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South Dakota Public Utilities Commission Meeting
Wednesday, December 6, 2006, at 9:30 A.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Present were: Chairman Dustin Johnson Vice Chairman Gary Hanson; Commissioner Steve Kolbeck; Executive Director Patty Van Gerpen; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorneys Rolayne Wiest and John Smith; Staff Attorneys Karen Cremer and Kara Van Bockern; Staff Analysts Keith Senger, Harlan Best, Dave Jacobson, Steve Wegman and Bob Knadle; Consumer Affairs Supervisor, Deb Gregg; and Administrative Secretary Demaris Axthelm.
Also present were: Rich Coit, South Dakota Telecommunications Associates; Bill Van Camp, Olinger, Lovald, McCahren & Remiers, representing Tatanka Wind Power L.L.C.; Marcus V. da Cunha, Tatanka Wind Power; Brett Koenecke, May, Adam, Gerdes&Thompson, representing, Midcontinent Communications,and MCC Telephone of the Midwest; and Darla P. Rogers of Riter, Rogers, Wattier & Brown, representing South Dakota Telecommunication Association.
Joining the meeting by telephone were; Talbot Wieczorek, Gunderson, Palmer, Goodsell & Nelson, representing Sprint Communications Company L.P.; James Overcash, Woods & Aiken, representing Interstate Telecommunications Cooperative, Inc; Ben Dickens representing Swiftel; Denise Hargen and Dana Steele of Echostar Satellite representing Dish Network.
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Ms. Deb Gregg reported that the Commission had received a total of 2,304 consumer contacts during 2006. Since the last report was prepared for the November 28, 2006 Commission meeting, 61 of these contacts had been received; 14 contacts involved telecommunications services; 9 contacts involved electricity issues; 11 contacts involved natural gas issues; 15 contacts involved cellular phone issues; 6 contacts involved do not call issues; 0 contacts involved wind energy issues; and 6 contacts involved issues not regulated by the Public Utilities Commission. In 2006, 1,973 of the 2,304 complaints registered have been resolved informally. In 2005, 1,692 of the 1,885 complaints registered have been resolved informally.
Complaints
Ms. Kara Van Bockern stated that the stipulation is not ready to be brought to the Commission and asked for a Deferral.
Chairman Johnson moved to defer Docket CE06-003. Commissioner Kolbeck seconded and Vice Chairman Hanson concurred. Motion carried 3-0
Electric
Mr. Bill VanCamp, representing, Tatanka Wind Power, LLC, (Tatanka) stated that the Tatanka Wind Farm, will consist of up to 120 wind-powered generators and yield a nominal capacity of up to 180 MWs. As presently envisioned, however, the South Dakota portion of the project will consist of approximately 90 MWs of generating capacity. In connection with this project (the "Project") a question has arisen as to whether the South Dakota Public Utilities Commission's has jurisdiction over the Project, therefore subjecting the Project to the statutory permit requirements of SDCL 49-41B and ARSD 20:10:22. Tatanka is requesting a declaratory ruling pursuant to SDCL ยง 1-26-15 and ARSD 20:10:01:34 that the Project is not subject to the Commissions siting jurisdiction. Marcus V.da Cunha gave a history of the Tatanka Wind Power project and company. Ms. Kara Van Bockern agreed with petitioners and recommended that the Commission find it does not have jurisdiction regarding the siting of this Wind Project.
Chairman Johnson moved that the Commission find that it does not have jurisdiction in Docket EL06-027 over the siting of the Tatanka Wind project facility. Commissioner Kolbeck seconded and Vice Chairman Hanson concurred. Motion carried 3-0
Telecommunications
Mr. Rich Coit, South Dakota Telecommunications Association (SDTA) stated that SDTA should be granted intervention because of possible issues that could be raise in the two dockets regarding significant legal and policy issues that will affect the SDTA members. Mr. Ben Dickens, representing Swiftel Communications, had no objection to SDTA's intervention. Mr. James Overcash representing, Interstate Telecommunications Cooperative, had no objection to SDTA's intervention. Ms. Kara Van Bockern believes it is possible policy and legal issues will come up in the courses arbitration that could affect SDTA member. However, because SDTA is not involved in this arbitration and it involves a contractual agreement between two parties, Ms. Van Bockern recommended denying intervention to SDTA. Mr. Talbot Wieczorek, representing Sprint, stated that SDTA should not be granted intervention in the arbitration since SDTA does not have a direct interest in Sprint.
Vice Chairman Hanson moved that intervention be denied to SDTA in Dockets TC06-175 and TC06-176. Chairman Johnson seconded and Commissioner Kolbeck Dissented. Motion passed 2-1
Mr. Talbot Wieczorek; Representing Sprint explained the stipulation between Sprint and SDTA and the terms of the stipulation to which Sprint would not oppose SDTA's intervention's. Ms.Kara Van Bockern, stated that staff does not object to SDTA's intervention.
Chairman Johnson moved to grant intervention to SDTA in Dockets TC06-178 and TC06-180. Commissioner Kolbeck seconded and Vice Chairman Hanson concurred. Motion carried 3-0
Ms. Kara Van Bockern stated that the company has an active Certificate of Authority. The Amendment to the Agreement has been properly filed, been properly executed and does not appear to contain discriminatory provisions. No comments were filed and Ms. Van Bockern recommended approval of the Amendment to the Agreement.
Commissioner Kolbeck moved to approve the Amendment to the Agreement in TC06-183. Vice Chairman Hanson seconded and Chairman Johnson concurred. Motion passed 3-0
Ms. Kara Van Bockern stated that the Agreement has been properly filed, has been properly executed, does not appear to contain discriminatory provisions and that no comments were filed, and recommended approval of the Agreement.
Vice Chairman Hanson moved to approve the Agreement in TC06-185. Chairman Johnson seconded and Commissioner Kolbeck concurred. Motion passed 3-0
Mr. Rich Coit, SDTA had no objections to the Commission handling these two dockets together. Mr. Coit further stated that SDTA is asking for interventions in these dockets because of the rural safeguard statutes. Mr. Ben Dickens, representing Switfel, stated that Swiftel is requesting intervention in Docket TC06-188. Mr Brett Koenecke, representing Mediacom, had no objections to any of the interventions in Dockets TC06-188 and TC06-189. Ms. Kara Van Bockern recommended approval of intervention for SDTA and Swiftel.
Vice Chairman Hanson moved to grant interventions to SDTA and Swiftel in Docket TC06-188. Chairman Johnson seconded and Commissioner Kolbeck concurred. Motion carried 3-0
Commissioner Kolbeck moved to grant intervention to SDTA in Docket TC06-189. Vice Chairman Hanson seconded and Chairman Johnson concurred. Motion carried 3-0
7. TC06-191 In the Matter of Dish Network's Failure to Register as a Telemarketer and the Solicitations it made to those Registered on the Do Not Call List. (Staff Attorney: Kara Van Bockern)
Ms. Kara Van Bockern requested that the Commission amend the Motion to include Echostar Satellite LLC on the Order to Show Cause so staff can investigate on the relationship between and Echostar Satellite LLC, its retailers and the solicitors made by persons identifying themselves as Dish Network. Ms. Van Bockern further stated that for the sake of the consumer that Dish Network's name be stated in the caption of title of the docket as well as Echostar Satellite LLC. Ms. Dana Steele, of Echostar, recommended that the docket should state in the caption that Echostar LLC is selling products of Dish Network.
Chairman Johnson moved to amend the docket caption to include Echostar Satellite LLC and to include in the caption that Echostar Satellite LLC as owner of the trademark Dish Network. Vice Chairman Hanson seconded and Commissioner Kolbeck concurred. Motion carried 3-0
Chairman Johnson moved to issue an Order to Show Cause against Echostar Satellite LLC as owner of the trademark Dish Network Commissioner Kolbeck seconded and Vice Chairman Hanson concurred Motion carried 3-0
Meeting adjourned.
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Demaris Axthelm
Administrative Secretary
