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South Dakota Public Utilities Commission Meeting
Thursday, August 16, 2001; 9:30 A.M.
State Capitol Building, Room 412
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Jim Burg called the meeting to order. Present were Commission Pam Nelson;
Commission Advisor Greg Rislov; Commission Counsel Rolayne Ailts Wiest; Staff Attorney Karen Cremer; Staff Analysts Mary Healy, Harlan Best and Dave Jacobson; Deputy Executive Director Sue Cichos; and Administrative Secretary Amy Kayser.

Also present were Richard D. Coit, SDITC; Allen Nelson, Jim Pahl and Rodney Gunn, West River Electric Association, Inc.; and Brian Meyer, Citizens Telecommunications Company of Nebraska, Inc.

Joining the meeting by telephone were Colleen Sevold and Tom Welk, Qwest Corporation; Alan Diedrich and Janet Kittams-Lalley, HELP! Line Center; Suzan Stewart, Marv Sorenson, and Greg Schaefer, MidAmerican Energy Company; and Mary Lohnes, Midcontinent Communications.

Administration

1. Approval Of The Minutes Of The Commission Meetings Held On July 24 and 27, 2001. (Staff: Mary Giddings.)

Ms. Kayser noted that there was a correction made in the spelling of the first name of Geoff Heig in the July 24, 2001, minutes.

Commissioner Nelson moved to approve the minutes of the July 24 and 27, 2001, Commission meetings with the correction as noted above. 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.)

Mary Healy presented an update on inquiries and complaints and responded to Commissioner's questions concerning the effect high natural gas prices had on low income consumers.

2. IN THE MATTER OF DISMISSING COMPLAINTS CC01-001, CT01-027, CT01-028, CT01- 030 AND CT01-033.

CC01-001 IN THE MATTER OF THE COMPLAINT FILED BY SANDALL B. GRODZIN, ABERDEEN, SOUTH DAKOTA, AGAINST NORTHWESTERN PUBLIC SERVICE COMPANY REGARDING DISCONNECTION OF UTILITY SERVICE. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)

CT01-027 IN THE MATTER OF THE COMPLAINT FILED BY EMPIRE PLASTICS, INC., SIOUX FALLS, SOUTH DAKOTA, AGAINST MCLEODUSA TELECOMMUNICATIONS SERVICES, INC., REGARDING DECEPTIVE BUSINESS PRACTICE. (Staff Analyst: Mary Healy. Staff Attorney: Kelly Frazier.)

CT01-028 IN THE MATTER OF THE COMPLAINT FILED BY DENNIS LINDSKOV DBA AUTOMOTIVE CO., INC., ISABEL, SOUTH DAKOTA, AGAINST MCI WORLDCOM REGARDING UNAUTHORIZED SWITCHING OF SERVICES AND BILLING FOR SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Karen Cremer.)

CT01-030 IN THE MATTER OF THE COMPLAINT FILED BY KELLI FUHRMANN, PIERRE, SOUTH DAKOTA, AGAINST MCLEODUSA TELECOMMUNICATIONS SERVICES, INC., REGARDING DELAYED INSTALLATION. (Staff Analyst: Charlene Lund. Staff Attorney: Kelly Frazier.)

CT01-033 IN THE MATTER OF THE COMPLAINT FILED BY THOMAS C. HARBESON, SIOUX FALLS, SOUTH DAKOTA, AGAINST DIRECT ONE COM.LONG DISTANCE REGARDING UNAUTHORIZED BILLING FOR SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Kelly Frazier.)

Ms. Cremer recommended that the complaints be dismissed and the dockets closed.

Chairman Burg moved to dismiss the complaints and close the dockets in CC01-001, CT01-027, CT01-028, CT01-030, and CT01-033. Commissioner Nelson seconded. Motion passed 2-0.

3. TC98-176 IN THE MATTER OF THE COMPLAINT FILED BY RANDY KIEFFER, STURGIS, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING TELEPHONE SERVICE OUTAGES AND INADEQUATE SERVICE. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

CT99-002 IN THE MATTER OF THE COMPLAINT FILED BY RANDY KIEFFER, STURGIS, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING SERVICE PROBLEMS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Action was deferred in TC98-176 and CT99-002.

Electric

1. EL01-019 IN THE MATTER OF THE PETITION OF WEST RIVER ELECTRIC ASSOCIATION, INC. SEEKING A DETERMINATION AS TO WHETHER THE COMMISSION HAS JURISDICTION IN THIS INSTANCE AND SECONDLY IF THE COMMISSION DETERMINES THAT IT HAS JURISDICTION TO THEN APPROVE WEST RIVER ELECTRIC'S REQUEST TO LOCATE A NEW 115 KV TRANSMISSION LINE NORTH OF RAPID CITY. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

Jim Pahl, representing West River Electric Association, Inc., explained its petition. Ms. Cremer recommended that the Commission find that the PUC does not have jurisdiction.

Chairman Burg moved to find that the Commission does not have jurisdiction. Commissioner Nelson seconded. Motion passed 2-0.

Natural Gas

1. NG01-008 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF PETITION FOR EXTENSION OF TEST PERIOD. (Staff Analyst: Dave Jacobson. Staff Attorney: Kelly Frazier.)

Suzan Stewart, representing MidAmerican Energy Company, explained the request for a test period extension.

Chairman Burg moved to grant a waiver of ARSD 20:10:13:44 and he further moved to allow use of a 2000 test year for its natural gas rate case with the filing to be made by November 1, 2001. Commissioner Nelson seconded. Motion passed 2-0.

Telecommunications

1. TC00-113 IN THE MATTER OF THE APPLICATION OF CITIZENS TELECOMMUNICATIONS COMPANY OF NEBRASKA, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris.)

Brian Meyer, representing Citizens Telecommunications Company of Nebraska, Inc., requested permission to withdraw its request for a certificate of authority and requested that the docket be closed.

Commissioner Nelson moved to allow the petition to be withdrawn and she further moved to close the docket. Chairman Burg seconded. Motion passed 2-0.

2. TC00-143 IN THE MATTER OF THE FILING FOR APPROVAL OF A RESALE AGREEMENT BETWEEN QWEST CORPORATION AND CONTINENTAL F.S. COMMUNICATIONS. (Staff Attorney: Karen Cremer.)

Ms. Cremer recommended that action be deferred. Action was deferred.

3. TC01-019 IN THE MATTER OF THE APPLICATION OF CONTINENTAL FIRST STAR COMMUNICATIONS COMPANY FOR A CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended that action be deferred. Action was deferred.

4. TC01-035 IN THE MATTER OF THE APPLICATION OF NEW ACCESS COMMUNICATIONS LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES AND LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Mr. Jacobson explained the certificate of authority application of New Access Communications LLC and recommended that it be approved with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; and subject to rural safeguards.

Commissioner Nelson moved to grant New Access Communications LLC a certificate of authority with restrictions as noted above and subject to rural safeguards. Chairman Burg seconded. Motion passed 2-0.

5. TC01-050 IN THE MATTER OF THE APPLICATION OF TOTAL CALL INTERNATIONAL, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Kelly Frazier.)

Mr. Jacobson recommended that the certificate of authority be granted with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits.

Chairman Burg moved to grant Total Call International, Inc. a certificate of authority with restrictions as noted above. Commissioner Nelson seconded. Motion passed 2-0.

6. TC01-059 IN THE MATTER OF THE FILING BY QWEST CORPORATION FOR APPROVAL OF REVISIONS TO ITS EXCHANGE AND NETWORK SERVICES CATALOG. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended that intervention be granted.

Chairman Burg moved to grant intervention. Commissioner Nelson seconded. Motion passed 2-0.

7. TC01-070 APPROVAL OF AN AGREEMENT FOR TERMS AND CONDITIONS FOR INTERCONNECTION, UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES AND RESALE OF TELECOMMUNICATION SERVICES BETWEEN QWEST CORPORATION AND NEW ACCESS COMMUNICATIONS LLC. (Staff Attorney: Kelly Frazier.)

Chairman Burg moved to approve the agreement. Commissioner Nelson seconded. Motion passed 2-0.

8. TC01-084 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR WEST RIVER TELECOMMUNICATIONS COOPERATIVE. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Mr. Best recommended that the waiver from using the Commission's cost study model be granted.

Chairman Burg moved to grant the waiver from using the Commission's cost study model. Commissioner Nelson seconded. Motion passed 2-0.

9. TC01-085 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR MOBRIDGE TELECOMMUNICATIONS COMPANY. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Mr. Best recommended that the waiver from using the Commission's cost study model be granted.

Commissioner Nelson moved to grant the waiver from using the Commission's cost study model. Chairman Burg seconded. Motion passed 2-0.

10. TC01-089 IN THE MATTER OF THE APPLICATION OF WORLD COMMUNICATIONS SATELLITE SYSTEMS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Kelly Frazier.)

Mr. Jacobson explained the application and recommended that it be approved with restrictions from offering prepaid calling cards, advance payments and customer deposits; with a waiver of ARSD 20:10:24:02(08); and with an effective date of September 1, 2001.

Commissioner Nelson moved to grant a certificate of authority to World Communications Satellite Systems, Inc. with restrictions and waiver as noted above and with an effective date of September 1, 2001. Chairman Burg seconded. Motion passed 2-0.

11. TC01-094 IN THE MATTER OF THE FILING FOR APPROVAL OF AN AGREEMENT FOR TERMS AND CONDITIONS FOR INTERCONNECTION, UNBUNDLED NETWORK ELEMENTS, ANCILLARY SERVICES AND RESALE OF TELECOMMUNICATION SERVICES BETWEEN QWEST CORPORATION AND CIERA NETWORK SYSTEMS, INC. (Staff Attorney: Kelly Frazier.)

Action was deferred.

Meeting adjourned.

_________________________________
Mary R. Giddings
Administrative Secretary