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South Dakota Public Utilities Commission Meeting
Tuesday, May 22, 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; Executive Director Debra Elofson; Assistant Executive Director Sue Cichos; Commission Advisor Greg Rislov; Commission Counsel Rolayne Wiest; Staff Attorney Karen Cremer; Education and Outreach Director Leni Healy; Utility Analysts Charlene Lund, Harlan Best, Heather Forney, Keith Senger, Mary Healy, and Michele Farris; Summer Legal Intern Sarah Sharp; and Administrative Secretary Mary Giddings.

Also present was Scott Rislov.

Joining the meeting by telephone were Dave Jacobson, SDPUC Utility Analyst; Tamie Aberle and Rita Mulkern, Montana-Dakota Utilities Co.; Susan Anderson Bachman and Dennis Heinz, Northwestern Public Service; and Floyd and Betty Nightingale.

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On May 8, 2001. (Staff: Mary Giddings.)

Chairman Burg moved to approve the minutes of the May 8, 2001, Commission meeting. 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: Mary Healy.)

Ms. Mary Healy presented an update on inquiries and complaints received since the last Commission meeting.

Natural Gas

1. NG01-004 IN THE MATTER OF THE FILING BY FLOYD NIGHTINGALE FOR A MASTER METERING VARIANCE REQUEST FOR FIVE APARTMENT BUILDINGS IN HURON, SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

Chairman Burg explained why the master metering variance was denied

Commissioner Nelson moved to deny the master metering request. Chairman Burg seconded. Motion passed 2-0.

2. NG01-005 IN THE MATTER OF THE FILING BY MONTANA-DAKOTA UTILITIES CO. FOR APPROVAL OF AN AMENDMENT TO A CONTRACT WITH DEVIATIONS WITH MORRIS ASPHALT, INC. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Tamie Aberle, representing Montana-Dakota Utilities Co., explained the amendment and answered questions from the Commissioners and Staff. Mr. Jacobson recommended that the amendment be approved. Commissioner Nelson recommended that the contract be rewritten in a clearer fashion and include a termination date. Ms. Cremer noted that the contract can be terminated by either party with 30-day notice if not beneficial to both parties.

Chairman Burg moved to approve the amendment to the contract with deviations with a contract termination date of November 16, 2011. Commissioner Nelson seconded. Motion passed 2-0.

Telecommunications

1. TC00-202 IN THE MATTER OF THE APPLICATION OF 1-800-RECONEX, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Kelly Frazier.)

Ms. Forney recommended that the request to withdraw the application for a certificate of authority be approved.

Chairman Burg moved to grant the withdrawal and close the docket. Commissioner Nelson seconded. Motion passed 2-0.

2. TC01-040 IN THE MATTER OF THE FILING FOR APPROVAL OF TRANSFER OF CERTIFICATE OF AUTHORITY FROM TOUCH AMERICA SERVICES, INC. TO TOUCH AMERICA, INC. (Staff Analyst: Michele Farris. Staff Attorney: Kelly Frazier.)

Ms. Farris explained the transfer and recommended that it be approved, effective June 11, 2001, contingent upon the SDPUC receiving written notification from Touch America that NeuStar has transferred the CIC Code from Touch America Services to Touch America.

Chairman Burg moved to grant a certificate of authority to Touch America, Inc., effective June 11, 2001, contingent upon the SDPUC receiving written notice from Touch America that NeuStar has transferred the CIC Code from Touch America Services to Touch America. Commissioner Nelson seconded. Motion passed 2-0.

3. TC01-043 IN THE MATTER OF THE APPLICATION OF NOS COMMUNICATIONS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that SDITC had withdrawn its petition to intervene and recommended that the withdrawal be accepted. No action was necessary.

4. TC01-045 IN THE MATTER OF THE FILING FOR APPROVAL OF A RESALE AGREEMENT BETWEEN QWEST CORPORATION AND CIERA NETWORK SYSTEMS, INC. (Staff Attorney: Kelly Frazier.)

Chairman Burg moved to grant the withdrawal of the resale agreement and close the docket. Commissioner Nelson seconded. Motion passed 2-0.

Consumer Issues

Ms. Leni Healy  presented a review of  the 2000-2001 heating season from data gathered from energy suppliers. This included consumer statistics on payment plans,  budget billing, energy assistance and customers in arrears. There were vast differences in the amount of data submitted by the different energy suppliers. Commissioner Nelson noted that this data is important in making decisions and plans for future energy needs. Chairman Burg suggested that Bob Miller, representing South Dakota Electric Utility Companies, be invited to visit with the Commission on collecting data.            

Meeting adjourned.

 

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Mary R. Giddings
Administrative Secretary