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South Dakota Public Utilities Commission Meeting
Tuesday, July 6, 2004 at 9:30 A.M.
Capital Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Bob Sahr called the meeting to order. Also present were Vice Chairman Gary Hanson; Executive Director Pamela Bonrud; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorneys Rolayne Ailts Wiest and John Smith; Staff Analysts Harlan Best, Dave Jacobson, Sue Schaefer, Keith Senger, Jim Mehlhaff, Justin Blais, Christine Hibbeler, Michele Farris, and Steve Wegman; and Administrative Secretary Tina Douglas.
Also present was Bob Miller, South Dakota Electric Utility Companies.
Joining the meeting by telephone was Staff Attorney Karen Cremer.
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
Mr. Mehlhaff reported that the Commission received a total of 1364 consumer contacts during 2004. Since the last report was prepared for the June 22, 2004, Commission meeting, 71 of these contacts had been received; 34 contacts involved telecommunications services; 3 contacts involved electricity issues; 3 contacts involved natural gas issues; 4 contacts involved gas and electric services; 9 contacts involved cellular phone issues; 2 contacts involved the Do Not Call registry; and 16 contacts involved miscellaneous services not regulated by the PUC. In 2004, 1065 of the 1364 complaints registered have been resolved informally. In 2003, 1988 of the 2579 complaints registered have been resolved informally.
Mr. Mehlhaff stated that he had spoken with the Complainants and they had requested that their formal complaint be withdrawn. He also stated that they had indicated that they would like to be included in bond proceeding. Mr. Mehlhaff stated that he would follow up on that and make sure they file the proper paperwork to be included in the bond proceeding. Mr. Mehlhaff recommended that the docket be dismissed and closed.
Chairman Sahr moved to dismiss and close docket CT03-097. Commissioner Hanson seconded. Motion passed 2-0.
Electricity
Mr. Jacobson stated that Otter Tail Power Company (Otter Tail) requested approval to revise its tariffed Summary List of Contracts with Deviations. The existing contract with the Village of Marvin will expire on July 2, 2004. Otter Tail states the new agreement does not contain any deviations from Otter Tail's currently filed tariff and therefore requests that reference to a contract with the Village of Marvin be removed from the Summary List of Contracts with Deviations. Mr. Jacobson recommended that the tariff revisions be approved.
Chairman Sahr moved to approve the tariff revisions in EL04-021. Commissioner Hanson seconded. Motion passed 2-0.
Telecommunications
Mr. Senger stated that on May 10, 2004, Granite Telecommunications, LLC filed a request for approval of its switched access tariff. The company is petitioning the Commission to be exempt from developing intrastate switched access rates based on company-specific costs in accordance with ARSD 20:10:27:11. The company is requesting a waiver from filing company specific cost data as required by ARSD 20:10:27:07. The company proposes mirroring Qwest current rates and thus is requesting a waiver from filing rates based on the costs of all the telecommunications companies with less than 100,000 access lines as required by ARSD 20:10:27:12. The Company also requesting a waiver of the calculation of billing and collection cost as set forth in ARSD 20:10:27:13. Mr. Senger recommended the Commission grant the request for waiver from ARSD 20:10:27:07, 20:10:27:12 and 20:10:27:13 and allow Granite to mirror Qwest current rates with a limit of three years.
Commissioner Hanson moved to approve the intrastate switched access tariff and grant an exemption from filing company specific cost data and a waiver from having to file rates based on the cost of all telecommunication companies with less than 100,000 access lines and to allow Granite Telecommunications, LLC to mirror Qwest rates for up to 3 years at which time Granite Telecommunications, LLC will be required to petition the Commission for an extension on the rates or provide cost based rates. Chairman Sahr seconded. Motion passed 2-0.
Mr. Senger stated that on May 12, 2004, United American Technology, Inc. filed an application for a Certificate of Authority to provide interexchange telecommunications services. The applicant is a reseller which intends to offer resold long distance Toll-Free and travel card services to residential and small business customers in South Dakota. The applicant had agreed to restrictions from offering any prepaid services and from accepting customer deposits and advance payments. Mr. Senger recommended the Commission approve United American Technology, Inc.'s Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments with a July 12, 2004, effective date.
Commissioner Hanson moved to grant United American Technology, Inc.'s Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments with an effective date of July 12, 2004. Commissioner Hanson seconded. Motion passed 2-0.
Mr. Senger stated that on June 3, 2004, Public Communications Services, Inc., filed an application for a Certificate of Authority to provide interexchange telecommunications services. The applicant is a reseller which intends to offer services to inmates of prisons, jails and other confinement institutions on a collect, prepaid and debit basis. The applicant had provided a $25,000 bond. Mr. Senger recommended the Commission approve Public Communications Services, Inc., interexchange authority with the continued bond requirement, and with an August 3, 2004, effective date.
Commissioner Hanson moved to grant Public Communications Services, Inc.'s Certificate of Authority with an effective date of August 3, 2004, subject to a continuous $25,000.00 surety bond. Chairman Sahr seconded. Motion passed 2-0.
Mr. Senger stated that on December 17, 2003, the Commission approved a Certificate of Authority for Granite Telecommunications, LLC. That Authority was subject to restriction from accepting any deposits or advanced payments and from offering any prepaid services. On June 16, 2004, Granite filed a $25,000 bond and requested that the restrictions be removed and the company be allowed to offer prepaid services. Mr. Senger recommended that the Commission amend Granite Telecommunications, LLC's Certificate of Authority to remove the restrictions with the $25,000 continuing bond requirements.
Commissioner Hanson moved to amend Granite Telecommunications, LLC's Certificate of Authority to remove the restrictions, subject to a continuous $25,000.00 surety bond. Chairman Sahr seconded. Motion passed 2-0.
Mr. Best stated that under the administrative rules the Commission can assess a filing fee not to exceed $100,000.00. Mr. Best recommended that Cheyenne River Sioux Tribe Telephone Authority be assessed a filing fee not to exceed $100,000.00, with an initial deposit of $1,000.00.
Chairman Sahr moved to assess a filing fee not to exceed $100,000.00 with an initial deposit of $1,000.00 in TC04-104. Commissioner Hanson seconded. Motion passed 2-0.
Mr. Senger stated that under the administrative rules the Commission can assess a filing fee not to exceed $100,000.00. Mr. Senger recommended that Alliance Communications Cooperative, Inc., be assessed a filing fee not to exceed $100,000.00, with an initial deposit of $1,000.00.
Chairman Sahr moved to assess a filing fee not to exceed $100,000.00 with an initial deposit of $1,000.00 in TC04-106. Commissioner Hanson seconded. Motion passed 2-0.
Mr. Senger stated that under the administrative rules the Commission can assess a filing fee not to exceed $100,000.00. Mr. Senger recommended that Splitrock Properties, Inc., be assessed a filing fee not to exceed $100,000.00, with an initial deposit of $1,000.00.
Chairman Sahr moved to assess a filing fee not to exceed $100,000.00 with an initial deposit of $1,000.00 in TC04-107. Commissioner Hanson seconded. Motion passed 2-0.
Mr. Best stated that under the administrative rules the Commission can assess a filing fee not to exceed $100,000.00. Mr. Best recommended that Valley Telecommunications Cooperative Association, Inc., be assessed a filing fee not to exceed $100,000.00, with an initial deposit of $1,000.00.
Chairman Sahr moved to assess a filing fee not to exceed $100,000.00 with an initial deposit of $1,000.00 in TC04-108. Commissioner Hanson seconded. Motion passed 2-0.
Meeting adjourned.
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Tina Douglas
Administrative Secretary
