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South Dakota Public Utilities Commission Meeting
Tuesday, July 9, 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. Also 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; Commission Attorney Rolayne Ailts Wiest; Staff Attorney Karen Cremer; Staff Analysts Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Martin Bettmann, Mary Healy and Michele Farris; Legal Secretary Delaine Kolbo; and Administrative Secretary Mary Giddings.
Also present were Jim Berg, Scott Lang, Gary Christenson, Gene Lebrun, James R. Miller, and Russ Mather, Basin Electric Power Cooperative; Robert Miller, SD Electric Utility Companies; John Burke and Barry Crago, S&S Communications; and Rich Coit, SD Telecommunications Association.
Joining the meeting by telephone were Kelly Frazier, Public Utilities Commission Staff Attorney; Linn Evans, Kyle White and Mike Thies, Black Hills Power, Inc.; Pius Fischer, Basin Electric Power Cooperative; Cindy Grosvenor, TELEC Consulting; Marlene Bennett and Don Lee, Martin Group; Rich Horner and John Quandahl, Houlton Enterprises, Inc. d/b/a Guaranteed Phone Service; Virgena and Don Jundt, landowners; Porter Childers, S&S Communications; Don Ball and Stephanie Bosch, Montana-Dakota Utilities Co.; and Natalie Baker, AT&T.
Administration
1. APPROVAL OF THE MINUTES OF THE COMMISSION MEETING HELD ON JUNE 13, 2002. (Staff: Mary Giddings.)
Commissioner Nelson moved to approve the minutes of the Commission meeting held on June 13, 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.
2. IN THE MATTER OF DISMISSING DOCKETS CT02-013 AND CT02-015.
Chairman Burg moved to dismiss the complaints and close the dockets on Dockets CT02- 013 and CT02-015. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Electric
Russ Mather, representing Basin Electric Power Cooperative (Basin Electric), explained the stipulation and the application for a permit to construct transmission facilities. Linn Evans, Black Hills Power, Inc., stated that it agreed with the stipulation. Don Jundt, landowner, argued that the Jundts planned to develop this area and Basin Electric was unnecessarily taking an additional 33' of their property. Russ Mather and Gene Lebrun, Basin Electric, explained that only two landowners (including the Jundts) had not settled and negotiations for an equitable settlement were ongoing. Ms. Farris reviewed the application and recommended that the stipulation be approved. Russ Mather noted that some changes in line location had been made to accommodate landowners.
Commissioner Nelson moved to approve the stipulation. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Farris recommended that the contract with deviations be approved effective July 1, 2002.
Chairman Burg moved to approve the contract with deviations effective July 1, 2002. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Don Ball, representing Montana-Dakota Utilities Co., explained the filing. Chairman Burg noted that the cogeneration rates had not been used in 20 years and invited the company to file tariff revisions to require filing only as necessary.
Chairman Burg moved to approve the filing. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Jacobson noted that the application for approval of a contract with deviations to serve the City of Brandt was filed late but recommended that the Otter Tail Power Company contract with deviations be approved with an effective date of July 1, 2002.
Chairman Burg moved to approve the contract with deviations with an effective date of July 1, 2002. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Telecommunications
Action was deferred.
Rich Horner, representing Houlton Enterprises, Inc. d/b/a Guaranteed Phone Service (GPS), explained the application for a certificate of authority. GPS will provide service to high credit risk customers. Mr. Senger noted that the $25,000 bond has not been received and recommended that the certificate of authority be approved subject to rural safeguards and with an effective date of July 20, 2002, but restricting service until the $25,000 surety bond has been received.
Commissioner Nelson moved to grant a certificate of authority to Houlton Enterprises, Inc. d/b/a Guaranteed Phone Service subject to rural safeguards, a continuous $25,000 surety bond, with an effective date of July 20, 2002, and restricting service until the $25,000 surety bond has been received. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Frazier recommended that the May 20, 2002, amended agreement be approved.
Chairman Burg moved to approve the May 20, 2002, agreement. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
John Burke, representing S&S Communications, explained the petition to intervene. Natalie Baker, representing AT&T, requested that it be allowed to intervene at this time. Ms. Cremer had no objections. Rich Coit, representing SD Telecommunications Association, objected to AT&T's late intervention unless it is properly filed.
Commissioner Nelson moved to grant intervention to S&S Communications. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Commissioner Nelson moved to assess a filing fee not to exceed $100,000 with an initial assessment of $1,000. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
John Burke, representing S&S Communications, explained the petition to intervene.
Chairman Burg moved to grant intervention to S&S Communications. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Chairman Burg moved to assess a filing fee not to exceed $100,000 with an initial assessment of $1,000. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
John Burke, representing S&S Communications, explained the petition to intervene.
Chairman Burg moved to grant intervention to S&S Communications. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Chairman Burg moved to assess a filing fee not to exceed $100,000 with an initial assessment of $1,000. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Linn Evans, representing Black Hills FiberCom, Inc., explained the amended agreement.
Commissioner Nelson moved to approve the June 10, 2002, amended agreement. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
John Burke, representing S&S Communications, explained the petition to intervene.
Commissioner Nelson moved to grant intervention to S&S Communications. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Commissioner Nelson moved to assess a filing fee not to exceed $100,000 and with an initial assessment of $1,000. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
9. TC02-063 IN THE MATTER OF THE FILING BY ESSEX COMMUNICATIONS, INC. D/B/A ELEC COMMUNICATIONS FOR APPROVAL OF RELIEF OF CERTIFICATION REQUIREMENT TO POST SURETY BOND. (Staff Analyst: Keith Senger. Staff Attorney: Kelly Frazier.)
Mr. Senger explained the Essex Communications, Inc. d/b/a eLEC Communications (Essex) request seeking relief from the Commission's $25,000 surety bond requirement and recommended that Essex be restricted from offering prepaid calling cards, accepting advance payments or customer deposits without prior approval of the Commission.
Chairman Burg moved to grant relief of the $25,000 bond requirement to Essex and he further moved to restrict Essex from offering prepaid calling cards, accepting advance payments or customer deposits. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
John Burke, representing S&S Communications, explained the petition to intervene.
Chairman Burg moved to grant intervention to S&S Communications. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Chairman Burg moved to assess a filing fee not to exceed $100,000 with an initial assessment of $1,000. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
John Burke, representing S&S Communications, explained the petition to intervene.
Chairman Burg moved to grant intervention to S&S Communications. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Chairman Burg moved to assess a filing fee not to exceed $100,000 with an initial assessment of $1,000. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
John Burke, representing S&S Communications, explained the petition to intervene.
Chairman Burg moved to grant intervention to S&S Communications. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Chairman Burg moved to assess a filing fee not to exceed $100,000 with an initial assessment of $1,000. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
John Burke, representing S&S Communications, explained the petition to intervene.
Commissioner Nelson moved to grant intervention to S&S Communications. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Commissioner Nelson moved to assess a filing fee not to exceed $100,000 with an initial assessment of $1,000. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
John Burke, representing S&S Communications, explained the petition to intervene.
Commissioner Nelson moved to grant intervention to S&S Communications. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Commissioner Nelson moved to assess a filing fee not to exceed $100,000 with an initial assessment of $1,000. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Meeting adjourned.
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Mary R. Giddings
Administrative Secretary
