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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.

2. CE01-002 IN THE MATTER OF THE COMPLAINT FILED BY DALE RIEDLINGER, SIOUX FALLS, SOUTH DAKOTA, AGAINST XCEL ENERGY REGARDING POOR MAINTENANCE SERVICE. (Staff Analyst: Mary Healy. Staff Attorney: Kelly Frazier.)

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.

3. CT01-029 IN THE MATTER OF THE COMPLAINT FILED BY GAYLE G. FOUNTAIN, FLANDREAU, SOUTH DAKOTA, AGAINST DIRECT ONE COM.LONG DISTANCE REGARDING UNAUTHORIZED BILLING FOR SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Kelly Frazier.)

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.

4. CT01-053 IN THE MATTER OF THE COMPLAINT FILED BY JENSEN ROCK & SAND, MOBRIDGE, SOUTH DAKOTA, AGAINST MCI WORLDCOM REGARDING UNAUTHORIZED BILLING FOR SERVICES. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)

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

1. TC01-075 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR VIVIAN TELEPHONE COMPANY. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Action was deferred.

2. TC01-082 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR JAMES VALLEY COOPERATIVE TELEPHONE COMPANY AND ACCENT COMMUNICATIONS, INC. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

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.

3. TC01-087 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR VALLEY TELECOMMUNICATIONS COOPERATIVE ASSOCIATION, INC. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

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.

4. TC01-149 IN THE MATTER OF THE FILING FOR APPROVAL OF A RESALE AGREEMENT BETWEEN QWEST CORPORATION AND CI2 INC. (Staff Attorney: Kelly Frazier.)

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.

5. TC01-189 IN THE MATTER OF THE FILING FOR APPROVAL OF A RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN BROOKINGS MUNICIPAL UTILITIES d/b/a SWIFTEL COMMUNICATIONS AND MCLEODUSA TELECOM DEVELOPMENT, INC. AND DAKOTA COMMUNITY TELEPHONE, INC. (Staff Attorney: Kelly Frazier.)

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.

6. TC01-191 IN THE MATTER OF THE PETITION FOR AN ORDER TO SHOW CAUSE AS TO WHY BUYERSONLINE SHOULD NOT BE FOUND TO BE IN VIOLATION OF THE LAWS OF THE STATE OF SOUTH DAKOTA. (Staff Attorney: Kelly Frazier.)

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.

_____________________________________________
Mary R. Giddings
Administrative Secretary