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South Dakota Public Utilities Commission Meeting
Tuesday, September 27, 2005, at 9:30 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 Commissioner Dustin Johnson; Executive Director Pamela Bonrud; Deputy Executive Director Heather Forney; Commission Attorneys John Smith and Rolayne Ailts Wiest; Commission Advisor Greg Rislov; Staff Attorneys Karen Cremer and Sara Greff; and Staff Analysts Dave Jacobson, Harlan Best, Bob Knadle, Michele Farris, and Keith Senger; Jim Mehlhaff, Director Transportation/Warehouse Division; Administrative Secretary Tina Douglas; and Court Reporter Cheri Wittler.
Also present were Mary Lohnes, Midcontinent Communications; Bill Van Camp, Olinger Lovald, Mcahren & Remiers, representing AT&T Communications of the Midwest, Inc.; David Gerdes, May, Adam, Gerdes & Thompson LLC, representing Midcontinent Communications and MCImetro Access Transmission Service, LLC; Darla Rogers, Riter, Rogers, Wattier & Brown representing LECA and various LECs; Bob Miller, South Dakota Electric Utility Companies; Randy Houdek, Venture Communications; Rod Bowar, Kennebec Telephone Company; and Rich Coit, South Dakota Telecommunications Association.
Joining the meeting by telephone were Vice Chairman Bob Sahr; Talbot Wieczorek, Gunderson, Palmer, Goodsell and Nelson, representing RRC Minnesota, Inc. and Wireless Alliance, L.L.C.; Colleen Sevold , Qwest Corporation; Erin Jordahl–Redlin, Clean Water Action Alliance; Doug Eidahl, Vantage Point; David Chorzempa, AT&T; Elizabeth Goodpaster, MCEA Minnesota Center for Environmental Advocacy; Jeff Larson, Larson & Nipe, representing Santel Communications; Larry Hettinger, Heartland Consulting; Denny Law, Golden West Telecommunications Company; Casey Davidson, Davidson Law Firm representing Clean Water Action Alliance; Suzie Rao, Alltel; Jeff Decker, NorthWestern Energy; Mike Bradley, Moss & Barnett, representing Ft. Randall Telephone Company and Mt. Rushmore Telephone Company; Brian Iverson, Black Hills Corporation; and Marlene Bennett, Martin Group.
Administration
1. Approval of the Minutes of the Commission Meetings Held on July 28, August 9, August 19, and August 31, 2005. (Staff: Tina Douglas.)
Commissioner Johnson moved to approve the Minutes of the Commission Meetings held on July 28, August 9, August 28, and August 31, 2005. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Mr. James Mehlhaff reported that the Commission had received a total of 1289 consumer contacts during 2005. Since the last report was prepared for the July 12, 2005, Commission meeting, 378 of these contacts had been received; 110 contacts involved telecommunications services; 83 contacts involved electricity issues; 25 contacts involved natural gas issues; 7 contacts involved gas and electric services; 66 contacts involved cellular phone issues; 11 contacts involved the Do Not Call registry, and 76 contacts involved issues not regulated by the PUC. In 2004, 2126 of the 2371 complaints registered have been resolved informally and in 2005, 1047 of the 1289 complaints registered have been resolved informally.
Electric
Ms. Michele Farris stated that Butte Electric Cooperative, Inc. (Coop) and Black Hills Power, Inc. (BHP) filed a Joint Request for approval of an Electric Service Territory Boundary Change Agreement. The agreement exchanges several parcels of service territory between the two parties. The exchanges include a proposed lift station at Exit 17 in Lawrence County, exchange of territory in the Sandstone Hills/Countryside Subdivision, exchange of territory due to Highway 85 line relocation and construction, and property owned by Kevin McKee. 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 BHP and the Coop. The customers affected by the changes have been notified and are in agreement. Ms. Farris stated that in her opinion the territory boundary change is in the public interest and 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 Butte Electric Cooperative, Inc. and Black Hills Power, Inc. in Docket EL05-014. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Ms. Karen Cremer stated that she spoke to Otter Tail Power Company and it did not oppose the interventions of Clean Water Action, the South Dakota Chapter Sierra Club, Union of Concerned Scientists, Mary Jo Stueve, Minnesotans for an Energy Efficient Economy, Izaak Walton League of America - Midwest Office, and the Minnesota Center for Environmental Advocacy.
Commissioner Johnson moved to grant intervention to Clean Water Action, the South Dakota Chapter Sierra Club, the Union of Concerned Scientists, Mary Jo Stueve, Minnesotans for an Energy Efficient Economy, the Izaak Walton League of America - Midwest Office, and the Minnesota Center for Environmental Advocacy in Docket EL05-022. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Natural Gas
Mr. Dave Jacobson requested that this docket be deferred.
Commissioner Johnson moved to defer Docket NG05-011. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Bob Knadle stated that on August 30, 2005, NorthWestern Energy filed an Application seeking approval of revisions to the fuel retention percentage in the gas transportation tariff. The proposed revisions would decrease the fuel retention percentage. Mr. Knadle recommended that the Commission approve the tariff revisions with an effective date of October 1, 2005, in Docket NG05-012.
Commissioner Johnson moved to approve the tariff revisions in Docket NG05-012. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Telecommunications
1. In the Matter of Establishing Switched Access Revenue Requirements in Dockets TC05-083, TC05-087, TC05-090, TC05-091, TC05-092, TC05-093, TC05-094, TC05-095, TC05-097, TC05-098, TC05-099, and TC05-109.
Commissioner Johnson moved to accept the withdrawal of Midcontinent Communications, MCImetro Access Transmission Services, LLC, and AT&T Communications of the Midwest, Inc. in Docket TC05-099. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Commissioner Johnson moved to grant intervention to Midcontinent Communications, MCImetro Access Transmission Services, LLC, and AT&T Communications of the Midwest, Inc. in Dockets TC05-083, TC05-087, TC05-090, TC05-091, TC05-092, TC05-093, TC05-094, TC05-095, TC05-097, TC05-098, and TC05-109. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
See Transcript of September 27, 2005, 9:30 a.m. Commission Meeting (TC05-096)
Commissioner Johnson moved to grant intervention to Midcontinent Communications, MCImetro Access Transmission Services, LLC, and AT&T Communications of the Midwest, Inc. in Docket TC05-096, and also grant Midcontinent Communications' request to suspend the operation of the tariff in Docket TC05-096 for 120 days beyond the proposed effective date of the tariff. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
3. In the Matter of the Establishment of Switched Access Revenue Requirements in Dockets TC04-106, TC04-107, TC04-111, TC04-120, TC04-121, TC04-122, TC04-123, TC04-124, TC04-125, TC04-108, TC04-112, TC04-116, TC04-117, TC04-118, TC04-104, TC04-114, and TC04-119
Chairman Hanson moved to deny intervention to Midcontinent Communications; MCImetro Access Transmission Services, LLC; and AT&T Communications of the Midwest, Inc. in Dockets TC04-106, TC04-107, TC04-111, TC04-120, TC04-121, TC04-122, TC04-123, TC04-124, TC04-125, TC04-108, TC04-112, TC04-116, TC04-117, TC04-118, TC04-104, TC04-114, and TC04-119. Commissioner Johnson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Ms. Michele Farris stated that Pacific Centrex Services, Inc. has requested that its Application be withdrawn at this time. Ms. Farris recommended that the Commission accept the request of company and withdraw the Application.
Chairman Hanson moved to grant withdrawal of the application in Docket TC05-059. Commissioner Johnson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Keith Senger stated that on June 27, 2005, BullsEye Telecom, Inc. 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 20:10:27:02 and 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's current rates and thus is also 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 is also requesting a waiver of the calculation of billing and collection costs as set forth in ARSD 20:10:27:13. Mr. Senger recommended the Commission grant the request for waivers from ARSD 20:10:27:07, 20:10:27:12 and 20:10:27:13 and allow BullsEye Telecom, Inc. to mirror Qwest current rates with a limit of three years.
Commissioner Johnson 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 BullsEye Telecom, Inc., to mirror Qwest rates for up to 3 years at which time BullsEye Telecom, Inc., will be required to petition the Commission for an extension on the rates or provide cost based rates. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
9. In the Matter of the Request for Certification Regarding its Use of Federal Universal Service Support in Dockets TC05-136, TC05-158, TC05-159, TC05-160, TC05-165, TC05-166, TC05-167, TC05-168, and TC05-169.
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.
Chairman Hanson 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 TC05-136, TC05-158, TC05-159, TC05-160, TC05-165, TC05-166, TC05-167, TC05-168, and TC05-169. Commissioner Johnson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Rich Coit, South Dakota Telecommunications Association (SDTA) stated that SDTA is requesting intervention in this docket because of the possibility that Midcontinent Communications will seek to provide service through resale of Santel Communications services. Furthermore, SDTA does not yet know what Midcontinent Communication's position regarding ETC service obligations will be. If these matters turn out not to be an issue, then SDTA would withdraw from this docket. David Gerdes, representing Midcontinent Communications, did not have an objection to SDTA being granted intervention.
Commissioner Johnson moved to grant intervention to South Dakota Telecommunications Association in Docket TC05-161. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Bob Knadle stated that on August 29, 2005, Qwest Corporation and Golden West Telecommunications filed an Application seeking approval of amended Certificates of Authority to accommodate a developer's request that the territory now served by Qwest in the Rapid City area be served by Golden West Telecommunications in the New Underwood exchange area. Both companies have provided revised territory maps. No one has asked for intervention in this docket. The applicants have also requested a waiver from ARSD 20:10:32:03 subparagraphs 1-7, 9-21 and 23. Mr. Knadle recommended the Commission approve the waivers and grant the amended Certificates of Authority as well as the territory boundary change.
Chairman Hanson moved to grant the waiver of ARSD 20:10:32:03 subparagraphs 1-7, 9-21 and 23 and to approve amending Golden West Telecommunications Cooperative, Inc and Qwest Corporation's Certificates of Authority and also approve the boundary change between Golden West Telecommunications Cooperative, Inc.'s New Underwood Exchange and Qwest Corporation's Rapid City Exchange. Commissioner Johnson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Meeting adjourned.
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Tina Douglas
Administrative Secretary
