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South Dakota Public Utilities Commission Meeting
Monday, February 28, 2005 at 8:30 A.M.
State Capitol Building, PUC Cactus Conference Room
Pierre, South Dakota


Present were Executive Director Pamela Bonrud; Commission Advisor Greg Rislov; Commission Attorney Rolayne Wiest; Staff Attorney John Smith; Staff Analysts Harlan Best, and Keith Senger; and Administrative Secretary Tina Douglas.

Joining the meeting by telephone were Chairman Gary Hanson who called the meeting to order; Vice Chairman Bob Sahr; Commissioner Dustin Johnson; and David Fierst, Stein Mitchell & Mezines LLP, representing Local Exchange Carriers Association (LECA)


1. TC05-017    In the Matter of the Request for a Confidentiality Determination in Accordance with ARSD 20:10:01:42 (Staff Analyst: Keith Senger, Staff Attorneys: John Smith/Sara Greff)

John Smith, stated that on January 18, 2005, the Commission received a federal subpoena from the South Dakota Local Exchange Carriers Association (LECA) for production of documents in regards to S&S Communications. Many of the requested documents were either filed as confidential or were determined during the hearing in TC02-166 to warrant confidential treatment and have been held confidential by the Commission. On January 31, 2005, Staff filed a Motion for Determination of Release of Information Filed as Confidential requesting that the Commission make a determination that the information should no longer be treated as confidential and should be released to LECA to comply with the federal subpoena. Mr. Smith recommended that the Commission approve LECA and staff's request for access to confidential information to respond to LECA's subpoena in the federal litigation, subject to its being covered by the Confidentiality Agreement between the parties and the Letter Agreement between the parties. Mr. Smith further recommended that any of the Commission's Attorneys be authorized to execute the Letter Agreement on behalf of the Commission and that upon execution by all parties of the Letter Agreement and of the Confidentially Agreement by counsel for S&S and LECA, that Staff be authorized to produce the requested documents to counsel for LECA.

    Chairman Hanson moved to grant the Motion for Order Permitting Release of Information Filed as Confidential, subject to the release of the confidential information being covered by the confidentiality agreement between S&S and LECA filed with the District Court and the letter agreement between the Commission, LECA and S&S; and further moved to authorize the execution of the Letter Agreement by any of the Commission Attorneys on behalf of the Commission. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.

Meeting adjourned.

Tina Douglas
Administrative Secretary