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South Dakota Public Utilities Commission Meeting
Thursday, January 3, 2002; 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; Commissioner Bob Sahr; Executive Director Deb Elofson; Deputy Executive Director Sue Cichos; Commission Advisor Greg Rislov; Commission Counsel Rolayne Ailts Wiest; Staff Attorney Karen Cremer; Staff Analysts Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Mary Healy and Michele Farris; and Administrative Secretary Mary Giddings.
Also present were Bob Miller, SD Electric Utility Companies; and Brett Koenecke, Xcel Energy and DirectOne.Com.
Joining the meeting by telephone were Jim Wilcox, Xcel Energy; Joe Schuele, Don Lee, and Dave Saville, Martin Group; Colleen Sevold, Qwest Corporation; and John Coleman, Olsen Thielen & Company.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On December 12 and 27, 2001. (Staff: Mary Giddings.)
Chairman Burg moved to approve the minutes of the Commission meetings held on December 12 and 27, 2001. Commissioner Nelson seconded. Commissioner Sahr abstained. 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. Healy presented an update on inquiries and complaints recently received and an overview of inquiries and complaints received in 2001.
Chairman Burg moved that, if requested by the Complainant, Xcel Energy shall bury the electric line consistent with the terms of its tariff, Section 5.5, Replacement of Overhead with Underground. Commissioner Nelson seconded and Commissioner Sahr abstained. Motion passed 2-0.
Ms. Healy recommended that $1,000 slamming fine and $160.20 for expenses for meals, travel and lost wages be paid by Direct One Com.Long Distance to the Complainant. Commissioner Nelson commented that the Complainant had done a public service by bringing the complaint to the public's attention. Chairman Burg disagreed stating that the Complainant wouldn't have had the expenses if she had settled when the company offered the $1,000 slamming payment.
Commissioner Nelson moved that Direct One Com.Long Distance pay the Complainant $1,000 slamming fine and $160.20 for expenses.
Offering a substitute motion, Chairman Burg moved that Direct One Com.Long Distance pay the $1,000 slamming fine to the Complainant. Motion died for lack of a second.
Commissioner Nelson recommended that action be deferred until Commissioner Sahr is familiar with the docket. Action was deferred.
Ms. Cremer recommended that the complaint be dismissed and the docket closed.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Telecommunications
Action was deferred.
Mr. Senger recommended that the Staff proposed revenue requirement as listed in Staff's memo dated November 21, 2001, be approved.
Chairman Burg moved to approve the revenue requirement. Commissioner Nelson seconded and Commissioner Sahr abstained. Motion passed 2-0.
Don Lee, from the Martin Group, explained the proposed revenue requirement. Ms. Forney recommended that the proposed revenue requirement be approved.
Commissioner Nelson moved to approve the revenue requirement. Chairman Burg seconded and Commissioner Sahr abstained. Motion passed 2-0.
Ms. Cremer, for Mr. Frazier, explained the agreement and recommended that it be denied as C12 Inc. does not have a certificate of authority.
Chairman Burg moved to deny the agreement. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Ms. Cremer, for Mr. Frazier, explained the agreement and recommended it be approved.
Commissioner Nelson moved to approve the agreement. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Ms. Cremer, for Mr. Frazier, recommended that action be deferred as BuyersOnLine has been in contact with the Commission regarding payment of the gross receipt taxes.
Action was deferred.
Meeting adjourned.
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Mary R. Giddings
Administrative Secretary