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South Dakota Public Utilities Commission Meeting
Tuesday, May 8, 2001; 1:30 P.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; Assistant Executive Director Sue Cichos; Commission Advisor Greg Rislov; Commission Counsel Rolayne Wiest; Staff Attorneys Karen Cremer and Kelly Frazier; Utility Analysts Charlene Lund, Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Leni Healy, Mary Healy, and Michele Farris; Transportation/Warehouse Director Bob Knadle; Administrative Assistant Marlette Fischbach; Inspector Lisa Hull; and Administrative Secretary Mary Giddings.
Also present were Jeff Decker, Susan Anderson Bachman and Warren Lotsberg, Northwestern Public Service; Richard D. Coit, SDITC; Dave Gerdes, Working Assets Funding Service, Inc.; and Darla Pollman Rogers and Bryan Roth, McCook Cooperative Telephone Company.
Joining the meeting by telephone were Colleen Sevold and Tom Welk, Qwest Corporation; Mary Lohnes and Tom Simmons, Midcontinent Communications; Deb Martin and Suzan Stewart, MidAmerican Energy Company; Darlene Mandelke, Otter Tail Corporation; Barbara Berkenpas, McLeodUSA; Steve Weigler, AT&T; and Walter McGee, Working Assets Funding Service, Inc.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On April 17, 2001. (Staff: Mary Giddings.)
Chairman Burg moved to approve the minutes of the Commission meeting held on April 17, 2001. Commissioner Nelson seconded. Motion passed 2-0.
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)
Ms. Leni Healy presented an update on inquiries and complaints received since the April 17, 2001, Commission meeting. Chairman Burg inquired about the number of disconnections compared to other years. Data from some of the providers has been received but a comparison has not yet been done.
Barbara Berkenpas, McLeodUSA, explained why Qwest Corporation should be added as a party. Tom Welk, Qwest Corporation, had no objections.
Chairman Burg moved to add Qwest Corporation as a party. Commissioner Nelson seconded. Motion passed 2-0.
Ms. Cremer recommended that the complaint be dismissed and the docket closed.
Commissioner Nelson moved to dismiss the complaint and close the docket. Chairman Burg seconded. Motion passed 2-0.
Electric
Darlene Mandelke, Otter Tail Power Company, explained the contract and answered Commission questions. Mr. Senger recommended that the contract be approved. Commissioner Nelson expressed concern that the contract had not been filed in a timely manner.
Commissioner Nelson moved to approve the contract with deviations. Chairman Burg seconded. Motion passed 2-0.
Natural Gas
Chairman Burg moved that the Commission find that the Nekota Resources, Inc. pipeline is not an intrastate natural gas pipeline as defined in SDCL 49-34A-1 (9A) because it has only one customer and that customer is an affiliated company. He further moved that Nekota Resources, Inc. shall be required to inform the Commission if the way it currently operates its pipeline changes. Commissioner Nelson seconded. Motion passed 2-0.
Gas/Electric
Suzan Stewart, MidAmerican Energy Company, explained the informational booklet. Ms. Forney recommended that the informational booklet be approved.
Chairman Burg moved to approve the informational booklet. Commissioner Nelson seconded. Motion passed 2-0.
Telecommunications
Tom Welk, representing Qwest Corporation, explained the filing and suggested a two- week hearing period in October or November. Steve Weigler, AT&T, stated that a procedural schedule should not be set and Tom Simmons, Midcontinent Communications, agreed. Ms. Wiest recommended that the matter be taken under advisement. No action taken.
Mr. Frazier recommended that the interconnection agreement be approved.
Chairman Burg moved to approve the interconnection agreement. Commissioner Nelson seconded. Motion passed 2-0.
Barbara Berkenpas, McLeodUSA Telecommunications Services, Inc., explained the tariff. Mr. Best recommended that the tariff be approved effective as of the date of the Commission order and with a waiver from developing company specific cost-based switched access rates for a period of three years.
Chairman Burg moved to approve the intrastate switched access tariff effective as of the date of the Commission order with an exemption from developing company specific cost-based switched access rates for a period of three years. Commissioner Nelson seconded. Motion passed 2-0.
Dave Gerdes, representing Working Assets Funding Service, Inc., explained the certificate of authority application. Mr. Senger noted that payment of the gross receipts tax has been brought up to date and recommended that the certificate of authority be granted.
Chairman Burg moved to grant a certificate of authority to Working Assets Funding Services, Inc. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Frazier recommended that the interconnection agreement be approved.
Chairman Burg moved to approve the interconnection agreement. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Frazier recommended that the amendment to the interconnection agreement be approved.
Commissioner Nelson moved to approve the amendment to the interconnection agreement. Chairman Burg seconded. Motion passed 2-0.
Mr. Frazier recommended that the amendment to the interconnection agreement be approved.
Commissioner Nelson moved to approve the amendment to the interconnection agreement. Chairman Burg seconded. Motion passed 2-0.
Mr. Senger recommended that the Local Telcom Holdings, LLC d/b/a Transpoint Communications application for a certificate of authority be approved with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; with a waiver of ARSD 20:10:24:02; and with an effective date of May 23, 2001.
Commissioner Nelson moved to grant a certificate of authority to Local Telcom Holdings, LLC with the restrictions and waiver as noted above and with an effective date of May 23, 2001. Chairman Burg seconded. Motion passed 2-0.
Darla Pollman Rogers, representing McCook Cooperative Telephone Company (McCook), and Brian Roth, general manager of McCook, explained the request for a waiver of ARSD 20:10:27:07. Mr. Best supported the one-year waiver and recommended that it be approved.
Chairman Burg moved to grant a one-year waiver of the requirement to file a switched access cost study. Commissioner Nelson seconded. Motion passed 2-0.
Colleen Sevold, representing Qwest Corporation, explained the filing. Ms. Forney recommended that the tariff revisions be approved with the date the order is signed as the effective date.
Chairman Burg moved to approve the tariff revisions effective the date the order is signed. Commissioner Nelson seconded. Motion passed 2-0.
Addendum
Consumer Issues
Ms. Lund recommended that the complaint be dismissed and the docket closed.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded. Motion passed 2-0.
Telecommunications
Ms. Forney explained the application and recommended that it be approved with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; with waivers from ARSD 20:10:24:02 (8) and ARSD 20:10:24:05 (4), (6), and (7); and with an effective date of June 22, 2001.
Commissioner Nelson moved to grant a certificate of authority to T-NETIX Telecommunications Services, Inc. with restrictions and waivers as noted above and with an effective date of June 22, 2001. Chairman Burg seconded. Motion passed 2-0.
Warehouse
Mr. Knadle explained the stipulation and recommended that it be approved.
Chairman Burg moved to approve the stipulation. Commissioner Nelson seconded. Motion passed 2-0.
Meeting adjourned.
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Mary R. Giddings, Administrative Secretary
