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South Dakota Public Utilities Commission Meeting
Thursday, March 28, 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 Attorney Karen Cremer; Staff Analysts Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Martin Bettmann, and Michele Farris; and Administrative Secretary Mary Giddings.
Also present were John Munn and Colleen Sevold, Qwest Corporation; Tim Thomas, Black Hills FiberCom; Dave Gerdes, Midcontinent Communications; Rich Coit, South Dakota Telecommunications Association; and Cheri McComsey Wittler, court reporter.
Joining the meeting by telephone were Linn Evans, Black Hills Power, Inc.; Mary Lohnes, Midcontinent Communications; Dan Davis, TELEC Consulting; Tom Frieberg, Jay Nordquist, Jerry Zeimetz, and Wayne Akland, City of Beresford; Curt Dieren, DGR & Associates for the City of Beresford; Steven Weigler and Janet Browne, AT&T; Jeff Carmon, Mary Hobson, Tom Welk and Larry Toll, Qwest Corporation; and Joe Schuele, Martin Group.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On February 26, and March 14, 2002. (Staff: Mary Giddings.)
Commissioner Nelson moved to approve the minutes of the February 26 and March 14, 2002, Commission meetings. Commissioner Sahr seconded and Chairman Burg 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. Forney, for Ms. Healy, presented an update on inquiries and complaints received since the February 26, 2002, Commission meeting.
2. IN THE MATTER OF DISMISSING DOCKETS CN02-001, CT02-003 and CT02-006.
Ms. Cremer recommended that the complaints be dismissed and the dockets closed.
Commissioner Nelson moved to dismiss the complaints and close dockets CT02-003 and CT02-006. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Electric
Chairman Burg moved to grant intervention to Black Hills Power, Inc. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Curt Dieren, engineer with DGR & Associates, explained the petition for a declaratory ruling. Ms. Farris recommended that the Commission find that a permit is not needed.
Chairman Burg moved that the Commission find that a permit is not needed to construct the line. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Telecommunications
Action was deferred.
Mr. Senger recommended QX Telecom LLC be granted a Certificate of Authority subject to a continuous $25,000 surety bond and with a waiver of ARSD 20:10:24:02(8).
Chairman Burg moved to grant a Certificate of Authority to Q X Telecom LLC. subject to a continuous $25,000 surety bond and with a waiver of ARSD 20:10:24:02(8). Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Ms. Forney recommended that a Certificate of Authority be granted with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits.
Commissioner Nelson moved to grant a Certificate of Authority to NUI Telecom, Inc. with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Action was deferred.
Dave Gerdes, representing Midcontinent Communications, stated it did not object to Beresford Municipal Telephone Company's petition to intervene.
Chairman Burg moved to grant intervention to Beresford Municipal Telephone Company. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Senger explained that New Edge Network, Inc.'s $25,000 surety bond was cancelled and recommended that New Edge Network, Inc. be restricted from offering prepaid calling cards, accepting advance payments and customer deposits.
Chairman Burg moved to approve an amendment to the conditions of the Certificate of Authority of New Edge Network, Inc. to remove the requirement of a continuous $25,000 bond and to substitute restrictions from offering prepaid calling cards, accepting advance payments and customer deposits. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Commissioner Sahr moved to approve the amendment to the interconnection agreement. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mary Hobson, Qwest Communications, requested that the Commission allow a document to be removed from the Commission record. There were no objections. Dave Gerdes, Midcontinent Communication, Tim Thomas, Black Hills FiberCom, Steven Weigler, AT&T, and John Munn, Qwest Corporation, addressed the motions regarding Track A analysis and responded to questions from the Commissioners and Staff. Ms. Wiest recommended that additional time be scheduled for the hearing. Ms. Cremer stated the parties would try to determine a schedule for the issues and report back to the Commission.
Chairman Burg moved to grant Qwest's motion to Remove a Document from the Commission Record. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Commissioner Nelson moved that the Commission grant Midcontinent Communication's motion that Qwest may not rely solely on its SGAT but should also use interconnection agreements and other evidence to prove compliance with the checklist items. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Meeting adjourned.
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Mary R. Giddings, Administrative Secretary
