Commission Minutes | previous page
South Dakota Public Utilities Commission Meeting
Monday, August 19, 2005, at 9:00 A.M. and Thursday, August 22, 2005, 12:30 p.m. (see below)
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Vice Chairman Bob Sahr called the meeting to order. Also present were Executive Director Pamela Bonrud; Deputy Executive Director Heather Forney; Commission Attorney John Smith; Commission Advisor Greg Rislov; Staff Attorneys Rolayne Ailts Wiest, Sara Greff and Karen Cremer; Staff Analysts Bob Knadle, Harlan Best, and Keith Senger; and Court Reporter Cheri Wittler.
Also present was Bob Riter, Riter, Rogers, Wattier & Brown representing Golden West Telecommunications Cooperative Inc., Vivian Telephone Company, Sioux Valley Telephone Company, Armour Independent Telephone Company, Bridgewater Canistota Independent Telephone Company and Kadoka Telephone Company.
Joining the meeting by telephone were Chairman Gary Hanson; Commissioner Dustin Johnson; Darla Rogers, Riter, Rogers, Wattier & Brown representing Golden West Telecommunications Cooperative Inc., Vivian Telephone Company, Sioux Valley Telephone Company, Armour Independent Telephone Company, Bridgewater Canistota Independent Telephone Company and Kadoka Telephone Company; Talbot Wieczorek, Gunderson, Palmer, Goodsell and Nelson representing WWC License LLC; Larry Thompson, Vantage Point; Denny Law, Golden West Telecommunications Cooperative, Inc.; and James Groff James Valley Cooperative Telephone Co.
Complaint
See transcript on file with the South Dakota Public Utilities Commission
Commissioner Sahr moved that we dismiss Paragraphs 13 and 14 of the Complaint and the associated prayer for relief. Chairman Hanson seconded and Commissioner Johnson concurred. Motion passed 3-0.
Commissioner Johnson moved that the meeting recess until Monday, August 22, 2005, at 1:00 p.m. Motion was withdrawn.
Commissioner Johnson moved that the Commission take the remaining motions under advisement and that the meeting recess until Monday August 22, 2005, at 12:30 p.m. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3-0.
South Dakota Public Utilities Commission Meeting
Monday, August 22, 2005, at 12:30 P.M.
State Capitol Building, Room 412
Pierre, South Dakota
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 Attorney John Smith; Commission Advisor Greg Rislov; Staff Attorneys Rolayne Ailts Wiest, Sara Greff and Karen Cremer; Staff Analysts Bob Knadle, Harlan Best, and Keith Senger; and Court Reporter Cheri Wittler.
Also present were Darla Rogers, Riter, Rogers, Wattier & Brown representing Golden West Telecommunications Cooperative Inc., Vivian Telephone Company, Sioux Valley Telephone Company, Armour Independent Telephone Company, Bridgewater Canistota Independent Telephone Company and Kadoka Telephone Company; Denny Law, Golden West Telecommunications Cooperative Inc.; and Larry Thompson, Vantage Point.
Joining the meeting by telephone were Talbot Wieczorek, Gunderson, Palmer, Goodsell and Nelson representing WWC License LLC; and Wendy Harper, Vantage Point.
Chairman Hanson moved that the Commission rule on all of the pending Motions generally in accordance with Staff counsel's recommendations. Specifically:
That Golden West's Motion to Prohibit WWC from Contesting the Accuracy of Data Provided, Motion to Strike Late-Filed Claim and Motion to Compel and Western Wireless's Motion to Bifurcate be denied. Instead, the parties shall each file amendments to their pleadings to conform to the evidence revealed through discovery and to reflect any additional claims, and answers thereto, related to Golden West's intercarrier billings to WWC that have come to light during the discovery and analysis process. By August 31, the parties shall submit to the Commission their proposals for a procedural schedule for the remainder of this case. The next available dates for hearing in this matter are November 7-9 with a 3:00 p.m. ending time on the 8th.
Chairman Hanson further moved that Golden West's Motion to Permit Additional Discovery be granted to allow full exploration by both parties of the minutes-of-use data and other issues and also to address any additional claims and defenses that are added or modified through amendments to the pleadings.
And also moved that Staff counsel's suggestion be adopted in the form of an order that in connection with the extension of discovery, the parties' technical experts shall meet in a good faith effort to resolve the billing data issues, including access on reasonable terms to the data in the possession of the other party. This meeting of the parties' respective data experts shall take place at a location acceptable to them and to Staff, or if they cannot agree, in the Commission's conference room. Staff and Staff counsel are directed to be present at such meeting to assist the parties in attempting to resolve any disputes their experts may have involving the data, access to data and related issues. The parties shall submit their proposed date for this meeting in their procedural schedule proposals.
Lastly, Chairman Hanson moved that Golden West's Motion to Postpone Hearing be granted to allow for the filing of additional or amended claims and to conduct additional discovery so that all issues involving the billings in question can be addressed and resolved in this proceeding and that the hearing in this matter be continued until November 7, 2005 commencing at 10:00 a.m., continuing at 8:30 a.m. on November 8, 2005 and carrying over to November 9 if necessary, unless the parties' procedural schedule submittals demonstrate that this date is not available for them, in which case alternative hearing dates will be scheduled.
Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0
Meeting adjourned.
___________________
Tina Douglas
Administrative Secretary
