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South Dakota Public Utilities Commission Meeting
Tuesday, February 26, 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 Counsels Rolayne Ailts Wiest and John J. Smith; Staff Attorneys Karen Cremer and Kelly Frazier; Staff Analysts Dave Jacobson, Harlan Best, Keith Senger and Mary Healy; and Administrative Secretary Mary Giddings.
Joining the meeting by telephone were Jeff Davis, MidAmerican Energy Company; Colleen Sevold, Qwest; and David Kline, TC & F representing QX Telecom LLC.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On February 5, 2002. (Staff: Mary Giddings.)
Chairman Burg moved to approve the minutes of the February 5, 2002, Commission meeting. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
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 received since the last Commission meeting.
2. IN THE MATTER OF DISMISSING DOCKETS CT01-057, CT01-060, CT02-002, CT02- 004, and CT02-005.
CT02-005 IN THE MATTER OF THE COMPLAINT FILED BY JACKIE DANIELS, SIOUX FALLS, SOUTH DAKOTA, AGAINST AT&T COMMUNICATIONS OF THE MIDWEST, INC. AND QWEST CORPORATION REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Karen E. Cremer.)
Chairman Burg moved to dismiss the complaints and close the dockets on Dockets CT01- 057, CT01-060, CT02-002, CT02-004, and CT02-005. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Electric
Ms. Cremer, for Ms. Farris, explained the service territory agreement and recommended that the request for approval of the service territory agreement be approved.
Commissioner Nelson moved to approve the service territory agreement. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Jeff Davis, representing MidAmerican Energy Company, explained the tariff revision. He requested that the pilot program, Short Term Interruptible Energy Service, be approved as permanent with the filing requirement changed from semiannual to annual. Mr. Senger noted that MidAmerican had complied with all prior reporting requirements and recommended approval.
Commissioner Sahr moved to approve the tariff revisions with annual filings. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunication
Mr. Frazier, for Ms. Forney, explained the application and recommended that it be approved with waivers of ARSD 20:10:32:03(10) and (11a); with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; subject to rural safeguards; and limited to providing nonvoice switched local service.
Commissioner Nelson moved to grant a Certificate of Authority to Contact Communications, Inc. with waivers of ARSD 20:10:32:03(10) and (11a); with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; subject to rural safeguards; and limited to providing nonvoice switched local service. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Frazier, for Ms. Forney, recommended that Norcom, Inc. be granted a Certificate of Authority with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; and with an effective date of March 12, 2002.
Commissioner Nelson moved to grant a Certificate of Authority to Norcom, Inc. with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; and with an effective date of March 12, 2002. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Senger recommended that ECI Communications, Inc. be granted a Certificate of Authority with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; and with an effective date of March 25, 2002.
Chairman Burg moved to grant a Certificate of Authority to ECI Communications, Inc. with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; and with an effective date of March 25, 2002. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Frazier recommended that the amendment be approved.
Commissioner Nelson moved to approve the amendment. Commissioner Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Frazier recommended that the amendment be approved.
Chairman Burg moved to approve the amendment. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Frazier recommended that the amendment be approved.
Commissioner Sahr moved to approve the amendment. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Frazier, for Ms. Farris, noted that Z-tel was in danger of losing its $25,000 bond as of March 1, 2002. At this time Z-tel does not have any South Dakota customers. Mr. Frazier recommended that the bond requirement be eliminated and that Z-tel be restricted from offering prepaid calling cards, accepting advance payments or customer deposits without prior approval of the Commission.
Commissioner Sahr moved to eliminate the $25,000 bond requirement and he further moved to restrict Z-tel from offering prepaid calling cards, accepting advance payments or customer deposits without prior approval of the Commission. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
David Klein, representing QX Telecom LLC, explained that it was difficult to obtain a bond since September 11 hat the bond was in the mail. Mr. Senger stated that Staff had been waiting several months for the bond and recommended that the Certificate of Authority be denied. David Klein requested that action be deferred until the next Commission meeting. Action was deferred.
Meeting adjourned.
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Mary R. Giddings
Administrative Secretary
