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South Dakota Public Utilities Commission Meeting
Tuesday, June 19, 2001; 1:30 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; Executive Director Debra Elofson; 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; Summer Legal Intern Sarah Sharp; and Administrative Secretary Mary Giddings.
Also present were Michael Chase, Black Hills Electric Cooperative; Linden Evans, Black Hills Corporation; Stuart Wevik, Black Hills Power & Light; Jim Wilcox, Xcel Energy; Dave Gerdes, PowerNet Global Communications; Jim Robbennolt, Broadwing Telecommunications, Inc.; and Tom Harmon, Sprint.
Joining the meeting by telephone were Becky Gibson, US Republic Communications; Jane Wagner, WebNet; Debra Sittig, Woods, Fuller, Schultz & Smith; Brad Schardin, Southeastern Electric Coop; Dave Prazak, Otter Tail Power Company; Colleen Sevold, Qwest Corporation; David Schwietert and Roxy Rasmussen, complainants; and Tim Jensen, Alvin Scott and Tom Jass, McCook Feed and Fertilizer customers.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On May 22 am and pm and June 4, 2001. (Staff: Mary Giddings.)
Commissioner Nelson moved to approve the minutes of the Commission meetings held on May 22 and June 4, 2001. Chairman Burg 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 May 8, 2001, Commission meeting. Chairman Burg inquired if there were many disconnection notices recently. Ms. Mary Healy stated that a number of calls had come in from consumers who were being disconnected because they couldn't pay the high energy bills. No figures were available on the number of these disconnections.
2. IN THE MATTER OF DISMISSING CT00-109, CT00-111, CT00-114, CT01-010, CT01- 015, CT01-018, CT01-020, CT01-023, and CT01-025.
Chairman Burg moved to dismiss the complaints and close the dockets in CT00-109, CT00-111, CT00-114, CT01-010, CT01-015, CT01-018, CT01-020, CT01-023, and CT01-025. Commissioner Nelson seconded. Motion passed 2-0.
Dave Gerdes, representing PowerNet Global Communications, explained that more time was needed to prepare for the hearing because some documents had not been fully examined. Jim Robbennolt, representing Broadwing Telecommunications, agreed that more time was necessary to complete the complicated investigation. David Schwietert, Complainant, stated that he had received and read the documents and felt that the attorneys should do the same so that the hearing could be held on June 26, 2001, as scheduled. Commissioner Nelson expressed concern that the Schwietert's complaint had been filed months ago he providers seem to wait until a hearing date is set before starting the investigations. Ms. Wiest said a 60-day extension had been requested. Mr. Frazier recommended that the Commission go forward with the June 26, 1001, hearing.
Commissioner Nelson moved to grant a 14-day extension. Chairman Burg seconded. Motion passed 2-0.
Ms. Cremer stated that Mrs. Coyle requested that America's Telenetwork (ATN) be added as a party.
Chairman Burg moved to add ATN as a party. Commissioner Nelson seconded. Motion passed 2-0.
Becky Gibson, representing U.S. Republic Communications, Inc., explained the motion to dismiss. Ms. Lund recommended that the motion for dismissal be denied.
Commissioner Nelson moved to deny U.S. Republic's motion for dismissal. Chairman Burg seconded. Motion passed 2-0.
Mr. Frazier stated that the complainant wished to withdraw her complaint. No action required.
Electric
Mr. Jacobson explained the application of Xcel Energy, Inc. which would provide benefits to its customers in its service territory. Jim Wilcox, representing Excel Energy, Inc., further explained the proposal which would provide an additional contribution to its annual economic development investment within its service territory for a limited time and to agree to a conditional rate moratorium until May 1, 2004.
Commissioner Nelson moved to approve the petition to provide merger benefits in the state of South Dakota and to close the docket. Commissioner Burg seconded. Motion passed 2-0.
Mr. Frazier explained the motion to reopen for further evidence for the purpose of receiving into evidence affidavits from claimants regarding their contracts with McCook Feed and Fertilizer. Tim Jensen, Tom Jass and Alvin Scott, McCook Feed and Fertilizer customers, supported the reopening. Debra Sittig, representing Home Federal, stated that it did not oppose the reopening if Home Federal could also submit an affidavit. Ms. Wiest recommended that action be deferred. Action was deferred.
Dave Prazak, representing Otter Tail Power Company, explained the tariff revision. Mr. Senger recommended that the tariff revision be approved with a June 19, 2001, effective date.
Chairman Burg moved to approve the tariff revision with an effective date of June 19, 2001. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Jacobson recommended that action be deferred. Action was deferred.
Jim Wilcox, representing Xcel Energy, explained the joint territory boundary change. Brad Schardin, representing Southeastern Electric Cooperative, Inc., stated that the boundary change would allow the service territory to follow the proposed lot lines. Ms. Farris recommended that the boundary change be approved.
Chairman Burg moved to grant the joint territory boundary change. Commissioner Nelson seconded. Motion passed 2-0.
Stuart Wevik, representing Black Hills Power, explained the change to the territory boundary. Michael Chase, representing Black Hills Electric Cooperative, stated that changing the territory boundary would avoid duplication of facilities. Ms. Farris recommended that the service territory boundary change be approved.
Commissioner Nelson moved to approve the service territory boundary change. Chairman Burg seconded. Motion passed 2-0.
Telecommunications
Mr. Senger recommended that the application of West End Communications Inc. for a certificate of authority be approved with a waiver of ARSD 20:10:24:02(8) and restrictions from offering prepaid calling cards, accepting advance payments and customer deposits.
Commissioner Nelson moved to grant a certificate of authority to West End Communications Inc. with the waiver and restrictions as noted above. Chairman Burg seconded. Motion passed 2-0.
Ms. Farris recommended that the Quick Tel, Inc. application for a certificate of authority be approved with a waiver of ARSD 20:10:24:02(8) and with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits.
Chairman Burg moved to grant a certificate of authority to Quick Tel, Inc. with a waiver and restrictions as noted above. Commissioner Nelson seconded. Motion passed 2-0.
Ms. Farris recommended that the Ciera Network Systems, Inc. application for a certificate of authority be approved with a waiver of 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 Ciera Network Systems Inc. with a waiver and restrictions as noted above. Chairman Burg seconded. Motion passed 2-0.
Ms. Forney recommended that the Custom Teleconnect, Inc. (Teleconnect) application for a certificate of authority be approved.
Chairman Burg moved to grant a certificate of authority to Custom Teleconnect, Inc. Commissioner Nelson seconded. Motion passed 2-0.
Colleen Sevold, representing Qwest Corporation, explained the tariff revisions. Ms. Forney recommended that the tariff revisions be approved effective the date of FCC approval.
Chairman Burg moved to approve the proposed tariff revisions effective the date of FCC approval. Commissioner Nelson seconded. Motion passed 2-0.
Meeting adjourned.
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Mary R. Giddings
Administrative Secretary
