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South Dakota Public Utilities Commission Meeting
Tuesday, February 6, 2001; 2:30 P.M.
State Capitol Building, Room 468
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, Harlan Best, Keith Senger, Leni Healy, Martin Bettmann and Michele Farris; Transportation/Warehouse Director Bob Knadle; Assistant Executive Director Sue Cichos; and Administrative Secretary Mary Giddings.
Also present were Dave Gerdes, WorldCom; Jason Harris, Ionex; John Brown, City of Pierre; Darla Pohlman Rogers, Citizens of Minnesota & Nebraska; Greg Dean, SDITC; Bob Miller, SD Electric Utility Companies; Nettie Myers, Utility Shareholders of South Dakota; and Warren Lotsberg, NorthWestern Public Service.
Joining the meeting by phone were Steve Weigler and Sandy Hofstetter, AT&T; Barb Berkenpas and Robert Griffith, McLeod USA; Colleen Sevold, Qwest; Marv Sorenson, Tom Gesell, and Christie Atchison, MidAmerican; Susan Anderson Bachman, NWPS; and complainants Jack Thompson and Jennifer Fyten, Flandreau Santee Sioux Tribe.
Leadership
1. Election Of A Chairperson and Vice-Chairperson Of The Commission. (General Counsel: Rolayne Wiest.)
Commissioner Nelson nominated Commissioner Jim Burg for Chairperson of the Commission. Commissioner Burg seconded. Commissioner Schoenfelder abstained. Motion passed 2-0 with one abstention.
Commissioner Burg nominated Commissioner Pam Nelson for Vice-Chairperson of the Commission. Commissioner Nelson seconded. Commissioner Schoenfelder abstained. Motion passed 2-0 with one abstention.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On January 17, 2001. (Staff: Mary Giddings.)
Chairman Burg moved to approve the minutes of the January 17, 2001, Commission meeting. Commissioner Nelson seconded and Commissioner Schoenfelder 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 CT00-107, CT00-116, CT01-002.
Commissioner Nelson moved to dismiss the complaints and close the dockets in CT00-107, CT00- 116 and CT01-002. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
3. CT00-108 IN THE MATTER OF THE COMPLAINT FILED BY VERN L. DOUVILLE, CHAMBERLAIN, SOUTH DAKOTA, AGAINST AMERICA'S TELE-NETWORK CORP. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Charlene Lund. Staff Attorney: Kelly Frazier.)
Mr. Frazier recommended that ILD be dismissed as a party because ILD is the bill aggregator only.
Chairman Burg moved to grant ILD Telecommunications' motion to be dismissed. Commissioner Schoenfelder seconded. Commissioner Nelson dissented. Motion passed 2-1.
Mr. Frazier explained the letter that the Commission received from Terry Hoffmann, Director of Tribal Probation, Flandreau Santee Sioux Tribe (FSST), requesting that the complaint be amended by substituting Flandreau Santee Sioux Tribe Probation Office for his name and that he be allowed to appear on behalf of the Flandreau Santee Sioux Tribe in this matter. Jack Thompson, FSST Social Services director, and Jennifer Fyten, FSST tribal counsel, confirmed that this is FSST's request. Dave Gerdes, representing MCI World Comm, and Jason Harris, Ionex, both stated that there were no objections to the name change. Ms. Wiest noted that allowing Terry Hoffmann to appear on behalf of FSST was a moot question since FSST was represented at this meeting by Jennifer Fyten, tribal counsel.
Chairman Burg moved that Terry Hoffmann's name be substituted with the Flandreau Santee Sioux Tribe Probation Office. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
5. IN THE MATTER OF CONSIDERING DOCKETS CT00-113, CT00-114, AND CT00-115.
Mr. Frazier explained that the Commission had received a letter on January 25, 2001, from Jack Thompson, Program Director/Social Services, FSST, requesting that dockets CT00-113, CT00- 114 and CT00-115 be consolidated into CT00-114 and that dockets CT00-113 and CT00-115 be dismissed. Dave Gerdes, representing MCI WorldCom and TELECOM*USA, stated that he had only seen the above mentioned letter a few minutes earlier but had no objections. Jason Harris, Ionex, stated that Ionex had not received the above-mentioned FSST letter but had no objections. Ms. Wiest noted that allowing Jack Thompson to appear on behalf of FSST was a moot question since FSST was represented at this meeting by Jennifer Fyten, tribal counsel.
Chairman Burg moved to substitute Flandreau Santee Sioux Tribe, Social Service Program, for the Complainant. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Chairman Burg moved to join all parties into Docket CT00-114 and dismiss and close Dockets CT00-113 and CT00-115. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Electric
John Brown, representing the city of Pierre, explained that more time was needed to complete the application and he requested a waiver of the 180-day rule. Chairman Burg recommended that an extension of time be granted instead of waiving the 180-day rule. Ms. Farris and Ms. Cremer stated that time will be needed to review the stipulation once it has been submitted.
Chairman Burg moved to grant a waiver of the 180-day rule. Commissioner Schoenfelder seconded with the substitution of "an extension of time" for "the waiver of the 180-day rule." Chairman Burg accepted the substitution. Commissioner Nelson concurred. Motion passed 3-0.
Natural Gas
Ms. Wiest recommended that action be deferred because more documentation is required. Susan Bachman, representing NorthWestern Public Service, a division of NorthWestern Corporation, stated that the document will be submitted. Action was deferred.
Marv Sorenson, representing MidAmerican Energy Company (MidAmerican), explained the revisions requesting an effective date of February 7, 2001. Ms. Farris recommended that the proposed tariff revisions be approved. Tom Gesell, MidAmerican, responded to questions from Mr. Rislov.
Commissioner Nelson moved to approve the proposed tariff revisions with an effective date of February 7, 2001. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Telecommunications
Ms. Cremer recommended that the request to withdraw the resale agreement between US WEST and NOW Communications, Inc. be granted.
Commissioner Nelson moved to grant the withdrawal of the resale agreement between US WEST and NOW Communications, Inc. and she further moved to close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Darla Pohlman Rogers, representing Citizens Telecommunications Company of Minnesota, Inc., explained that the motion to amend the certificate of authority was a request to withdraw the Ortonville-Big Stone exchange from its original application. Ms. Rogers further explained the certificate of authority application to provide local exchange services in Jasper, MN. Ms. Farris recommended that the Jasper certificate of authority request be granted.
Chairman Burg moved to withdraw the certificate of authority application for the Ortonville-Big Stone exchange. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Chairman Burg moved to grant a certificate of authority to the Jasper exchange subject to a continuous $25,000 surety bond. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Darla Pohlman Rogers, representing Citizens Telecommunications Company of Nebraska, Inc., requested postponement until February 21, 2001, to finish paperwork. Ms. Farris recommended that action be deferred. Action was deferred.
Administration
At this time Commissioner Schoenfelder excused herself from the Commission meeting.
Mr. Senger, on behalf of Ms. Forney, recommended that the Tel West Communications, LLC application for a certificate of authority be denied because it has not demonstrated sufficient technical, financial and managerial capabilities to offer telecommunications services in South
Dakota in accordance with SDCL 49-31-69.
Commissioner Nelson moved to deny the certificate of authority application for Tel West Communications, LLC. Chairman Burg seconded. Motion passed 2-0.
Mr. Senger, on behalf of Ms. Forney, recommended that the RCN Telecom Services, Inc. application for a certificate of authority be approved with waivers of ARSD 20:10:24:02(3)(c) and ARSD 20:10:24:02(8) and with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits.
Commissioner Nelson moved to grant a certificate of authority to RCN Telecom Services, Inc. with the waivers and restrictions as noted above. Chairman Burg seconded. Motion passed 2-0.
Mr. Frazier recommended that the NewSouth Communications Corp. application for a certificate of authority be granted with restrictions from offering prepaid calling cards, collecting deposits or advance payments; with a waiver of ARSD 20:10:24:02(8) and a limited waiver of 20:10:24:05(6) with the condition that only 900 and 976 type pay-per-call calls from pay phones be blocked.
Chairman Burg moved to grant a certificate of authority to NewSouth Communications Corp. with the waivers and restrictions as noted above. Commissioner Nelson seconded. Motion passed 2-0.
Colleen Sevold, representing Qwest Corporation, explained the rational for the territory being moved from the Qwest Pierre-Fort Pierre exchange into the Golden West exchange territory with Golden West serving the customers in that area. An amended certificate of authority is required by SDCL 49-31-69 whenever a telecommunications company seeks to amend or alter its authorized local exchange service territory and Ms. Farris recommended that the certificates of authority be approved with a waiver of ARSD 20:10:32:03(1-7)(9-21)(23).
Chairman Burg moved to grant the amended certificates of authority and to approve the revisions to the Locality Special Rate Area Map with the waiver as noted above. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Senger recommended that the NOW Communications' request to withdraw be approved.
Commissioner Nelson moved to grant NOW Communications' request to withdraw the certificate of authority application and she further moved to close the docket. Chairman Burg seconded. Motion passed 2-0.
Barb Berkenpas, representing McLeodUSA Telecom Development, Inc., explained the proposed extended area service agreement. Ms. Farris recommended that the agreement be approved.
Commissioner Nelson moved to approve the proposed extended area service agreement. Chairman Burg seconded. Motion passed 2-0.
Meeting adjourned.
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Mary R. Giddings
Administrative Secretary
