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South Dakota Public Utilities Commission Meeting
Thursday, February 01, 2007 9:30 A.M.
Cactus Conference Room, PUC Offices, State Capitol Building
Pierre, South Dakota
MINUTES OF THE AD HOC COMMISSION MEETING
Chairman Dustin Johnson called the meeting to order. Present were: Vice Chairman Gary Hanson; Commissioner Steve Kolbeck; Commission Advisor Greg Rislov; Commission Attorney Rolayne Wiest; Staff Attorney Kara Van Bockern; Staff Analyst Harlan Best; and Administrative Secretary Demaris Axthelm.
Also present were: Ms. Darla Pollman Rogers and Margo Northrup, Riter, Roger, Wattier & Brown, representing Venture Communications Cooperative and South Dakota Telecommunications Associates; Mr. Rich Coit, South Dakota Telecommunications Association.
Joining the meeting by telephone was, Talbot Wieczorek, Gunderson, Palmer, Goodsell & Nelson, representing Alltel Communications, Inc.
Telecommunications
Talbot Wieczorek, representing Alltel Communications, Inc. (Alltel), stated there is no difference in Alltel's request this time since the previous times. Mr. Wieczorek further stated that this is not a rulemaking procedure and Alltel has the right of using the Office of Hearing Examiners (OHE). Mr. Wieczorek also stated that there is plenty of time for the OHE to hear this case and render its proposed findings of facts and conclusions to the Commissioners for their final decision. Ms. Margo Northrup, representing Venture Communications Cooperative (Venture) and South Dakota Telecommunications Association (SDTA) stated that this case is different than an arbitration case and does not meet the definition of a contested case. Mr. Rich Coit from SDTA agreed with Ms. Northrup. Ms. Kara Van Bockern stated that this is a contested case and Alltel has the right to take this case to OHE which will eventually be determined by the Commission.
Chairman Johnson moved to grant the request and to move this case to the Office of Hearing Examiners. Commissioner Kolbeck seconded and Vice Chairman Hanson concurred. Motion passed 3-0
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Demaris Axthelm
Administrative Secretary
