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South Dakota Public Utilities Commission Meeting
Tuesday, November 27, 2001; 1:30 P.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Burg called the meeting to order. Present were Commissioner Pam Nelson; Executive Director Deb Elofson; Deputy Executive Director Sue Cichos; Commission Advisor Greg Rislov; Commission Counsel Rolayne Ailts Wiest; Staff Attorneys Karen Cremer and Kelly Frazier; Staff Analysts Charlene Lund, Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Mary Healy and Michele Farris; Transportation Administrator Jennifer Kirk; and Administrative Secretary Mary Giddings.
Also present were John Lovald, Global Crossing; Bob Miller, SD Electric Utility Companies; Brian Meyer, Sully Buttes Telephone; Tom Harmon, Sprint; and Rich Coit, SD Telecommunications Association.
Joining the meeting by telephone were Rod Bower, Kennebec Telephone Company; Mark Rolfes and Terry Graumann, Otter Tail Power Co.; David Clark, G V N W Consulting Firm Cooperative representing West River Telecommunications and Mobridge Telecommunications Company; Barb Coughlin and Wendy Syverud, MidAmerican Energy Company; Cindy Grosvenor and Wendel Aanerud, TELEC Consulting; Mary Hobson, Stoel Rives Law Firm; Mary Lohnes, Midcontinent Communications; Doug Neff, Cheyenne River Sioux Tribe Telephone Authority; Mark Benton, Midstate Communications and Midstate Telecom, Inc.; Kevin Allen, VarTek Telecom, Inc.; Sandy Hofstetter, A T & T; Tom Welk and Colleen Sevold, Qwest Corporation; Kyle White and Steve Helmer, Black Hills Corporation; and Don Lee and Joe Schuele, Martin Group.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On November 8, 2001. (Staff: Mary Giddings.)
Commissioner Nelson moved to approve the minutes of the Commission meeting held on November 8, 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 last Commission meeting.
2. IN THE MATTER OF DISMISSING COMPLAINT DOCKETS CN01-002, CT01-043 AND CT01-048.
Chairman Burg moved to dismiss the complaints and close the dockets on CN01-002, CT01- 043 and CT01-048. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Frazier noted that Staff filed a motion to reopen the record for the sole purpose of allowing Staff to enter the documentation showing the costs associated with appearing at the hearing.
Commissioner Nelson moved to grant the motion to reopen the record to enter exhibits substantiating costs of the Complainant to appear at the hearing. Chairman Burg seconded. Motion passed 2-0.
John Lovald, representing Global Crossing, explained why Sully Buttes Telephone Cooperative (SBTC) should be joined as a party. Brian Meyer, representing SBTC, explained that SBTC was simply following a directive and should not be joined. He further stated that SBTC would provide a witness or documentation if further information was required. Ms. Mary Healy noted that the Complainant had Global Crossing correspondence recommending that the Complainant deal with Opex. Ms. Cremer recommended that SBTC be added to provide testimony, if needed. Ms. Wiest added that Global Crossing argues that SBTC entered the wrong code when the switch was made and should be joined to answer this assertion. Both Chairman Burg and Commissioner Nelson stated their reluctance to set a precedent by adding SBTC as a party and noted that SBTC could be subpoenaed if necessary.
Commissioner Nelson moved to deny the motion for joinder. Chairman Burg seconded. Motion passed 2-0.
Action was deferred.
Electric
Ms. Farris explained the review committee as outlined in SDCL 49-41B-6 in the 10-mile radius which includes area in both South Dakota and Minnesota. Mark Rolfes, representing Otter Tail Power Company (OTPC), explained the effect of construction on SD entities. Terry Graumann, OTPC, recommended that the review committee be limited to representatives of South Dakota entities. Chairman Burg recommended that the Minnesota PUC be notified of the OTPC filing.
Chairman Burg moved to designate a local review committee in accordance with SDCL 49-41B-6 with a radius of 10 miles (in both South Dakota and Minnesota) designated as the affected area pursuant to SDCL 49-41B-6. He further moved that Otter Tail Corporation provide updated lists of elected officials within the designed area for notification purposes. Commissioner Nelson seconded. Motion passed 2-0.
Rule Making
1. RM01-001 IN THE MATTER OF REVISIONS TO MOTOR CARRIER RULES. (General Counsel: Rolayne Wiest.)
Ms. Wiest recommended that the rules be adopted.
Commissioner Nelson moved to adopt the rules. Chairman Burg seconded. Motion passed 2-0.
Telecommunications
Mr. Senger recommended that the revenue requirement be approved.
Chairman Burg moved to approve the revenue requirement. Commissioner Nelson seconded. Motion passed 2-0.
Wendell Aanerud, representing TELEC Consulting, explained the revenue requirement. Ms. Forney recommended that it be approved.
Commissioner Nelson moved to approve the revenue requirement. Chairman Burg seconded. Motion passed 2-0.
Commissioner Nelson moved to approve the revenue requirement. Chairman Burg seconded. Motion passed 2-0.
David Clark, from the GVNW Consulting Firm Cooperative representing West River Telecommunications Cooperative, explained the revenue requirement. Mr. Best recommended that the revenue requirement be approved.
Chairman Burg moved to approve the revenue requirement. Commissioner Nelson seconded. Motion passed 2-0.
David Clark, from the GVNW Consulting Firm Cooperative representing Mobridge Telecommunications Company, explained the revenue requirement. Mr. Best recommended that the revenue requirement be approved.
Commissioner Nelson moved to approve the revenue requirement. Chairman Burg seconded. Motion passed 2-0.
Ms. Forney explained the application of Telecom EZ Corp. 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 a waiver of ARSD
20:10:24:02(08).
Commissioner Nelson moved to grant a certificate of authority to Telecom EZ Corp. with the restrictions and waiver as noted above. Chairman Burg seconded. Motion passed 2-0.
Ms. Farris explained the application of VarTec Telecom Inc. for a certificate of authority and recommended that it be approved subject to rural safeguards.
Chairman Burg moved to grant a certificate of authority to VarTec Telecom Inc. subject to rural safeguards. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Frazier recommended approval of the adoption agreement.
Commissioner Nelson moved to approve the agreement. Chairman Burg seconded. Motion passed 2-0.
Kyle White, representing Black Hills Corporation, explained the amendments to the agreement. Mr. Frazier recommended that the amendments be approved.
Chairman Burg moved to approve the amendments to the agreement. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Best recommended that intervention be granted to Black Hills FiberCom, Midcontinent Communications, and AT&T. After discussion on a procedural schedule, it was recommended that interested parties should have recommendations for a procedural schedule by December 7, 2001.
Commissioner Nelson moved to grant intervention to Black Hills FiberCom, Midcontinent Communications, and AT&T. Chairman Burg seconded. Motion passed 2-0.
Meeting adjourned.
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Mary R. Giddings
Administrative Secretary
