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South Dakota Public Utilities Commission Meeting
Thursday, January 16, 2003; 2:00 p.m.
State Capitol Building, Room 464
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Jim Burg called the meeting to order. Also present were Commissioner Gary Hanson; Commissioner Bob Sahr; Executive Director Pam Bonrud; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Counsel John Smith; Commission Attorney Rolayne Ailts Wiest; Staff Attorney Kelly Frazier; Staff Attorney Karen Cremer; Staff Analysts Dave Jacobson, Harlan Best, Martin Bettmann, Bonnie Bjork, Keith Senger, and Michele Farris; Transportation/Warehouse Director Bob Knadle; Judy Page, Warehouse Administrator; and Administrative Secretary Tina Douglas.
Also present were David Gerdes, representing both Montana Dakota Utilities and MCI WorldCom; Bob Miller, South Dakota Electric Utility Cooperative; Larry Toll, Qwest; and Bob Mercer, Capital Journal.
Joining the meeting by telephone were Jeff Davis, Teresa Anderson, Gretta Knight, Barb Coughlin, and Karen Huizenga, MidAmerican Energy Company; Colleen Sevold, Qwest Corporation; Janet Browne, AT&T; Ron Spangler, Otter Tail Power Company; Joe Schuele, Martin Group; Mark Stacy, QSI Consulting; Regina Akers, Sprint; and Meredith Moore, representing the Complainant, Christopher A. Cutler on behalf of Recreational Adventures Co.
Addendum
1. ELECTION OF A CHAIRMAN AND VICE-CHAIRMAN OF THE COMMISSION. (GENERAL COUNSEL: JOHN SMITH.)
South Dakota Codified Law 49-1-8 states in part that, "The members of the Commission shall elect a chairperson by majority vote and prescribe his duties." SDCL 49-1-12 requires that, "Every vote and official action of the Public Utilities Commission shall be entered of record and its proceedings shall be public upon the request of either party or any person interested." Accordingly, the determination of the Commission's leadership structure shall be made at this public meeting.
Commissioner Hanson moved to elect Robert Sahr as Chairman. Commissioner Burg seconded. Motion passed.
Chairman Sahr moved to elect Gary Hanson as Vice-Chairman. Commissioner Burg seconded. Motion passed.
Chairman Sahr thanked Commissioner Burg for the excellent job he has done as Chairman. Chairman Sahr welcomed new personnel: Gary Hanson, Commissioner; Pam Bonrud, Executive Director; Bonnie Bjork, Staff Analyst; Judy Page, Warehouse Administrator; and Steve Wegman, Staff Analyst. Chairman Sahr also announced that Heather Forney is the new Deputy Executive Director.
Administration
1. APPROVAL OF THE MINUTES OF THE COMMISSION MEETING HELD ON DECEMBER 19, 2002, AND JANUARY 2, 2003. (Staff: Tina Douglas.)
Commissioner Hanson moved to approve the minutes of the Commission meetings held on December 2, 2002, and January 2, 2003. Commissioner Burg seconded and Chairman Sahr concurred. Motion passed 3-0.
Consumer Issues
1. STATUS REPORT ON CONSUMER UTILITY INQUIRIES AND COMPLAINTS RECENTLY RECEIVED BY THE COMMISSION. (Staff Analyst: Mary Healy.)
Mr. Frazier presented an update on inquiries and complaints received since the last Commission meeting.
2. IN THE MATTER OF DISMISSING DOCKETS CT02-035; CT02-042; CT02-046
Commissioner Hanson moved to dismiss the complaints and close dockets CT02-035, CT02-042, CT02-046. Commissioner Burg seconded and Chairman Sahr concurred. Motion passed 3-0.
Mr. Smith recommended that action on this complaint be deferred. The Commission received a faxed document from Steve Weigler, representing AT&T, at 1:00 p.m. today regarding a recent court decision pertinent to this complaint and the Commission will need time to review this document. Meredith Moore, representing Christopher A. Cutler, on behalf of Recreational Adventures Co., agreed to deferring this action. Action was deferred.
Electric
Ron Spangler, representing Otter Tail Power Company, explained the Application by Otter Tail Power Company for approval of a contract with deviations with the City of LaBolt. The current municipal contract providing electrical service expires February 7, 2003. The new contract is proposed to remain in effect for 10 years. Mr. Jacobson recommended that the contract with deviations be approved.
Commissioner Burg moved to approve the contract with deviations. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
Jeff Davis, representing MidAmerican Energy Company, explained the Application by MidAmerican Energy Company to revise its disconnect notice including a version of the notice that displays a message regarding the amount of non-utility charges on the account. The company states this language is being added to reduce customer misunderstanding over utility and non-utility charges as they relate to disconnection. Commissioner Burg stated he was concerned that the customer would not be able to understand the notice. Teresa Anderson, representing MidAmerican Energy Company, stated the notice has been tried in other states and is working. Mr. Jacobson, stated that this notice would only go out to customers that have non-utility charges, and this message will be computer generated and it can be discontinued if it causes confusion for the customers. Mr. Jacobson recommended approval of the tariff revisions. Commissioner Sahr asked if MidAmerican would track this notice, and MidAmerican stated it would track this notice and if problems arise would discontinue the use of this notice.
Commissioner Burg moved to approve the tariff revisions in EL02-027 and also to approve NG02- 012 (see below). Chairman Sahr seconded and Commissioner Hanson concurred. Motion passed 3-0.
Natural Gas
David Gerdes representing Montana-Dakota Utilities Co., explained the Application by Montana-Dakota Utilities Co. (MDU) for approval of a general increase in rates in its Black Hills service territory. MDU proposes to increase rates for natural gas service in its Black Hills service territory by $2,173,380 or approximately 5.8% effective upon final disposition of the docket. Mr. Jacobson recommended that a filing fee be deposited as established by the Executive Director up to the statutory limit of $100,000.00, and recommended that the Commission suspend the proposed rates of MDU in this case for 90 days beyond the January 30, 2003, and that the intervention deadline of February 7, 2003, as set forth in the weekly filings' notice of January 2, 2003, be included in this Order.
Commissioner Hanson moved that a filing fee be deposited as established by the Executive Director up to the statutory limit of $100,000.00, and recommended that the Commission suspend the proposed rates of MDU in this case for 90 days beyond the January 30, 2003, and that the intervention deadline of February 7, 2003, as set forth in the weekly filings' notice of January 2, 2003, be included in this Order. Commissioner Burg seconded and Chairman Sahr concurred. Motion passed 3-0.
This is an Application by MidAmerican Energy Company to revise its disconnect notice including a version of the notice that displays a message regarding the amount of non-utility charges on the account. The company states this language is the same as the language for electric disconnect notices in EL02- 027 and is being added to reduce customer misunderstanding over utility and non-utility charges as they relate to disconnection.
Commission approved this tariff revision in a motion with EL02-027(see above).
Telecommunications
On October 28, 2002, CI2, Inc. filed an application for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. The applicant intends to provide resold intrastate telecommunications services throughout South Dakota. Ms. Farris recommended the company be permitted to withdraw its application.
Commissioner Burg moved to grant the withdrawal in TC02-172. Chairman Sahr seconded and Commissioner Hanson concurred. Motion passed 3-0.
On November 7, 2002, the Commission received a filing of an Agreement for terms and conditions for interconnection, unbundled network elements, ancillary services, and resale of telecommunication services provided by Qwest Corporation in the State of South Dakota (Qwest) to MCIMetro Access Transmission Services, LLC (Third Revision September 24, 2002). According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will offer and provide to any requesting CLEC network interconnection, access to unbundled network elements, ancillary services and telecommunications services available for resale within the geographical areas in which Qwest is providing local exchange service at that time and for which Qwest is the incumbent local exchange carrier within the State of South Dakota for purposes of providing local telecommunications services. Qwest had no comment. Mr. Frazier stated that the Agreement has been properly filed, no comments were filed, and recommends approval.
Chairman Sahr moved to approve the proposed agreement in TC02-183. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
On December 19, 2002, the Commission received a filing of a Type 1 and Type 2 Paging Connection Service Agreement between Qwest Corporation f/k/a U S WEST Communications, Inc. (Qwest) and Western Communications, Inc. for the State of South Dakota. According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will offer and provide to any requesting CLEC network, interconnection, access to unbundled network elements, ancillary services and telecommunications services available for resale within the geographical areas in which Qwest is providing local exchange service at that time and for which Qwest is the incumbent local exchange carrier within the State of South Dakota for purposes of providing local telecommunications services. Qwest had no comment. Mr. Frazier stated that the Agreement has been properly filed, no comments were filed, and recommends approval.
Chairman Sahr moved to approve the proposed agreement in TC02-208. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
Administration
1. IN THE MATTER OF THE CONTRACT WITH QSI CONSULTING. (Staff Analyst: Harlan Best.)
Mark Stacy, representing QSI Consulting, explained QSI's request for a contract amendment to increase the authorized amount in the current contract by $15,000.00 and to extend the contract for an additional year. These amendments are to adjust for the additional services needed to address Qwest's revised cost filing. Harlan Best recommended approval of the amendment to the contract amount and extension of the expiration date.
Chairman Sahr moved to approve the proposed amendment and extend the expiration date for an additional year . Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
2. REVIEW OF PAPER COPY FILING REQUIREMENTS. (Commissioner Gary Hanson)
Commissioner Hanson suggested that the Commission re-examine its requirements regarding filing 10 paper copies of all documents. Commissioner Hanson suggested exploring whether non-paper alternatives such as use of electronic filing could reduce the amount of paper consumed by Commission proceedings. The Commission agreed to take a look at this issue and make further recommendations after a review of relevant rules and office procedures.
Meeting adjourned.
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Tina Douglas
Administrative Secretary
