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South Dakota Public Utilities Commission Meeting
Thursday, May 30, 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 John J. Smith; Staff Attorneys Karen Cremer and Kelly Frazier; Staff Analysts Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Mary Healy and Michele Farris; and Administrative Secretary Mary Giddings.
Also present were Bob Riter, VP Telecom, Inc.; Jim Pribyl and Mike Romano, Level 3 Communications; Dave Gerdes, Direct One, WorldCom, Midcontinent Communications, and Level 3 Communications; Rich Coit, South Dakota Telecommunications Association; Kyle White and Linn Evans, Black Hills Corporation; Darla Pollman Rogers, Beresford Municipal Telephone Co.; and court reporter Cheri McComsey Wittler.
Joining the meeting by telephone were Colleen Sevold, John Munn and Philip Roselli, Qwest Corporation; Janet Browne and Steven Weigler, AT&T; Brad Vanleur and Mike Powers, VP Telecom; Mary Lohnes, Midcontinent Communications; David Prazak, Otter Tail Power Co.; Cindy Grosvenor, TELEC Consulting; Tom Frieberg, Wayne Akland and Jerry Zeimetz, City of Beresford; and Donna Weig, Complainant.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On May 9, 2002. (Staff: Mary Giddings.)
Commissioner Nelson moved to approve the minutes of the Commission meeting held on May 9, 2002. 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. Healy presented an update on inquiries and complaints received since the last Commission meeting.
Mr. Frazier recommended that the Motion to Dismiss be granted without prejudice. Dave Gerdes, representing Direct One Com.Long Distance, stated that if the motion to dismiss is granted, the complainant should be prohibited from seeking relief from the PUC in the future on the grounds the complainant has elected to proceed in Circuit Court. Ms. Healy stated that the PUC hearing date had been set and the complainant was ready to come to the hearing when Mr. Frazier became ill and the hearing was cancelled. Mr. Gerdes further stated that Direct One Com.Long Distance has filed a motion to dismiss in Circuit Court. Commissioner Nelson asked what relief the complainant has if the Circuit Court grants the motion to dismiss. Mr. Gerdes stated that the complainant should not be able to seek relief from the PUC because he had already given up that option. Commissioner Sahr questioned if the complainant should be able to change his mind.
Chairman Burg moved to grant, without prejudice, the Motion to Dismiss. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Ms. Weig stated that they do not want the complaint dismissed because they were slammed by MCI. Dave Gerdes, representing MCI, argued that the third party tape and transcript proves that the change was authorized. Mr. Frazier noted that the complainants agreed to switch service because they were told by the telemarketing representative that MCI and Valley Telco were merging.
Commissioner Nelson moved to deny the Motion to Dismiss. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Colleen Sevold, representing Qwest, explained that Qwest should be dismissed from the complaint because Qwest was only the billing agent for MCI. Dave Gerdes, representing MCI, stated that MCI should be dismissed from the complaint. Mr. Frazier recommended that both the Qwest and the MCI motion to dismiss should be denied.
Chairman Burg moved to deny Qwest's Motion to Dismiss. Commissioner Nelson seconded and Commission Sahr concurred. Motion passed 3-0.
Commissioner Nelson moved to deny MCI's Motion to Dismiss. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Electric
Dave Prazak, representing Otter Tail Power Company, explained the changes to the Released Energy Tariff and requested that the tariff be approved to run for two years instead of the present one year. This renewal would allow Otter Tail to purchase energy from its large customers who curtail their load. Mr. Senger recommended that the tariff change be approved with an effective date of June 15, 2002.
Commission Nelson moved to approve the tariff with a two year contract and with an effective date of June 15, 2002. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications
Mr. Jacobson recommended that the application of Vitcom Corporation for a certificate of authority be approved with restrictions from offering prepaid calling cards, accepting advance payments or customer deposits and subject to rural safeguards.
Chairman Burg moved to grant a Certificate of Authority to Vitcom Corp. with restrictions from offering prepaid calling cards, accepting advance payments or customer deposits and subject to rural safeguards. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Phil Roselli, representing Qwest Corporation; Linn Evans, representing Black Hills FiberCom; Steven Weigler, AT&T; and Dave Gerdes, representing Midcontinent, commented on the procedural schedule of the OSS issue. Ms. Cremer recommended that adequate time be allowed for review of the lengthy filing. Chairman Burg stated that the Commission will take the comments under advisement and will set a procedural schedule of the OSS issue.
Chairman Burg moved to approve the March 7, 2002, agreement. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Frazier recommended that the proposed amendment be approved.
Chairman Burg moved to approve the amendment dated March 8, 2002. Commission Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Frazier recommended that the proposed amendment be approved.
Commissioner Nelson moved to approve the amendment dated March 11, 2002. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Frazier recommended that the proposed amendment be approved.
Chairman Burg moved to approve the amendment dated March 27, 2002. Commission Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Senger recommended that VP Telecom, Inc. be granted a Certificate of Authority to provide interexchange and local exchange telecommunications services in South Dakota with waivers of ARSD 20:10:24:02(8) and ARSD 20:10:24:03(11); subject to a continuous $25,000 surety bond; and subject to rural safeguards.
Commissioner Nelson moved to grant a Certificate of Authority to VP Telecom, Inc. with waivers of ARSD 20:10:24:02(8) and ARSD 20:10:24:03(11); subject to a continuous $25,000 surety bond; and subject to rural safeguards. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Frazier recommended that the April 5, 2002, Amendment to the Interconnection Agreement between Brookings Municipal Utilities d/b/a Swiftel Communications (Swiftel) and Qwest Corporation (Qwest) be approved.
Chairman Burg moved to approve the April 5, 2002, amendment. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Ms. Farris recommended that the National Directory Assistance, LLC application for a Certificate of Authority to provide interexchange telecommunications services in South Dakota be approved with restrictions from offering prepaid calling cards, accepting advance payments or customer deposits and with an effective date of June 10, 2002.
Chairman Burg moved to grant a Certificate of Authority to National Directory Assistance, LLC with restrictions from offering prepaid calling cards, accepting advance payments or customer deposits and with an effective date of June 10, 2002. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Frazier recommended that the April 12, 2002, Amendment to the Interconnection Agreement between Rural Cellular Corporation and Qwest Corporation be granted.
Chairman Burg moved to approve the April 12, 2002, amendment. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Frazier recommended that the proposed amendment be approved.
Commissioner Nelson moved to approve the April 12, 2002, amendment. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Senger recommended that the application of North By NortheastCom LLC for a Certificate of Authority be approved with a waiver of ARSD 20:10:24:02(8); restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; and with an effective date of June 18, 2002.
Commissioner Nelson moved to grant a Certificate of Authority to VP Telecom, Inc. with a waiver of ARSD 20:10:24:02(8); restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; and with an effective date of June 18, 2002.
Rich Coit, representing SDTA, explained the intervention request. Mike Romano, Level 3, stated it did not object to the intervention request. Darla Pollman Rogers, representing the City of Beresford, explained that the motion to dismiss was filed because the Level 3 application does not meet the definition of "local exchange services" and because the application was incomplete. Mike Romano, Level 3, stated it would work with the City of Beresford to make it work. Mr. Frazier stated that he did not support the motion to dismiss because the application is incomplete. Rich Coit, SDTA, supported the motion to dismiss. Commissioner Nelson stated her position that although she dissented in the vote to deny Beresford's motion to dismiss she agreed that Beresford had the right to refile at a later time. Chairman Burg stated that Staff would determine when the application was complete and the time line started.
Chairman Burg moved to grant intervention to SDTA. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Commissioner Nelson moved to grant Beresford's Motion to Dismiss. Motion died for lack of a second.
Chairman Burg moved to deny Beresford's motion to dismiss without prejudice to Beresford's right to renew the motion at a later stage in the proceedings and he further moved that Staff determine when the application is complete. Commissioner Sahr seconded. Commissioner Nelson dissented. Motion passed 2-1.
Chairman Burg moved that the requirement of giving notice to Beresford by Level 3 be deemed satisfied. Commissioner Nelson seconded and Commissioner Sahr concurred.
Motion passed 3-0.
Meeting adjourned.
________________________________________
Mary R. Giddings
Administrative Secretary
South Dakota Public Utilities Commission Meeting
Thursday, May 30, 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 John J. Smith; Staff Attorneys Karen Cremer and Kelly Frazier; Staff Analysts Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Mary Healy and Michele Farris; and Administrative Secretary Mary Giddings.
Also present were Bob Riter, VP Telecom, Inc.; Jim Pribyl and Mike Romano, Level 3 Communications; Dave Gerdes, Direct One, WorldCom, Midcontinent Communications, and Level 3 Communications; Rich Coit, South Dakota Telecommunications Association; Kyle White and Linn Evans, Black Hills Corporation; Darla Pollman Rogers, Beresford Municipal Telephone Co.; and court reporter Cheri McComsey Wittler.
Joining the meeting by telephone were Colleen Sevold, John Munn and Philip Roselli, Qwest Corporation; Janet Browne and Steven Weigler, AT&T; Brad Vanleur and Mike Powers, VP Telecom; Mary Lohnes, Midcontinent Communications; David Prazak, Otter Tail Power Co.; Cindy Grosvenor, TELEC Consulting; Tom Frieberg, Wayne Akland and Jerry Zeimetz, City of Beresford; and Donna Weig, Complainant.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On May 9, 2002. (Staff: Mary Giddings.)
Commissioner Nelson moved to approve the minutes of the Commission meeting held on May 9, 2002. 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. Healy presented an update on inquiries and complaints received since the last Commission meeting.
Mr. Frazier recommended that the Motion to Dismiss be granted without prejudice. Dave Gerdes, representing Direct One Com.Long Distance, stated that if the motion to dismiss is granted, the complainant should be prohibited from seeking relief from the PUC in the future on the grounds the complainant has elected to proceed in Circuit Court. Ms. Healy stated that the PUC hearing date had been set and the complainant was ready to come to the hearing when Mr. Frazier became ill and the hearing was cancelled. Mr. Gerdes further stated that Direct One Com.Long Distance has filed a motion to dismiss in Circuit Court. Commissioner Nelson asked what relief the complainant has if the Circuit Court grants the motion to dismiss. Mr. Gerdes stated that the complainant should not be able to seek relief from the PUC because he had already given up that option. Commissioner Sahr questioned if the complainant should be able to change his mind.
Chairman Burg moved to grant, without prejudice, the Motion to Dismiss. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Ms. Weig stated that they do not want the complaint dismissed because they were slammed by MCI. Dave Gerdes, representing MCI, argued that the third party tape and transcript proves that the change was authorized. Mr. Frazier noted that the complainants agreed to switch service because they were told by the telemarketing representative that MCI and Valley Telco were merging.
Commissioner Nelson moved to deny the Motion to Dismiss. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Colleen Sevold, representing Qwest, explained that Qwest should be dismissed from the complaint because Qwest was only the billing agent for MCI. Dave Gerdes, representing MCI, stated that MCI should be dismissed from the complaint. Mr. Frazier recommended that both the Qwest and the MCI motion to dismiss should be denied.
Chairman Burg moved to deny Qwest's Motion to Dismiss. Commissioner Nelson seconded and Commission Sahr concurred. Motion passed 3-0.
Commissioner Nelson moved to deny MCI's Motion to Dismiss. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Electric
Dave Prazak, representing Otter Tail Power Company, explained the changes to the Released Energy Tariff and requested that the tariff be approved to run for two years instead of the present one year. This renewal would allow Otter Tail to purchase energy from its large customers who curtail their load. Mr. Senger recommended that the tariff change be approved with an effective date of June 15, 2002.
Commission Nelson moved to approve the tariff with a two year contract and with an effective date of June 15, 2002. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications
Mr. Jacobson recommended that the application of Vitcom Corporation for a certificate of authority be approved with restrictions from offering prepaid calling cards, accepting advance payments or customer deposits and subject to rural safeguards.
Chairman Burg moved to grant a Certificate of Authority to Vitcom Corp. with restrictions from offering prepaid calling cards, accepting advance payments or customer deposits and subject to rural safeguards. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Phil Roselli, representing Qwest Corporation; Linn Evans, representing Black Hills FibreCom; Steven Weigler, AT&T; and Dave Gerdes, representing Midcontinent, commented on the procedural schedule of the OSS issue. Ms. Cremer recommended that adequate time be allowed for review of the lengthy filing. Chairman Burg stated that the Commission will take the comments under advisement and will set a procedural schedule of the OSS issue.
Chairman Burg moved to approve the March 7, 2002, agreement. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Frazier recommended that the proposed amendment be approved.
Chairman Burg moved to approve the amendment dated March 8, 2002. Commission Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Frazier recommended that the proposed amendment be approved.
Commissioner Nelson moved to approve the amendment dated March 11, 2002. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Frazier recommended that the proposed amendment be approved.
Chairman Burg moved to approve the amendment dated March 27, 2002. Commission Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Senger recommended that VP Telecom, Inc. be granted a Certificate of Authority to provide interexchange and local exchange telecommunications services in South Dakota with waivers of ARSD 20:10:24:02(8) and ARSD 20:10:24:03(11); subject to a continuous $25,000 surety bond; and subject to rural safeguards.
Commissioner Nelson moved to grant a Certificate of Authority to VP Telecom, Inc. with waivers of ARSD 20:10:24:02(8) and ARSD 20:10:24:03(11); subject to a continuous $25,000 surety bond; and subject to rural safeguards. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Frazier recommended that the April 5, 2002, Amendment to the Interconnection Agreement between Brookings Municipal Utilities d/b/a Swiftel Communications (Swiftel) and Qwest Corporation (Qwest) be approved.
Chairman Burg moved to approve the April 5, 2002, amendment. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Ms. Farris recommended that the National Directory Assistance, LLC application for a Certificate of Authority to provide interexchange telecommunications services in South Dakota be approved with restrictions from offering prepaid calling cards, accepting advance payments or customer deposits and with an effective date of June 10, 2002.
Chairman Burg moved to grant a Certificate of Authority to National Directory Assistance, LLC with restrictions from offering prepaid calling cards, accepting advance payments or customer deposits and with an effective date of June 10, 2002. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Frazier recommended that the April 12, 2002, Amendment to the Interconnection Agreement between Rural Cellular Corporation and Qwest Corporation be granted.
Chairman Burg moved to approve the April 12, 2002, amendment. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Frazier recommended that the proposed amendment be approved.
Commissioner Nelson moved to approve the April 12, 2002, amendment. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Senger recommended that the application of North By NortheastCom LLC for a Certificate of Authority be approved with a waiver of ARSD 20:10:24:02(8); restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; and with an effective date of June 18, 2002.
Commissioner Nelson moved to grant a Certificate of Authority to VP Telecom, Inc. with a waiver of ARSD 20:10:24:02(8); restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; and with an effective date of June 18, 2002.
Rich Coit, representing SDTA, explained the intervention request. Mike Romano, Level 3, stated it did not object to the intervention request. Darla Pollman Rogers, representing the City of Beresford, explained that the motion to dismiss was filed because the Level 3 application does not meet the definition of "local exchange services" and because the application was incomplete. Mike Romano, Level 3, stated it would work with the City of Beresford to make it work. Mr. Frazier stated that he did not support the motion to dismiss because the application is incomplete. Rich Coit, SDTA, supported the motion to dismiss. Commissioner Nelson stated her position that although she dissented in the vote to deny Beresford's motion to dismiss she agreed that Beresford had the right to refile at a later time. Chairman Burg stated that Staff would determine when the application was complete and the time line started.
Chairman Burg moved to grant intervention to SDTA. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Commissioner Nelson moved to grant Beresford's Motion to Dismiss. Motion died for lack of a second.
Chairman Burg moved to deny Beresford's motion to dismiss without prejudice to Beresford's right to renew the motion at a later stage in the proceedings and he further moved that Staff determine when the application is complete. Commissioner Sahr seconded. Commissioner Nelson dissented. Motion passed 2-1.
Chairman Burg moved that the requirement of giving notice to Beresford by Level 3 be deemed satisfied. Commissioner Nelson seconded and Commissioner Sahr concurred.
Motion passed 3-0.
Meeting adjourned.
________________________________________
Mary R. Giddings
Administrative Secretary
