072302

Public Utilities Commission
Capitol Building, 1st floor
500 E. Capitol Ave.
Pierre, SD 57501-5070
Phone: (605) 773-3201

Commission Minutes | previous page

South Dakota Public Utilities Commission Meeting
Tuesday, July 23, 2002; 1:30 P.M.
State Capitol Building, Room 412
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Jim Burg called the meeting to order. Also present were Commissioner Pam Nelson; Commissioner Bob Sahr; Executive Director Debra 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; and Administrative Secretary Mary Giddings.

Also present were Jim Wilcox and Gail Baranke, Xcel Energy; and Peter Daly, Power System Engineering, Inc.

Joining the meeting by telephone were Linn Evans, Black Hills FiberCom; Cindy Grosvenor and Wendell Aanerud, TELEC Consulting; Brad Bayliff, Casey & Gentz for Ionex Communications North, Inc.; Jamie Miller, Kurt Scheiner, Bob Bouquet and Alisa Head, Ionex Communications North, Inc.; Joe Schuele, Marlene Bennett and Dave Saville, Martin Group; Colleen Sevold, Qwest Corporation; Carrie Rice, Hickory Tech; and John Burke, S&S Communications.

Administration

1. APPROVAL OF THE MINUTES OF THE COMMISSION MEETING HELD ON JULY 9, 2002. (Staff: Mary Giddings.)

Chairman Burg moved to approve the minutes of the Commission meeting held on July 9, 2002. 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 CE02-002, CT02-018 AND CT02-022.

CE02-002 IN THE MATTER OF THE COMPLAINT FILED BY TANYA STAHL, HURON, SOUTH DAKOTA, AGAINST NORTHWESTERN PUBLIC SERVICE COMPANY REGARDING DENIED SERVICE. (Staff Analyst: Mary Healy. Staff Attorney: Kelly Frazier.)

CT02-018 IN THE MATTER OF THE COMPLAINT FILED BY THE LOYAL ORDER OF MOOSE, BELLE FOURCHE, SOUTH DAKOTA, AGAINST UKI COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Karen Cremer.)

CT02-022 IN THE MATTER OF THE COMPLAINT FILED BY MARK & SUE CICHOS, PIERRE, SOUTH DAKOTA, AGAINST UKI COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Karen Cremer.)

Chairman Burg moved to dismiss the complaints and close the dockets on Dockets CE02- 002, CT02-018 and CT02-022. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.

Telecommunications

1. TC01-163 IN THE MATTER OF THE APPLICATION OF BAK COMMUNICATIONS, 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 the restrictions from offering prepaid calling cards, accepting advance payments or customer deposits be removed from its certificate of authority because the $25,000 surety bond is now in place.

Chairman Burg moved to accept the $25,000 surety bond of BAK Communications, LLC and to remove the restrictions from offering prepaid calling cards, accepting advance payments or customer deposits. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.

2. TC02-013 IN THE MATTER OF THE APPLICATION OF BUYERS UNITED, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Kelly Frazier.)

Ms. Farris stated that Buyers United, Inc. had not responded to Staff's data requests and recommended that the certificate of authority be denied.

Chairman Burg moved to deny a certificate of authority to Buyers United, Inc. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.

3. TC02-040 IN THE MATTER OF THE FILING BY IONEX COMMUNICATIONS NORTH, INC. FOR APPROVAL OF ITS INTRASTATE SWITCHED ACCESS TARIFF AND FOR AN EXEMPTION FROM DEVELOPING COMPANY SPECIFIC COST-BASED SWITCHED ACCESS RATES. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Kurt Scheiner, representing Ionex Communications North, Inc., explained the tariff and requested an exemption from developing company-specific cost-based switched access rates. Ms. Forney recommended that the tariff be approved with waivers of ARSD 20:10:27:07 and ARSD 20:10:27:12 and, at the end of three years, the waivers must be extended or cost-based rates must be filed.

Chairman Burg moved to approve the tariff with exemptions from ARSD 20:10:27:07 and ARSD 20:10:27:12 and with the stipulation that, at the end of three years, the waivers must be extended or cost-based rates must be filed. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.

4. TC02-059 IN THE MATTER OF THE APPLICATION OF WHOLESALE CARRIER SERVICES, INC. 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 Wholesale Carrier Services, Inc. be granted a certificate of authority with a waiver of ARSD 20:10:24:02(8) and with an effective date of August 12, 2002.

Chairman Burg moved to grant a certificate of authority to Wholesale Carrier Services, Inc. with a waiver of ARSD 20:10:24:02(8) and with an effective date of August 12, 2002. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.

5. TC02-070 IN THE MATTER OF THE FILING BY THE LOCAL EXCHANGE CARRIERS ASSOCIATION FOR APPROVAL OF TARIFF REVISIONS. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

John Burke, representing S&S Communications, stated that the petition to intervene had been withdrawn.

6. TC02-071 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR BALTIC TELECOM COOPERATIVE. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

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.