, Inc., explained the application. Ms. Wiest recommended that intervention be granted.
Commissioner Schoenfelder moved to grant intervention to Sully Buttes Telephone Cooperative, Inc. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Herbert Reprecht, representing Qwest Corporation, explained the tariff revisions. Mr. Best recommended that the revisions be approved.
Commissioner Nelson moved to approve the proposed tariff revisions for Qwest Corporation. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Senger recommended that USA Digital Communications, Inc. be granted a certificate of authority with restrictions from offering prepaid services, accepting customer deposits or advance payments and with an effective date of January 6, 2001.
Chairman Burg moved to grant a certificate of authority to USA Digital Communications, Inc. with restrictions as noted above and with an effective date of January 6, 2001. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Meeting adjourned.
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Mary R. Giddings, Administrative Secretary
