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South Dakota Public Utilities Commission Meeting
March 10, 2009 at 2:30 P.M.
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Dusty Johnson called the meeting to order. Present were: Commissioners Steve Kolbeck and Gary Hanson; Executive Director Patty Van Gerpen; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorneys John Smith and Rolayne Wiest; Staff Attorneys Kara Semmler and Karen Cremer; Staff Analysts Terri LaBrie Baker, Bob Knadle, Tim Binder, and Jon Thurber; Consumer Affairs Supervisor Deb Gregg; and Administrative Secretary Demaris Axthelm.
Also present were: Dave Gerdes, May, Adam, Gerdes and Thompson, representing Midcontinent Communications; Margo Northrup, Riter, Rogers, Wattier & Northrup, representing South Dakota Telecommunications Association and Golden West; and Bill Van Camp, Olinger, Lovald, McCahren & Reimers PC, representing AT&T Communications of the Midwest.
Joining the meeting by telephone were: Colleen Sevold and George Thomson, Qwest Corporation; Pam Rasmussen, Xcel Energy; Mary Lohnes, Midcontinent, Communications; Talbot Wieczorek, Gunderson, Palmer, Goodsell and Nelson, representing Native American Telecom, LLC and Roger Hall.
Administration
- Approval of the Minutes of the Commission Meetings Held on December 30, 2008, and February 10, 2009. (Staff: Demaris Axthelm)
Commissioner Hanson moved to approve the Commission Minutes of the December 30, 2008, and February 10, 2009 meetings. Motion passed 3-0.
Consumer Reports
- 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 166 contacts since the last report was prepared for the February 24, 2009 Commission meeting. 83 contacts involved telecommunications services; 18 contacts involved electrical services; 16 contacts involved natural gas services; 2 contacts involved electrical and natural gas issues; 6 contacts involved cell phone services; 32 contacts involved the Do Not Call Registry; 1 contact involved the Keystone XL Pipeline and 8 contacts involved issues not regulated by the Public Utilities Commission. In 2009, 487 of the 548 complaints registered have been resolved informally. In 2008, 2,506 of the 2,513 complaints registered have been resolved informally.
Consumer Complaints
Ms. Karen Cremer stated that the parties have asked that docket CT07-006 be deferred.
Chairman Johnson moved to defer docket CT07-006. Motion passed 3-0.
Mr. Roger Hall asked for guidance from the Commission on how he should proceed with his Motion to Compel. Chairman Johnson recommended to Mr. Hall that he should address the Commission with any of the interrogatories or discovery requests that he feels the Commission should focus on or if Mr. Hall still has general questions with the answers to the interrogatories then Mr. Hall should go through each interrogatory and the Commission would then give an opportunity for Staff and Mr. George Thomson, representing Qwes, to respond. Mr. Hall stated that he had 19 interrogatories that he would like to address to the Commission. Mr. Hall then proceeded with the following interrogatory questions and Mr. Thomson and Staff then had the opportunity to respond to each of Mr. Hall's Interrogatory concerns.
Vice Chairman Kolbeck moved to grant Qwest's Motion to Dismiss and dismiss Mr. Hall's Motion to Compel. Motion failed 1-2 (Johnson and Hanson dissenting).
Chairman Johnson moved to deny Qwest's Motion to Dismiss and Mr. Hall's Motion to Compel. Motion passed 2-1 (Kolbeck dissenting).
The following were motions made by the Commission on the following Interrogatories:
Chairman Johnson moved to deny the Motion to Compel on Interrogatory 1. Motion passed 3-0.
Commissioner Hanson moved to deny the Motion to Compel on Interrogatory 3. Motion passed 3-0.
Vice Chairman Kolbeck moved to deny the Motion to Compel on Interrogatory 5. Motion passed 3-0.
Vice Chairman Kolbeck moved to deny the Motion to Compel on Interrogatory 8. Motion passed 3-0.
Chairman Johnson moved to deny the Motion to Compel on Interrogatory 9. Motion passed 3-0.
Vice Chairman Kolbeck moved to deny the Motion to Compel on Interrogatories 10 and 11. Motion passed 3-0.
Commissioner Hanson moved to approve the Motion to Compel on Interrogatory 12. Motion passed 3-0.
Vice Chairman Kolbeck moved to deny the Motion to Compel on Interrogatory 17. Motion passed 3-0
Commissioner Hanson moved to deny the Motion to Compel on Interrogatory 20. Motion passed 3-0.
Chairman Johnson moved to grant the motion to compel on Interrogatory 21 with the understanding that Mr. Hall and Staff will respond likewise with Ms. Semmler transferring information. Motion passed 3-0.
Vice Chairman Kolbeck moved to deny the Motion to Compel on Interrogatory 24. Motion passed 2-1 (Johnson dissenting).
Discussion was then held regarding the map that was provided by Qwest in this matter. Chairman Johnson suggested that the parties prefile maps that they intend to use during the hearing. Ms. Kara Semmler had no objection to prefiling maps. Mr. George Thomson had no objections to prefiling maps.
Chairman Johnson moved that three days prior to the hearing parties shall prefile any maps that they intend to use during the hearing. Motion passed 3-0.
Telecommunications
Ms. Karen Cremer stated that staff recommends opening a new docket for the filing of the cost study. Mr. Dave Gerdes stated that Midcontinent has no objection to staff opening a new docket. Mr. Gerdes then asked if a new docket is to be opened that it not be opened until two weeks after the Commission's draft of proposed CLEC switched access rules revisions are released to the public.
Chairman Johnson moved to open a new docket for Midcontinent's cost study two weeks after the public release of the Commission's draft proposed CLEC switched access rules revisions, and at that time shall assess Midcontinent a $1,000 filing fee and pursuant to SDCL 49-31-12.4 suspend the operation of its tariff for 120 days. Motion passed 3-0.
Mr. Talbot Wieczorek stated that Native American Telecom, LLC filed a Motion to Dismiss Application requesting dismissal of its application without prejudice. Mr. Wieczorek further stated that there has not been any objection filed to the motion and asked that the Commission grant the motion to dismiss without prejudice. Ms. Margo Northrup, representing Golden West and South Dakota Telecommunications Association (SDTA) stated that Golden West and SDTA have no objection to the dismissal of the docket. Ms. Karen Cremer stated that staff recommends granting the Motion to Dismiss Application without prejudice.
Vice Chairman Kolbeck moved to grant the Motion to Dismiss Application without prejudice in Docket TC08-109. Motion passed 3-0.
Mr. Bill Van Camp stated that AT&T Communications of the Midwest (AT&T) filed an exemption from developing company specific cost based switched access rates as well as a waiver from ARSD 20:10:27:12. Mr. Van Camp further stated that the current composite switched access rate is .043 cents per minute and a letter has been filed correcting the typographical error of .0431 cents per minute. Mr. Van Camp asked that the Commission accept the rate and grant the waivers from the requirement of filing company specific cost based analysis due to the small amount of business that AT&T does in South Dakota pertaining to switched access. Mr. Van Camp further asked that the rate be approved with a effective date retroactive. Ms. Terri LaBrie Baker stated that AT&T's company specific costbased switched access rates have expired and that AT&T's switched access rates is less than that of the ILEC. Ms. Baker further stated that AT&T is requesting a waiver from ARSD 20:10:27:12, and if the exemption is granted, the waiver will result in AT&T charging the switched access rate identified in the filing, instead of the LECA plus rate. Staff recommended that the Commission grant the exemption, approve the waiver from ARSD 20:10:27:12 and approve the switched access tariff as filed with an effective date of March 24, 2009.
Commissioner Hanson moved to approve AT&T's intrastate access services tariff, approve the exemption from developing a company specific cost based switched access rate, grant the company waivers of ARSD 20:10:27:07 and ARSD 20:10:27:12 and order that AT&T shall file adjustments to its switched access rates whenever its rates change, or until the Commission shall otherwise order. Motion passed 3-0.
Mr. Tim Binder stated that on February 3, 2009, iNetworks Group, Inc. filed applications for a certificate of authority to provide interexchange telecommunications services and local exchange services in South Dakota. Mr. Binder further stated that iNetworks intends to offer these services in existing Qwest territories throughout the state. Mr. Binder recommended that the Commission grant a certificate of authority to iNetworks Group, Inc. subject to the conditions that no prepaid services are offered and deposits are not required nor accepted without prior approval of the Commission, and that the certificate of authority be subject to rural safeguards.
Vice Chairman Kolbeck moved to grant iNetworks Group a certificate of authority to offer local exchange services in South Dakota, except in those areas served by a rural telephone company and to grant a Certificate of Authority to iNetworks Group, Inc. to provide interexchange telecommunications services and local exchange services within the exchanges served by Qwest Corporation, subject to the condition that iNetworks not offer any prepaid services (including prepaid calling cards) and not accept or require any deposits or advance payments without prior approval of the Commission. Motion passed 3-0.
There being no further business, at the hour of 5:08 pm the South Dakota Public Utilities Commission Meeting adjourned. The next Commission meeting is scheduled for March 24, 2009.
_/S/Demaris Axthelm____
Demaris Axthelm
Administrative Secretary
April 21, 2009
