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South Dakota Public Utilities Commission Meeting
Tuesday, September 14, 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 via the telephone. Also present were Vice Chairman Gary Hanson; Commissioner Jim Burg; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorneys Rolayne Ailts Wiest and John Smith; Staff Attorney Karen Cremer and Sara Harens; Staff Analysts Harlan Best, Dave Jacobson, Sue Schaefer, Jim Mehlhaff, Christine Hibbeler, Michele Farris, and Keith Senger; and Administrative Secretary Tina Douglas.
Also present were Margo Northrup, Riter, Rogers, Mayer, Hofer, Wattier & Brown representing McCook Cooperative Telephone, Golden West Telecommunications Coop, Vivian Telephone Company, and Kadoka Telephone Company; and Bob Miller, South Dakota Electric Utility Companies.
Joining the meeting by telephone were Chairman Bob Sahr; Wayne Culp, Colleen Sevold, and Melissa Thompson, Qwest Corporation; Talbot Wieczorek, Gunderson, Paul, Goodsell & Nelson, representing WWC License LLC; Doug Eidahl, Vantage Point Solutions; Pat Mastel, PrairieWave; Rodney Thiemann, Great Plains Communication; and RaeAnn Kelsch, Western Wireless.
Administration
1. Approval of the Minutes of the Commission Meetings Held on June 22, July 6, July 20, August 17, and August 31, 2004. (Staff: Tina Douglas.)
Chairman Sahr moved to approve the minutes of the Commission Meetings held on June 22, July 6, and August 17, 2004. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
Chairman Sahr moved to defer the minutes of the commission Meetings held on July 20 and August 31, 2004 until the next meeting. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
2. Commissioner Hanson introduced Public Utilities Commission new staff attorney Sara Harens.
3. Commissioner Hanson presented Commission Attorney John Smith and Staff Analyst Keith Senger a pin recognizing their excellent service of 15 years to the State of South Dakota.
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 1793 consumer contacts during 2004. Since the last report was prepared for the August 31, 2004, Commission meeting, 80 of these contacts had been received; 32 contacts involved telecommunications services; 11 contacts involved electricity issues; 2 contacts involved natural gas issues; 5 contacts involved gas and electric services; 5 contacts involved cellular phone issues; 1 contact involved the Do Not Call registry; and 24 contacts involved miscellaneous services not regulated by the PUC. In 2004, 1413 of the 1793 complaints registered have been resolved informally. In 2003, 1996 of the 2579 complaints registered have been resolved informally.
Telecommunications
Ms. Cremer stated that on April 12, 2004, prior counsel for Cognigen Networks, Inc., had filed an application for a Certificate of Authority to provide resold interexchange telecommunication services in South Dakota. The company discovered this fact after the Commission denied the application on June 22, 2004. Cognigen Networks, Inc., then filed a Motion For Reconsideration Of Decision In Docket TC04-076 and Waiver of 30-Day Deadline on August 27, 2004. Ms. Cremer recommended granting Cognigen Networks, Inc.'s Motion For Reconsideration Of Decision In Docket TC04-076 and reopening the docket.
Commissioner Burg moved to grant Cognigen Networks, Inc.'s Motion For Reconsideration Of Decision In Docket TC04-076 and reopening the docket. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
Ms. Farris stated that staff sent a data request in May of 2004. In August of 2004, Ms. Farris called CommPartners, LLC and it indicated that it would not be able to provide the information at this time and asked the application be withdrawn and the docket be closed. Ms. Farris recommended that the application be withdrawn and the docket be closed.
Commissioner Hanson moved to grant CommPartners, LLC's request for withdrawal of its application and close docket TC04-092. Commissioner Burg seconded and Chairman Sahr concurred. Motion passed 3-0.
3. In the Matter of Approving Agreements in TC04-134, TC04-135, TC04-137, TC04-143, TC04-147, TC04-148, and TC04-149
Ms. Wiest recommended approval of the Amendments in TC04-134 and TC04-135.
Commissioner Burg moved to approved the Amendments in TC04-134 and TC04-135. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
Ms. Wiest recommended approval of the Agreements in TC04-137, TC04-143, TC04-147, TC04-148, and TC04-149.
Commissioner Burg moved to approved the Agreements in TC04-137, TC04-143, TC04-147, TC04-148, and TC04-149. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
4. In the Matter of the Request for Federal Universal Service Support Certification in Dockets TC04-183, TC04-184, TC04-187, TC04-188, TC04-189, and TC04-190
Mr. Best stated that each of these companies filed a request estimating how much Universal Service Support it may receive in the coming year and also showed estimated expenses. In each docket the expenses exceeded the monies the company may receive for Universal Service Support. In each docket the company stated all the monies it receives for Universal Service Support will be used in the appropriate manner as required by the FCC. Mr. Best recommended that the Commission grant certification in each docket as filed. Ms. Wiest stated that in TC04-184 the Commission will need to certify that residential rates in rural areas are reasonably comparable to urban rates nationwide.
Commissioner Burg moved that the Commission provide a letter of certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal services support as proposed in dockets TC04-183, TC04-184, TC04-187, TC04-188, TC04-189, and TC04-190 and also will provide a letter stating that residential rates in rural areas are reasonably comparable to urban rates nationwide in TC04-184. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.
Meeting adjourned.
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Tina Douglas
Administrative Secretary
