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South Dakota Public Utilities Commission Meeting
Friday, June 13, 2003; 9:30 A.M.
State Capital, Room 412
Pierre, South Dakota
MINUTES OF THE AD HOC MEETING
Chairman Bob Sahr called the meeting to order. Also present were Executive Director Pamela Bonrud; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorney Rolayne Ailts Wiest; Staff Attorney Kelly Frazier; Staff Analysts Keith Senger, Jim Mehlhaff, Harlan Best, and Michele Farris; and Administrative Secretary Tina Douglas.
Also present were Joe Kafka, Associated Press; Darla Pollman Rogers, representing Local Exchange Carriers Association; and Bob Miller, South Dakota Electric Utility Companies.
Joining the meeting by telephone were Vice Chairman Gary Hanson; Commissioner Jim Burg; Commission Counsel John Smith; Pat Mastel, PrairieWave Telecommunications, Inc.; Troy Clavel and Gwen Farassat, 1st Financial Bank; John Frankel, Swidler Berlin Shereff Friedman, representing S&S Communications/Alterna-Cell; Shelly Kohane, KSFY; Joe Schuele, Martin Group; Scott Waltman, Aberdeen American News; Harry Rosenthal, Intern for Public Utilites Commission; Brandon Peterson, Dakota Premium Hay; and George Strandell, Golden West Telecommunications Cooperative, Inc.
Telecommunications
Chairman Sahr moved that the Commission issue an Order to Show Cause and Notice of Hearing and include the following issues:
1. Whether the Certificate of Authority of S&S should be revoked or suspended if S&S is found to have acted in violation of any of the Commission's orders, rules, or state law;
2. Whether fines or penalties should be imposed if S&S is found to have acted in violation of any of the Commission's orders, rules, or state law;.
3. Whether an Order to Compel should be issued requiring S&S to produce books and records as provided in SDCL 49-31-7.1;
4. Whether S&S should be ordered to release 800 numbers if requested by the customer that has been assigned the 800 number;
5. Whether the Commission should take action against any bonds and letter of credit issued by Aberdeen Finance Corporation;
6. Whether Les Sumption and/or Matt Swearingen should be barred from providing telecommunications services in South Dakota in the future if the Commission determines that they have violated any Commission orders, rules, or state law; and
7. Any other appropriate relief that may be granted by the Commission.
In addition the Commission authorized staff to attempt to obtain the bond proceeds and the proceeds from the Irrevocable Letter of Credit issued by Aberdeen Finance Corporation.
Commissioner Burg seconded the motion, and Commissioner Hanson concurred. Motion passed 3-0.
Chairman Sahr moved that there is good cause for holding the hearing and move that the hearing be set on June 30, beginning at 10:00 a.m. to be held at the State Capitol.
Commissioner Burg seconded the motion, and Commissioner Hanson concurred. Motion passed 3-0.
Meeting adjourned.
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Tina Douglas
Administrative Secretary
