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South Dakota Public Utilities Commission Meeting
July 6, 2010, at 1:30 P.M. CST
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; Commission Attorneys John Smith and Rolayne Wiest; Staff Attorneys Karen Cremer and Kara Semmler; Staff Analysts Terri LaBrie Baker, Tim Binder, Bob Knadle, Jon Thurber and Dave Jacobson; Consumer Affairs Supervisor Deb Gregg; and Administrative Secretary Stephanie Harmon.
Joining the meeting by telephone were: Suzan Stewart, MidAmerican Energy; Sara Dannen, NorthWestern Energy Company; Wayne Johnson, Kevin Manwarren, Bruce Bennett and George Thomson, Qwest; and Larry Janes, South Dakota One Call Board.
(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)
Administration
1. Approval of the Minutes of the Ad Hoc Commission Meetings held on May 27 and June 10, 2010, and the Commission Meetings held on June 1 and June 15, 2010. (Staff: Stephanie Harmon)
Vice Chairman Kolbeck moved to approve the Minutes of the Ad Hoc Commission Meetings held on May 27 and June 10, 2010, and the Commission Meetings held on June 1 and June 15, 2010. 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 received a total of 147 contacts since the last report was prepared for the June 15, 2010, Commission Meeting. 34 contacts involved telecommunications services; 34 contacts involved electrical services; 14 contacts involved natural gas services; 17 contacts involved cell phone services; 21 contacts were related to the Do Not Call registry; 1 contact was related to the Grain Warehouse division; 2 contacts were related to the Keystone XL Pipeline; 4 contacts were related to the Keystone Pipeline; and 20 contacts involved issues not regulated by the Public Utilities Commission. In 2010, 1,466 of the 1,497 complaints registered have been resolved.
Pipeline Safety
Mr. Larry Janes, Executive Director, South Dakota One Call (One Call) stated that the One Call Board is interested in the findings of the report and therefore asked for the Commission to grant intervention. Ms. Sara Dannen, NorthWestern Corporation (NorthWestern) stated that based on the result of the report NorthWestern could be adversely affected and asked the Commission grant intervention. Ms. Suzan Stewart, MidAmerican Energy (MidAmerican) stated that MidAmerican echoes the comments of the other parties and asked for the Commission to grant intervention. Ms. Kara Semmler, Staff Attorney, stated that Staff recommended that all parties that filed petition to intervene be granted.
Chairman Johnson moved to grant intervention to NorthWestern Corporation, MidAmerican Energy Company, Montana-Dakota Utilities Co., South Dakota One Call Board, and South Dakota Intrastate Pipeline Company. Motion passed 3-0.
Telecommunications
Mr. Tim Binder, Staff Analyst, stated that tw telecom data services llc (tw telecom) filed for a certificate of authority to provide local exchange and interexchange services in South Dakota. Mr. Binder stated that Staff recommended approval of a certificate of authority for tw telecom, subject to rural safeguards.
Vice-Chairman Kolbeck moved to grant a Certificate of Authority to tw telecom data services llc, subject to rural safeguards. Motion passed 3-0.
Mr. George Thomson, Qwest Corporation (Qwest), asked the Commission for approval of its petition for a waiver of the FCCs utilization threshold requirements for use in the Mitchell, South Dakota rate center. Ms. Terri LaBrie Baker provided a background on the filing and recommended approval with the condition that Qwest use one of the 1,000 number blocks and return nine of the number blocks.
Commissioner Hanson moved to approve the petition of Qwest for Waiver of Utilization Threshold Requirement in Mitchell, South Dakota, with the condition that Qwest use one of the 1,000 number blocks and return nine of the number blocks. Motion passed 3-0.
Ms. LaBrie Baker stated that Staff recommended approval of the switched access portions of MMC Telephony of the Midwest, LLC's (MCC) initial access services tariff and waivers of ARSD 20:10:27:12, ARSD 20:10:27:13 and ARSD 20:10:27:07 and exemption of ARSD 20:10:27:11 with an effective date of July 4, 2010.
Vice Chairman Kolbeck moved to approve MCC's initial access services tariff and waivers of ARSD 20:10:27:12, ARSD 20:10:27:13 and ARSD 20:10:27:07 and exemption of ARSD 20:10:27:11 with an effective date of July 4, 2010. Motion passed 3-0.
There being no further business, at the hour of 1:49 p.m. the South Dakota Public Utilities Commission Meeting adjourned. The next Commission Meeting is scheduled for July 27, 2010.
/S/Stephanie Harmon
Stephanie Harmon
Administrative Secretary
July 27, 2010
