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South Dakota Public Utilities Commission Meeting
August 25, 2010, at 9:30 A.M. CST
Room LCR 1 & 2, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Vice Chairman Steve Kolbeck called the meeting to Order. Present were: Commissioner Gary Hanson; Commission Attorneys John Smith and Rolayne Wiest; Commission Advisor Greg Rislov; Staff Attorneys Kara Semmler and Ryan Soye; Consumer Affairs Supervisor Deb Gregg; and Administrative Secretary Demaris Axthelm.
Also present were: Jeff Decker, NorthWestern Energy; Darla Pollman Rogers, Riter Rogers Wattier & Northrup, representing Venture Communications Cooperative and Valley Telecommunications Cooperative Association, Inc.; and Randy Houdek, Venture Communications Cooperative.
Joining the meeting by telephone were: Chairman Johnson; Staff Analysts: Bob Knadle, Jon Thurber, and Brittany Mehlhaff; Dick Green, NorthWestern Energy; Meredith Moore, Cutler Donahoe, representing Kennebec Telephone Company, Inc.; Rod Bowar Kennebec Telephone Company, Inc.; Talbot Wieczorek, Gunderson Palmer Nelson & Ashmore, LLP, representing Alltel Communications, Inc.; Jerry Reisenauer, West River Cooperative Telephone Company; Tracy Bandemer, Stockholm-Strandburg Telephone Company; John Tormoehlen, Valley Telecommunications Cooperative Association; Tim Ecklund, Consortia Consulting, representing Valley Telecommunications Cooperative Association; George Thomson and Wayne Johnson, Qwest Corporation; and Jim Adkins, Laura Julius and Mary Sisak, Brookings Municipal Telephone and Brookings Municipal Telephone dba Swiftel Communications.
(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)
Administration
1. Approval of the Minutes of the Commission Meeting Held on July 27, 2010. (Staff: Stephanie Harmon)
Commissioner Hanson moved to approve the Minutes of the Commission Meeting held on July 27, 2010. Motion passed 3-0.
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 received a total of 148 contacts since the last report was prepared for the August 10, 2010, Commission Meeting. 30 contacts involved telecommunications services; 41 contacts involved electrical services; 5 contacts involved natural gas services; 8 contacts involved cell phone services; 40 contacts were related to the Do Not Call registry; and 24 contacts involved issues not regulated by the Public Utilities Commission. In 2010, 1,849 of the 1,904 complaints registered have been resolved.
Electric
Mr. Jeff Decker, NorthWestern Energy (NorthWestern), provided a background on the filing and asked the Commission to approve the tariff revisions. Mr. Bob Knadle, Staff Analyst, stated that Staff recommended approval of NorthWestern's tariff revisions with an effective date for services rendered on and after September 1, 2010.
Commissioner Hanson moved to approve the tariff revisions with an effective date of September 1, 2010. Motion passed 3-0.
Telecommunications
1. TC08-031 - In the Matter of the Complaint Filed by Kennebec Telephone Company, Inc. Against Alltel Communications, Inc. Regarding Nonpayment of Transiting Charges. (Staff Analyst: David Jacobson, Staff Attorney: Kara Semmler)
Ms. Meredith Moore, representing Kennebec Telephone Company, Inc., stated that both parties have signed an agreement settling the non-payment of charges associated with transiting services. Ms. Kara Semmler, Staff Attorney, stated staff recommended dismissal of the docket with prejudice.
Commissioner Hanson moved to dismiss the docket with prejudice. Motion passed 3-0.
2. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC10-038, TC10-039, TC10-044, TC10-048, TC10-059, TC10-070, and TC10-071.
Ms. Darla Pollman Rogers, representing Venture Communications Cooperative, asked the Commission approve the filing. Mr. Jon Thurber, Staff Analyst, stated staff recommended approval of the filing and to provide certification to the proper agencies.
Vice Chairman Kolbeck moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Venture Communications Cooperative. Motion passed 3-0.
TC10-039 - In the Matter of the Request of West River Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)
Vice Chairman Kolbeck moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for West River Cooperative Telephone Company. Motion passed 3-0.
Chairman Johnson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Stockholm-Strandburg Telephone Company dba ITC. Motion passed 3-0.
Commissioner Hanson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Valley Telecommunications Cooperative Association, Inc. Motion passed 3-0.
Mr. Thurber stated that Staff recommended approval and asked the Commission to provide certification that Qwest offers rates comparable to other carriers. Mr. Thurber stated that Qwest rates are below the most recent federal benchmarks.
Vice Chairman Kolbeck moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Qwest Corporation. Motion passed 3-0.
Vice Chairman Kolbeck moved to find Qwest rates are reasonable compared to the urban rates nationwide. Motion passed 3-0.
Commissioner Hanson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Brookings Municipal Telephone. Motion passed 3-0.
Vice Chairman Kolbeck moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Brookings Municipal Telephone dba Swiftel Communications. Motion passed 3-0.
There being no further business, at the hour of 10:23 a.m. the South Dakota Public Utilities Commission Meeting adjourned. The next Commission Meeting is scheduled for September 14, 2010.
/S/Stephanie Harmon
Stephanie Harmon
Administrative Secretary
September 14, 2010
