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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.

CT01-046 IN THE MATTER OF THE COMPLAINT FILED BY BONNIE G. CEROLL, SISSETON, SOUTH DAKOTA, AGAINST GLOBAL CROSSING TELECOMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Karen Cremer.)

CT02-007 IN THE MATTER OF THE COMPLAINT FILED BY KOEHN MARKETING, INC., WATERTOWN, SOUTH DAKOTA, AGAINST QWEST CORPORATION AND MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. REGARDING POOR CUSTOMER SERVICE. (Staff: Mary Healy. Staff Attorney: Kelly Frazier.)

CT02-008 IN THE MATTER OF THE COMPLAINT FILED BY TYLER AND DEE HAUGEN, STURGIS, SOUTH DAKOTA, AGAINST QWEST CORPORATION REGARDING UNAUTHORIZED BILLING FOR SERVICES AND POOR QUALITY OF CUSTOMER SERVICE. (Staff Analyst: Mary Healy. Staff Attorney: Kelly Frazier.)

CT02-009 IN THE MATTER OF THE COMPLAINT FILED BY DONALD L. BEANER, PARKER, SOUTH DAKOTA, AGAINST EXCEL TELECOMMUNICATIONS, INC., MCIWORLDCOM AND SIOUX VALLEY TELEPHONE COMPANY REGARDING UNAUTHORIZED BILLING FOR SERVICES AND FAILURE TO SWITCH PROVIDERS. (Staff: Mary Healy. Staff Attorney: Karen Cremer.)

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

1. EL02-005 IN THE MATTER OF THE FILING BY OTTER TAIL POWER COMPANY FOR APPROVAL OF A CONTRACT WITH DEVIATIONS WITH THE CITY OF OLDHAM. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

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

1. GE02-001 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF REVISED RESIDENTIAL AND COMMERCIAL CUSTOMER INFORMATION PAMPHLET. (Staff Analyst: Heather Forney. Staff Attorney: Kelly Frazier.)

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

1. NG02-001 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF TARIFF REVISIONS. (Staff Analyst: Dave Jacobson. Staff Attorney: Kelly Frazier.)

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

1. TC01-158 IN THE MATTER OF THE APPLICATION OF TELEGENIUS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Kelly Frazier.)

Action was deferred.

2. TC02-015 IN THE MATTER OF THE APPLICATION OF EXCEL TELECOMMUNICATIONS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE COMPETITIVE FACILITIES-BASED LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Kelly Frazier.)

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.

3. TC02-016 IN THE MATTER OF THE FILING BY Z-TEL COMMUNICATIONS, INC. FOR APPROVAL OF PETITION FOR RELIEF OF CERTIFICATION REQUIREMENT TO POST SURETY BOND. (Staff Analyst: Michele Farris. Staff Attorney: Kelly Frazier.)

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.

4. TC02-017 IN THE MATTER OF THE FILING BY MCLEODUSA TELECOM DEVELOPMENT, INC. FOR APPROVAL OF ITS INTRASTATE SWITCHED ACCESS TARIFF AND FOR AN EXEMPTION FROM DEVELOPING COMPANY SPECIFIC COST-BASED SWITCHED ACCESS RATES. (Staff Analyst: Michele M. Farris. Staff Attorney: Karen Cremer.)

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.

5. TC02-026 IN THE MATTER OF THE APPLICATION OF KIGER TELEPHONE & TELEPHONY, LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Kelly Frazier.)

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

1. TC02-012 IN THE MATTER OF THE FILING FOR APPROVAL OF A RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN WWC LICENSE L.L.C. AND NORTHERN VALLEY COMMUNICATIONS, LLC. (Staff Attorney: Kelly Frazier.)

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.

2. TC02-020 IN THE MATTER OF THE FILING FOR APPROVAL OF AN AMENDMENT TO AN INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION AND DIECA COMMUNICATIONS, INC. D/B/A COVAD COMMUNICATIONS COMPANY. (Staff Attorney: Kelly Frazier.)

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.

3. TC02-021 IN THE MATTER OF THE FILING FOR APPROVAL OF AN AMENDMENT TO AN INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION AND NEW EDGE NETWORK, INC. D/B/A NEW EDGE NETWORKS. (Staff Attorney: Kelly Frazier.)

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