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South Dakota Public Utilities Commission Meeting
Tuesday, March 8, 2005 at 10:30 A.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Gary Hanson called the meeting to order. Also present were Vice Chairman Bob Sahr; Commissioner Dustin Johnson; Executive Director Pamela Bonrud; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorneys John Smith and Rolayne Ailts Wiest; Staff Attorneys John Smith and Sara Greff; Staff Analysts Harlan Best, Michele Farris, Martin Bettmann, and Keith Senger; and Administrative Secretary Tina Douglas.
Also present were Rich Coit, South Dakota Telecommunication Association; and Darla Rogers, Riter, Rogers, Wattier & Brown, representing Golden West Companies.
Joining the meeting by telephone were Colleen Sevold, Laurel Burke, Wayne Culp and Mary Thorton, Qwest Corporation; Bill Heaston, PrairieWave Telecommunications, Inc.; Talbot Wieczorek, Gunderson, Palmer, Goodsell & Nelson, representing WWC License LLC; Avi Weisman, Gold Line Telemanagement Inc.; Mary Lohnes, Midcontinent Communications; Denny Law, Sioux Valley Telephone Company; Rick Johnson, Moss & Barnett, representing Fort Randall Telephone Company; and Jim Talcott, Northern Natural Gas Co.
Administration
1. Approval of the Minutes of the Commission Meeting held on February 8 and Ad Hoc Commission Meeting held on February 28, 2005. (Staff: Tina Douglas.)
Commissioner Johnson moved to approve the Minutes of the Commission Meeting held on February 8, 2005, and Ad Hoc Commission Meeting held on February 28, 2005. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission.
Sara Greff reported that the Commission had received a total of 297 consumer contacts during 2005. Since the last report was prepared for the February 8, 2005, Commission meeting, 101 of these contacts had been received; 32 contacts involved telecommunications services; 13 contacts involved electricity issues; 11 contacts involved natural gas issues; 6 contacts involved gas and electric services; 11 contacts involved cellular phone issues; 16 contacts involved the Do Not Call registry; and 12 contacts involved miscellaneous services not regulated by the PUC. In 2004, 2065 of the 2370 complaints registered have been resolved informally and in 2005, 239 of the 297 complaints registered have been resolved informally .
Rolayne Ailts Wiest stated no parties have asked for intervention. No action is required by the Commission.
Electricity
Sara Greff stated that Northern Natural Gas Co. filed an Application for Party Status on February 22, 2005. Northern Natural Gas Co. was one day late in meeting the intervention deadline. Ms. Greff recommended that Northern Natural Gas Co. be granted party status in EL04- 041.
Commissioner Sahr moved to grant party status to Northern Natural Gas Co. in docket EL04-041. Commissioner Johnson seconded and Chairman Hanson concurred. Motion passed 3-0.
Michele Farris stated that the City of Wessington Springs (City) and Central Electric Cooperative, Inc. (Coop) filed a Joint Request for approval of an Electric Service Territory Boundary Change Agreement. The Agreement exchanges service territory between the two parties. The City is surrendering all of that portion within the city limits of the City of Wessington Springs which lies south of South Dakota Highway 34 and that portion of Section Seven (7), Township One Hundred Seven (107), Range Sixty-four (64), Jerauld County, South Dakota which begins at the easternmost point of the northern boundary of the Wessington Springs City Limits, then goes east approximately 2480 more or less; thence south approximately 2530 more or less; thence west along the city limit of Wessington Springs approximately 2480 more or less, thence north along the City Limit of Wessington Springs approximately 2530 more or less, to the place of beginning. The Coop is surrendering all of Burma's First Addition, a Subdivision in the Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of Section Eighteen (18), and Lot Two (2), Martha Burma Addition, a Subdivision of a portion of the Northeast Quarter (NE1/4) of Section Eighteen (18), Township One Hundred Seven (107) North, Range Sixty-four (64), West of the 5th P.M., Jerauld County, South Dakota, and that portion of land which is shown on a Plat found in Book 2, pages 119-120 of Plats in the office of the Jerauld County Register of Deeds as being a part of Lots 18, 19, 20 and 21 of a replat of a portion of Lot B, J.L. Sedgwick's Subdivision to the City of Wessington Springs. The portion included is only that portion of such lots shown on the above-referenced plat as not lying within the city limits of the City of Wessington Springs. Both parties agree that this territory exchange is in the public interest, will provide adequate electric service to all areas and customers affected, and will promote the efficient and economical use and development of the electric systems of both the City and the Coop. There are no customers affected and no facilities in the exchange area. Staff agrees that the territory boundary change is in the public interest and Ms. Farris recommended the Commission approve the request for an Electric Service Territory Boundary Change.
Commissioner Johnson moved to approve the electric service territory boundary change between the City of Wessington Springs and Central Electric Cooperative, Inc. in docket EL05-003. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3-0.
Telecommunications
Colleen Sevold, Qwest Corporation, asked that the filing be approved. Mr. Harlan Best recommended that the Commission approve the Amendments to modify the Qwest Performance Assurance Plan (QPAP) found in Exhibit K to the SGAT. Mr. Best also stated that Exhibit B automatically has gone into affect after the 60 day period.
Commissioner Johnson moved to approve the Amendments to the QPAP found in Exhibit K. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3- 0.
Keith Senger stated that on December 23, 2003, the Commission approved a Certificate of Authority for Gold Line Telemanagement, Inc. That authority was subject to restrictions from accepting any deposits or advanced payments and from offering any prepaid services. On December 7, 2004, Gold Line requested that the restrictions be removed and the company be allowed to offer prepaid services. On February 23, 2005, the Commission received a $25,000 indemnity bond. Mr. Senger recommended that the Commission amend Gold Line Telemanagement, Inc.'s Certificate of Authority by replacing the restrictions with the $25,000 continuing bond requirement.
Chairman Hanson moved to amend Gold Line Telemanagement Inc.'s Certificate of Authority by removing the restrictions, subject to a continuous $25,000.00 surety bond. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.
Michele Farris stated that on December 7, 2004, SBC Long Distance, Inc., formerly known as Southwestern Bell Communications Services, Inc. d/b/a SBC Long Distance filed notification with the Commission of an internal reorganization to a limited liability company, to be known as SBC Long Distance, LLC. Subsequently, on February 15, 2005, the Commission was notified that the company will be known as SBC Long Distance, LLC d/b/a/ SBC Long Distance. A local telecommunications service Certificate of Authority was issued to the former company on June 11, 2004, and an interexchange telecommunication service Certificate of Authority was issued to the former company on June 30, 2004. The new company has relied upon the existing information filed in the previous two applications. The applicant intends to offer its services initially in the territory now served by Qwest Corporation. The former company has a $25,000 surety bond with the Commission. Once the legal name change has occurred the bond will be reissued to reflect the new name. Ms. Farris recommended the Commission approve the request for a transfer of the Certificate of Authority for local exchange service and interexchange telecommunications services for SBC Long Distance, LLC d/b/a/ SBC Long Distance, with the requirement it has a $25,000 surety bond, and comply with the rural safeguards
.
Commissioner Johnson moved to transfer the Certificate of Authority from SBC Long Distance, Inc., formerly known as Southwestern Bell Communications Services, Inc. d/b/a SBC Long Distance to SBC Long Distance, LLC d/b/a/ SBC Long Distance. with rural safeguards and subject to a continuous $25,000.00 surety bond. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3-0.
Harlan Best stated on January 20, 2005, Qwest Corporation (Qwest) filed an application for waiver of the requirement to file a switched access cost study as required by Commission rule. ARSD 20:10:27:07 requires a carrier's carrier to file cost data in support of its switched access service tariff no less than once every three years. ARSD 20:10:27:02 provides that the Commission may, for good cause shown, either by its own motion or by application from a carrier's carrier, temporarily waive or suspend any rule in chapters 20:10:27 to 20:10:29, inclusive. Mr. Best recommended that the Commission approve the waiver to file a switched access cost study since Qwest does not intend to raise access rates at this time.
Commissioner Sahr moved to grant a waiver of the requirement to file a switched access cost study. Commissioner Johnson seconded and Chairman Hanson concurred. Motion passed 3-0.
Bill Heaston stated that PrairieWave Telecommunications, Inc. had no objection to South Dakota Telecommunications Association's and Fort Randall Telephone Company's Petitions to intervene in this docket.
Commissioner Sahr moved to grant the interventions to South Dakota Telecommunications Association and Fort Randall Telephone Company in docket TC05-016. Commissioner Johnson seconded and Chairman Hanson concurred. Motion passed 3-0.
Harlan Best stated that on February 11, 2005, McLeodUSA Telecommunications Services, Inc. (McLeod) filed for textual changes to the Application, the Definition, and the Regulations Sections of its Access Tariff. Mr. Best stated the language is different than other agreements in subsection G on page 17. Rich Coit, SDTA, stated that the language is unique and he has some concerns regarding this language. Commissioner Johnson asked if anyone from McLeod was on the phone to clarify this language and there was not.
Chairman Hanson moved to defer this docket. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.
7. In the Matter of Approving Agreements in TC05-002, TC05-004, TC05-007, TC05- 012, and TC05-015
TC05-002 - In the Matter of the Filing for Approval of a Master Services Agreement between Qwest Corporation and ACN Communication Services, Inc. (Staff Attorney: Sara Greff)
Sara Greff stated that the Agreements have been properly filed, have been properly executed and do not appear to contain discriminatory provisions, no comments were filed, and recommended approval of the Agreements.
Commissioner Johnson moved to approve the Agreements in TC05-002, TC05-004, TC05-007, TC05-012, and TC05-015. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3-0.
8. In the Matter of Approving Amendments to Agreements in TC05-003, TC05-009, TC05-010, TC05-011, TC05-013, and TC05-014.
TC05-014 - In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and 1-800-Reconex, Inc. d/b/a USTel. (Staff Attorney: Sara Greff)
Sara Greff stated that the above Amendments have been properly filed, have been properly executed and do not appear to contain discriminatory provisions, no comments were filed, and recommended approval of the Amendments.
Commissioner Sahr moved to approve the Amendments TC05-003, TC05-009, TC05- 010, TC05-011, TC05-013, and TC05-014. Commissioner Johnson seconded and Chairman Hanson concurred. Motion passed 3-0.
John Smith stated that on March 2, 2005, the Commission Staff filed a Petition to open a docket for the administration and distribution of proceeds from bonds and other security (Proceeds) received by the Commission for the benefit of customers of S&S Communications (S&S). On or about June 3, 2003, S&S ceased providing wireline telecommunications service, for which several hundred South Dakota customers had pre-paid. On August 28, 2003, the Commission issued its final decision in Docket TC02-166 revoking S&S's certificate of authority. Mr. Smith recommended that the Commission issue one or more preliminary orders to establish and administer the claims procedure relative to the Proceeds.
Commissioner Johnson moved that the Commission Staff provide notice by mail to the 666 potential claimants and all other potential claimants who can be located regarding their rights and responsibilities in filing a claim against S&S Communications and the proceeds; to use best efforts to provide notice to people with no known contact information; and lastly to issue a press release regarding this issue. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3-0.
Commissioner Sahr moved that the Commission establish a cut-off date of 45 days for filing bonds claim forms after the notification process. Commissioner Johnson seconded and Chairman Hanson concurred. Motion passed 3-0.
Commissioner Johnson moved that all formal complaints filed with South Dakota Public Utilities Commission against S&S Communications should be regarded and handled the same as if the complainant had filed a bond claim form. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3-0.
The commission took no action on the fourth question because it felt as there was no other preliminary relief at this time.
Meeting adjourned.
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Tina Douglas
Administrative Secretary
