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South Dakota Public Utilities Commission Meeting
Wednesday, April 17, 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, Mary Healy and Michele Farris; and Administrative Secretary Mary Giddings.
Also present were Kevin Kouba, Otter Tail Power Company; Rich Coit, South Dakota Telecommunications Association; and Bob Miller, South Dakota Electric Utility Companies.
Joining the meeting by telephone were Bill Heaston, McLeodUSA Telecommunications Services, Inc.; Jeff Carmon, Qwest Corporation; and Marv Sorenson, MidAmerican Energy Company.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On March 28, 2002, am and March 28, 2002 pm. (Staff: Mary Giddings.)
Chairman Burg moved to approve the minutes of the March 28, 2002, Commission meeting.
Commissioner Sahr seconded and Commissioner Nelson 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 CT01-046, CT02-007, CT02-008 and CT02-009.
Chairman Burg moved to dismiss the complaints and close the dockets in CT01-046, CT02- 007, CT02-008 and CT02-009. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Electric
Mr. Jacobson recommended that the contract with deviations be approved.
Chairman Burg moved to approve the Contract with Deviations. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Gas and Electric
Ms. Forney recommended that the information pamphlet be approved.
Commissioner Nelson moved to approve the information pamphlet. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Natural Gas
Marv Sorenson, representing MidAmerican Energy Company, requested that Valley Springs and Corson be added to update the listing of communities MidAmerican provides natural gas service to in South Dakota.
Chairman Burg moved to approve the tariff revisions. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Telecommunications
Action was deferred.
Chairman Burg gave the following background information: "At a regularly scheduled March 28, 2002, meeting, Commission Staff requested clarification from the Commission on the necessity for Excel to amend its current Certificate of Authority in order to provide facilities-based local exchange service. In the order from Docket TC96-099, the Commission granted Excel a Certificate of Authority to provide 'local exchange services.' Action was deferred."
Chairman Burg moved that, under the current certificate of authority, Excel does not need Commission approval to provide facilities-based local exchange service. He further moved to close the docket. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Farris recommended that the docket be closed.
Chairman Burg moved to close the docket. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Ms. Farris recommended that the proposed tariff be approved with the exemption from establishing company specific cost-based switched access rates and a waiver of the use of the formula in ARSD 20:10:27:12.
Commissioner Nelson moved to approve the tariff with the exemption from establishing company specific cost-based switched access rates and a waiver of ARSD 20:10:27:12. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Farris recommended that Kiger Telephone & Telephony, LLC be granted a Certificate of Authority with a waiver of ARSD 20:10:24:02(8); restrictions from offering prepaid calling cards, advance payments or customer deposits; and with an effective date of May 20, 2002.
Commissioner Nelson moved to grant a Certificate of Authority to Kiger Telephone & Telephony, LLC with a waiver of ARSD 20:10:24: 02(8); restrictions from offering prepaid calling cards, accepting advance payments or customer deposits; and with an effective date of May 20, 2002. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Addendum
Telecommunications
Ms. Wiest recommended that the proposed agreement be approved.
Chairman Burg moved to approve the agreement. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Ms. Wiest recommended that the proposed amendment be approved.
Chairman Burg moved to approve the amendment. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Wiest recommended that the proposed amendment be approved.
Commissioner Nelson moved to approve the amendment. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Meeting adjourned.
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Mary R. Giddings
Administrative Secretary