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South Dakota Public Utilities Commission Meeting
Tuesday, July 24, 2001; 1:30 P.M.
State Capitol Building, Room LCR1
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; Consumer Affairs Mary Healy; Deputy Executive Director Sue Cichos; Summer Legal Intern Sarah Sharp; and Administrative Secretary Mary Giddings.
Also present were Dave Gerdes, WorldCom; Dick Tieszen, Sprint; Bob Miller, SD Electric Utility Companies; Darlene Mandelke, Bernadeen Brutlag, Bill Davis, Bruce Gerhardson and Kevin Kouba, Otter Tail Power Company; Lynne Valenti, Department of Human Services; and Janet Ball, DRS.
Joining the meeting by telephone were Colleen Sevold, Tom Welk and Herbert Rupercht, Qwest Corporation; Loretta Calabro, Telec Consulting; Peggy Reinesch, Midstate Communications; Don Lee, Martin Group; Burnie Snoddy, Williams and Company Communications, Inc.; Marv Sorenson and Susan Stewart, MidAmerican Energy; Mary Lohnes, Midcontinent Communications; John Burke and Les Sumption, S&S Communications; Jeff Heig, Watertown Municipal Utilities; and Tom Burns and Gene Ward, Codington Clark Electric Cooperative.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On July 6 and 10, 2001. (Staff: Mary Giddings.)
Commissioner Nelson moved to approve the minutes of the Commission meetings held on July 6 and 10, 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.
Ms. Cremer recommended that the docket be closed.
Chairman Burg moved to close the docket. Commissioner Nelson seconded. Motion passed 2-0.
Chairman Burg moved to stay further proceedings pending arbitration. Commissioner Nelson seconded. Motion passed 2-0.
4. IN THE MATTER OF DISMISSING COMPLAINTS CT00-112, CT01-008, CT01-021, CT01-024 AND CT01-026.
Mr. Frazier recommended that the complaints be dismissed and the dockets closed.
Chairman Burg moved to dismiss the complaints and close the dockets in CT00-112, CT01-008, CT01-021, CT01-024 and CT01-026. Commissioner Nelson seconded. Motion passed 2-0.
Electric
Bruce Gerhardson, representing Otter Tail Power Company (OTP), explained the filing and further explained that OTP would accept the rate levels proposed by Staff with the condition that the methodology used by Staff to determine the rate levels not set precedent in future proceedings before the Commission. Mr. Jacobson accepted that condition and recommended approval with revised tariffs to be submitted by OTP.
Chairman Burg moved to approve the tariff revisions. Commissioner Nelson seconded. Motion passed 2-0.
Jeff Heig, Watertown Municipal Utilities, explained the service territory boundary change agreement between Codington Clark Electric Cooperative and the City of Watertown. Ms. Farris recommended that the request to modify the assigned service area be approved.
Commissioner Nelson moved to approve the modified assigned service area. Chairman Burg seconded. Motion passed 2-0.
Addendum
Electric
Tom Burns, representing Codington Clark Electric Cooperative, explained the agreement. Ms. Farris recommended that the agreement be approved. Ms. Wiest stated that approval of the agreement does not permit the parties to modify their service area territory without Commission approval.
Chairman Burg moved to approve the agreement. Commissioner Nelson seconded. Motion passed 2-0.
Marv Sorenson, representing MidAmerican Energy, explained the tariff revisions. Mr. Jacobson recommended that the revisions be approved.
Chairman Burg moved to approve the tariff revisions. Commissioner Nelson seconded. Motion passed 2-0.
Bruce Gerhardson, representing Otter Tail Power Company, explained the tariff revisions. Mr. Senger recommended that the revisions be approved.
Chairman Burg moved to approve the tariff revisions. Commissioner Nelson seconded. Motion passed 2-0.
Ms. Farris explained the request and recommended that it be approved. She also noted that the wording should be "Electric Service Rights Exception," and not "Electric Service Territory Exception."
Commissioner Nelson moved to approve the electric service rights exception. Chairman Burg seconded. Motion passed 2-0.
Ms. Farris explained the request and recommended that it be approved. She also noted that the wording should be "Electric Service Rights Exception," and not "Electric Service Territory Exception."
Commissioner Nelson moved to approve the electric service rights exception. Chairman Burg seconded. Motion passed 2-0.
Natural Gas
Marv Sorenson, representing MidAmerican Energy Company, explained the application to revise the standard bill. Mr. Jacobson recommended that the tariff revisions be approved.
Chairman Burg moved to approve the tariff revisions. Commissioner Nelson seconded. Motion passed 2-0.
Addendum
Natural Gas
Marv Sorenson, representing MidAmerican Energy Company, explained the proposal. Mr. Jacobson recommended that the proposal be approved.
Chairman Burg moved to approve the proration of monthly PGA rates. Commissioner Nelson seconded. Motion passed 2-0.
Telecommunications
Burnie Snoddy, representing Williams & Company Communications, Inc., explained the application for a certificate of authority. Mr. Senger recommended that it be approved with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; waiver of ARSD 20:10:32:03(14); and subject to rural safeguards.
Chairman Burg moved to grant a certificate of authority to Williams & Company Communications, Inc. with the restrictions and waiver as noted above and subject to rural safeguards. Commissioner Nelson seconded. Motion passed 2-0.
Ms. Forney explained the exemption and recommended that the cost study be waived for a period of three years.
Chairman Burg moved to grant the exemption from developing its switched access rate for a period of three years and he further moved to approve the tariff filing. Commissioner Nelson seconded. Motion passed 2-0.
Ms. Farris explained the application of Telefyne Incorporated for a certificate of authority and recommended that it be approved with an effective date of August 10, 2001.
Chairman Burg moved to grant a certificate of authority to Telefyne Inc. with an effective date of August 10, 2001. Commissioner Nelson seconded. Motion passed 2-0.
Ms. Cremer requested that the proposed tariff sheets be suspended for 120 days. Colleen Sevold, representing Qwest, had no objections but stated that the FCC requires the rates be effective by October 1, 2001. Dick Tieszen, representing Sprint, and Lynne Valenti, representing the Department of Human Services, requested that Qwest supply them with copies of the cost study.
Commissioner Nelson moved to suspend the tariff sheets until September 30, 2001. Chairman Burg seconded. Motion passed 2-0.
Ms. Forney explained the Three River Telco application for a certificate of authority and recommended that it be approved with an effective date of August 13, 2001.
Chairman Burg moved to grant a certificate of authority to Three River Telco with an effective date of August 13, 2001. Commissioner Nelson seconded. Motion passed 2-0.
Hubert Rupercht, representing Qwest Corporation, explained the cost recovery true-up and noted that an EANRC revised cost study was filed reflecting $0.000835 and not the $0.000750 as requested. Mr. Best recommended that the cost recovery true-up be approved effective August 1, 2001, using the figure of $0.000835.
Chairman Burg moved to approve the cost recovery true-up effective August 1, 2001, using the figure of $0.000835. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Frazier recommended that the adoption agreement be approved.
Chairman Burg moved to approve the adoption agreement. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Frazier recommended that action be deferred as the certificate of authority has not been filed. Action was deferred.
Mr. Frazier recommended that the agreement be approved.
Commissioner Nelson moved to approve the agreement. Chairman Burg seconded. Motion passed 2-0.
Mr. Frazier recommended that action be deferred as the certificate of authority has not been filed. Action was deferred.
Mr. Frazier recommended that the agreement be approved.
Chairman Burg moved to approve the agreement. Commissioner Nelson seconded. Motion passed 2-0.
Colleen Sevold, representing Qwest Corporation, explained the tariff. Ms. Forney recommended that the tariff be approved with an effective date of July 3, 2001.
Chairman Burg moved to approve the tariff with an effective date of July 3, 2001. Commissioner Nelson seconded. Motion passed 2-0.
13. IN THE MATTER OF ASSESSING FILING FEES FOR EACH OF THE FOLLOWING SWITCHED ACCESS DOCKET FILINGS:
TC01-078 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR SANBORN TELEPHONE COOPERATIVE AND SANCOM, INC. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)
Chairman Burg moved to assess a filing fee not to exceed $100,000 with an initial deposit of $750 in dockets TC01-066, TC01-067, TC01-068, TC01-073, TC01-075, TC01-076, TC01- 078, TC01-079, TC01-80, TC01-082, TC01-083, TC01-084, TC01-085, TC01-086, TC01-87 and TC01-088. Commissioner Nelson seconded. Motion passed 2-0.
Meeting adjourned.
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Mary R. Giddings
Administrative Secretary
