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South Dakota Public Utilities Commission Meeting
Tuesday, July 10, 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; Commission Advisor Greg Rislov; Commission Counsel Rolayne Ailts Wiest; Staff Attorneys Karen Cremer and Kelly Frazier; Utility Analysts Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, and Michele Farris; Education and Outreach Director Leni Healy; Consumer Affairs Mary Healy; Deputy Executive Director Sue Cichos; Summer Legal Intern Sarah Sharp; and Administrative Secretary Mary Giddings.
Also present were Neil Fulton, MCI WorldCom; Les Sumption, John Burke and Nicole Nachtigal, S&S Communications; Grady Kickul, State Department of Human Services; and Bob Miller, SD Electric Utility Companies.
Joining the meeting by telephone were Colleen Sevold, Qwest Corporation; Dick Tieszen, Sprint; Janet Kittams-Lalley, HELP! Line Center; Pat Mastel, McLeodUSA Telecommunications Services, Inc.; Mary Lohnes, Midcontinent Communications; and Don Ball, Montana-Dakota Utilities Co.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On June 19, 20, and 26, 2001. (Staff: Mary Giddings.)
Chairman Burg moved to approve the minutes of the Commission meetings held on June 19, 20, and 26, 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: Mary Healy.)
Ms. Mary Healy presented an update on inquiries and complaints received since the June 26, 2001, Commission meeting.
Dick Tieszen, representing Sprint, explained the motion to intervene. Ms. Cremer stated that the SD Department of Human Services had filed a motion to intervene. Colleen Sevold, representing Qwest, stated that Qwest had no objections to Sprint's motion to intervene or SD Department of Human Services' motion to intervene.
Chairman Burg moved to grant the motions to intervene to Sprint and to SD Human Services. Commissioner Nelson seconded. Motion passed 2-0.
2. IN THE MATTER OF DISMISSING CT01-017 and CT01-022.
Chairman Burg moved to dismiss the complaints and close the dockets on CT01-017 and CT01-022. Commissioner Nelson seconded. Motion passed 2-0.
Neil Fulton, representing MCIWorldCom (MCI), explained that the motion to dismiss should be approved because the contract dispute between MCI and S&S Communications (S&S) should be settled by arbitration and he further explained that any consumer complaints would be brought before the SDPUC by individual consumers. John Burke, representing S&S, explained the complaint against MCI and requested that the motion to dismiss be denied. Ms. Cremer requested that a copy of the contract between MCI and S&S be submitted. Ms. Wiest recommended that the matter be taken under advisement until the July 24, 2001, Commission meeting. The matter was taken under advisement.
Electric
Don Ball, representing Montana-Dakota Utilities Co., explained the annual review and revision of the purchase time rates. Mr. Jacobson recommended that the tariff revisions be approved.
Commissioner Nelson moved to approve the revised tariffs. Chairman Burg seconded. Motion passed 2-0.
Telecommunications
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 interconnection agreement be approved.
Chairman Burg moved to approve the interconnection agreement. Commissioner Nelson seconded. Motion passed 2-0.
Ms. Forney explained the application of Comtel Network, LLC for a certificate of authority and recommended that it 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.
Chairman Burg moved to grant a certificate of authority to Comtel Network, LLC. with the waiver and restrictions as noted above. Commissioner Nelson seconded. Motion passed
2-0.
Mr. Frazier noted that a certificate of authority had not been filed and recommended that the resale agreement be denied.
Chairman Burg moved to deny the resale agreement. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Frazier noted that the certificate of authority had not been filed and recommended that the application be denied.
Chairman Burg moved to deny the interconnection agreement. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Frazier noted that the certificate of authority had not been filed and recommended that the agreement be denied.
Chairman Burg moved to deny the resale agreement. Commission 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.
Pat Mastel, representing McLeodUSA, explained the toll free offering and answered Staff questions. Mr. Senger recommended that the local calling area be approved.
Chairman Burg moved to approve the local calling area. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Senger explained the certificate of authority transfer and recommended that it be approved with a waiver of ARSD 20:10:24:02(8) and subject to a continuous $25,000 surety bond.
Chairman Burg moved to grant a certificate of authority to GECTS with the waiver as noted above and subject to a continuous $25,000 surety bond. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Frazier recommended that the amendment to the interconnection agreement be approved.
Chairman Burg moved to approve the amendment to the interconnection agreement. 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. Senger explained the application of KMC Data, LLC for a certificate of authority and recommended that it be approved with waivers of ARSD 20:10:24:02(8) and ARSD 20:10 32:03 (11); restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; subject to rural safeguards; and with an effective date of August 7, 2001.
Commissioner Nelson moved to grant a certificate of authority to KMC Data, LLC. with the waivers and restrictions as noted above, subject to rural safeguards and with an effective date of August 7, 2001. Chairman Burg seconded. Motion passed 2-0.
Ms. Forney explained the application of Network US, Inc. d/b/a CA Affinity for a certificate of authority and recommended that it be approved with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits, and with an effective date of August 7, 2001.
Chairman Burg moved to grant a certificate of authority to Network US, Inc. with restrictions as noted above and with an effective date of August 7, 2001. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Senger recommended that the application of Reduced Rate Long Distance, LLC for a certificate of authority be approved with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits and with an effective date of August 11, 2001.
Chairman Burg moved to grant a certificate of authority to Reduced Rate Long Distance, LLC with restrictions as noted above and with an effective date of August 11, 2001. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Frazier recommended that the amendment to the interconnection agreement be approved.
Chairman Burg moved to approve the amendment to the interconnection agreement. Commissioner Nelson seconded. Motion passed 2-0.
Meeting adjourned.
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Mary R. Giddings
Administrative Secretary
