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South Dakota Public Utilities Commission Meeting
Tuesday, March 14, 2000; 10:00 A.M.
State Capitol Building, Room 468
Pierre, South Dakota
NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605- 773-3201 by 5:00 p.m. on March 13, 2000. Please keep in mind that a limited number of telephone lines are available. Every effort should be made for parties in the same city to be on the same line when calling in.
NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.
AGENDA OF THE COMMISSION MEETING
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On February 11 and 29, 2000. (Staff: Shirleen Fugitt.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Staff Analyst: Leni Healy.)
The Commission has received 449 consumer contacts during 2000. 91 contacts have been received since the February 29, 2000, Commission meeting.
TELECOMMUNICATIONS: 86 of the contacts involved telecommunications. 22 of the contacts involved the unauthorized switching of service; 16 contacts concerned billing issues; 12 contacts involved the unauthorized billing for services; 10 of the contacts concerning billing at higher rates than promised; 6 contacts involved disconnection; 5 contacts involved refusal to release service; and the remaining issues concerned 900 numbers, cable cut, cellular service, collect call, held order, high fees, internet service, repair, and poor service.
ELECTRICITY: 3 of the contacts involved electricity issues. 2 contacts involved disconnections and 1 contact involved poor service.
NATURAL GAS: 2 contacts involving natural gas were reported. The issues were disconnection and rate increase.
194 complaints have been resolved informally during 2000.
On October 8, 1998, the Commission received a complaint by Sheryl L. Klein against U S WEST Communications, Inc. regarding poor service. The Complainant outlines a series of service outages, repair difficulties, outdated service and staffing issues. The Complainant seeks the following relief: "We want the line fixed completely and permanently, so it functions at a 100% reliable level. We want this done now, before another winter sets in. We have been told several possible problems by U S West repairmen including aging lines and old systems. We do not know what the solution is, but want it found and implemented now. We ask that U S West be required to make whatever investment is necessary to fully remedy the problem. We also want to be reimbursed for a reasonable amount for the loss of phone service and the associated stress and hassles. We request $500.00." A hearing in this matter was held on February 3, 1999, in Mission, South Dakota. A second hearing was held on November 4, 1999. At the December 14, 1999, meeting the Commission denied fines and moved to keep the docket open. The Kleins have indicated that they are still having trouble with their Internet hookup.
TODAY, staff has asked to put this on the agenda for an update. AND, how shall the Commission proceed?
On October 25, 1999, the Commission received a formal complaint from Lynne and Rod Flint, Doland, South Dakota, against MCI WorldCom for unauthorized switching of services. Complainants allege their long distance provider was switched without their authorization. Complainants request that the $1000 fine be awarded to them, all charges to their account be removed, and that the Commission impose a fine. Probable cause was found in this matter on November 15, 1999.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On December 14, 1999, the Commission received a complaint filed by Hazel Matteson, Watertown, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The Complainant indicated that she was contacted by a telemarketer claiming to represent her local telephone company to discuss billing changes. As a result, her service was switched to OLS. She requests that all the charges and change fees be credited to the account. Probable cause was found in this matter at the December 28, 1999, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On December 14, 1999, the Commission received a complaint filed by Mary E. Bowen, Watertown, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The Complainant received a call from someone representing themselves as an AT&T employee to discuss billing changes. As a result, her service was switched to OLS. She wants her service restored to AT&T and charges removed. Probable cause was found in this matter at the December 28, 1999, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On January 19, 2000, the Commission received a complaint from Gary and Cosette Mau, Milbank, South Dakota, against Qwest regarding unauthorized switching of services. The Complainants allege that their long distance provider was switched to Qwest without their authorization. The Complainants are asking that appropriate fines and penalties be imposed. Probable cause was found in this matter at the February 2, 2000, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On January 19, 2000, the Commission received a complaint from Hai Nguyen, Sioux Falls, South Dakota, against Qwest regarding unauthorized switching of services. The Complainant alleges that his long distance provider was switched without authorization. The Complainant is requesting that the respondent "should receive a fine as the law states". Probable cause was found in this matter at the February 2, 2000, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
On February 17, 2000, the Commission docketed a complaint filed by Leland R. and Coralie V. Bush, Sioux Falls, South Dakota, against Sprint Communications Company L.P. regarding unauthorized switching of services. The Complainants indicate that their long distance phone service was switched without their authorization. The Complainants state, "With the frequency of slamming being done (per FCC information) - I feel the urgency for an amount of compensation awarded to deter this type of practice by Sprint to STOP!"
TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon the Respondent?
On February 23, 2000, the Commission docketed a complaint filed by Byron Nogelmeier, Parker, South Dakota, against Excel Telecommunications, Inc. regarding billing issues. In July, 1999, complainant switched intrastate and interstate long distance service. Complainant continued to receive bills from his previous carrier, Excel Telecommunications through December, 1999. Complainant contacted Excel several times to inform them he had changed long distance carriers. The Complainant requests "that Excel be required to pay me the maximum amount allowed by law, which I believe is $1,000.00 and to refund to me all the charges for the months in question."
TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon the Respondent?
On February 28, 2000, the Commission received a complaint from William and Ruby Thompson, Aberdeen, South Dakota, against USBI, Utility Analysts, Inc. d/b/a Basic Long Distance and QAI, Inc. d/b/a Long Distance Billing regarding unauthorized switching of services and unauthorized billing for services. The Complainants allege that they have been billed for unauthorized charges on their last four phone bills. The Thompsons believe these charges are basic long distance service charges. They ask that the fine be imposed and the charges refunded.
TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon the Respondent?
On February 29, 2000, the Commission received a complaint filed by Lauer Capital Management LTD., Sioux Falls, South Dakota, regarding unauthorized switching of service against McLeodUSA. Lauer Capital Management, LTD switched all 6 of its phone lines from McLeod to Sprint on January 19, 2000. Calls were made from 3 of those lines January 22 - 25 and were billed by Sprint. The complainant alleges that all but one of the original 6 lines were switched back to McLeod service on or about January 25. The Complainant continues to receive billings from McLeod. The Complainant is requesting "$1,000 and the return of our long distance service to Sprint."
TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon the Respondent?
On March 1, 2000, the Commission docketed a complaint filed by Alfred Migge, Watertown, South Dakota, against OLS, Inc. regarding switching telecommunications services through deceptive tactics. The Complainant indicates that his service was switched through deceptive tactics in November 1999. The Complainant is seeking $1000 for all his troubles.
TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon the Respondent?
On February 29, 2000, the Commission received a complaint filed by Marvie Tschetter, Huron, South Dakota, regarding the delayed release of service and billing disputes against FirsTel. The Complainant switched her service from FirsTel to U S WEST in June of 1999. At that time, she understood that U S WEST would disconnect her services with FirsTel. FirsTel continued to bill for numbers that were to have been released to U S WEST and the Complainant alleges that the billings were incorrect. The Complainant's lead numbers have been disconnected by FirsTel. The Complainant requests that her telephone numbers be reactivated and released, "the Basec.Net account terminated and zeroed out with FirsTel upon release of the numbers" and, "after a complete audit of the account, and my numbers released, I will stop the proceedings."
TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon the Respondent?
Electric
1. EL00-004 IN THE MATTER OF THE FILING BY NORTHERN STATES POWER COMPANY FOR CONFIRMATION OF ANGUS C. ANSON COMBUSTION TURBINE FACILITY. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)
On February 15, 2000, the Commission received a filing from Northern States Power Company seeking an amendment to the order granting the permit in Docket EL91-001 to provide for the implementation of an improvement to the Angus C. Anson combustion turbines facility. NSP certifies that the Angus C. Anson combustion turbine facility will continue to meet the conditions upon which the permit was issued. NSP seeks confirmation that this improvement does continue to meet the conditions upon which the permit was issued.
TODAY, shall the Commission approve the proposed amendment?
On September 20, 1999, Otter Tail Power Company filed to revise the South Dakota Electric Tariff to include a price code for an energy only, outdoor-lighting service.
TODAY, shall the Commission approve the proposed tariff?
Natural Gas
On February 15, 2000, the Commission received a petition from South Dakota Intrastate Pipeline Company (SDIPC) seeking an amendment to its rate schedule to provide for an increase in its transportation charged to its only customer, Montana-Dakota Utilities Company. SDIPC proposes to make the change in its rate effective as of April 1, 2000. On March 1, 2000, Montana-Dakota Utilities filed a Petition to Intervene in this docket. The deadline for intervention was March 3, 2000.
TODAY, shall the Commission grant intervention to MDU?
Telecommunications
On November 29, 1999, the Commission received a request from Bell Atlantic Communications, Inc. (Bell Atlantic) for a Certificate of Authority to provide intrastate interexchange telecommunications services in South Dakota. Bell Atlantic intends to provide travel cards, operator services, and outbound intrastate toll service on a presubscribed basis to customers.
TODAY, shall the Commission grant a Certificate of Authority to Bell Atlantic Communications, Inc.?
NetworkIP, LLC seeks a Certificate of Authority to provide resold interexchange telecommunication services. NetworkIP, LLC intends to offer 1+ and 101XXXX direct outbound dialing, 800/888 Toll-Free inbound dialing, travel card services, and prepaid calling card services throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to NetworkIP, LLC?
On February 8, 2000, the Commission docketed the Application of United Communications HUB, Inc. (United) for a Certificate of Authority to provide telecommunications services in South Dakota. United seeks a Certificate of Authority to provide resold intrastate interexchange telecommunications services. United intends to offer 1+, 800, travel card, and dedicated interexchange services throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to United Communications HUB, Inc.?
On February 10, 2000, U S WEST Communications, Inc. filed an application for approval of revisions to its exchange and network services tariff. The purpose of the filing is to clarify the meaning of a fully assisted operator call and a partially assisted operator call. Rates will not be increased by this filing. The matter was deferred at the February 29, 2000, regular meeting.
TODAY, shall the Commission approve the proposed tariff change?
On February 15, 2000, the Commission received the application of Pathnet, Inc. for a Certificate of Authority to provide local exchange services in South Dakota. Pathnet, Inc. is seeking to provide resold and facilities-based local exchange telecommunication services in South Dakota. Pathnet intends to provide point to point private line and data services. They do not plan to provide basic local dial tone services to end-users. On March 1, 2000, SDITC filed a Petition to Intervene in this docket. The deadline for intervention was March 3, 2000.
TODAY, shall the Commission grant intervention to SDITC?
Announcements
1. Commissioners and Staff will be attending a NARUC Conference March 5-9, 2000.
2. NSP will be meeting with Staff and Commissioners on March 10, 2000, at 10:30am.
3. A hearing in docket TC99-106 (Geographic Deaveraging) will be held on March 15, 2000, at 8:30am, in Room 412 of the State Capitol.
4. A One-Call Rules hearing will be held on March 16, 2000 at 11:00am over various RDTN sites across the state.
5. A hearing is scheduled for March 16, 2000, at 2:00pm, in Room 412 of the State Capitol Building for docket CT99-087 (Ogan).
6. A hearing in docket CT99-041 (Cook) will be held on March 22, 2000, at 1:30pm, in Room 412 of the State Capitol.
7. On March 29, 2000, at 12:30 MST, a hearing will be held in docket TC98-155 (Spear/USWC), in Rapid City, SD, at the School Administration Building.
8. Commissioner Burg will be attending an RTO meeting in Kansas City on March 30, 2000.
9. Commissioners and Staff will be attending the ROC meeting April 2-4, 2000, in Omaha, NE.
10. On April 10, 2000, the Commission will hold a hearing in Sisseton for docket TC99-112 (Sale of Sisseton exchange) beginning at 1:30pm, at the Roberts County Courthouse.
11. Hearings are being scheduled during the week of May 1-5, 2000 in Pierre, for the OLS complaint dockets.
12. A hearing in docket CT99-072 (Sun Gold Trophies) will be held on May 10, 2000, at 9:00am in Room 412, of the State Capitol.
13. Commissioners Burg and Nelson will be attending a NARUC meeting in Montreal, Canada during May 21-24, 2000.
14. The next regularly scheduled Commission meeting will be held Tuesday, March 28, 2000, at 9:30am, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
Sue.Cichos@state.sd.us
March 7, 2000
