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South Dakota Public Utilities Commission Meeting
Tuesday, June 20, 2000; 1:30 P.M.
State Capitol Building, Room 412
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 June 19, 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.
PLEASE DON'T WAIT until the day of the meeting to contact us for the conference call.
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 Meeting Held On May 30, 2000. (Staff: Mary Giddings.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Staff Analyst: Leni Healy.)
The Commission has received 1082 consumer contacts during 2000. 118 contacts have been received since the last Commission meeting.
TELECOMMUNICATIONS: 101 of the contacts involved telecommunications. 20 of the contacts involved the unauthorized switching of service; 11 contacts concerned raising rates without notice; 16 contacts involved billing issues; 7 contacts involved billing for unauthorized services; 7 contacts reported poor service; 6 contacts could not get service when requested; 5 contacts were unsuccessful in attempting to disconnect service; 5 contacts involved double billing; 4 contacts concerned disconnections; and the remaining issues were 800 numbers, 900 numbers, calling cards, cellular service, continued billing, credit, deceptive practices, directory listing, fees, refund, and telemarketers.
ELECTRICITY: 14 of the contacts involved electricity issues. 8 of the contacts involved disconnection; 2 of the contacts involved billing issues; and the remaining issues were refusal to cancel, refusal to set up a payment plan, power outage, and refund.
NATURAL GAS: 3 contacts involving natural gas were reported. Disconnection, meter exchange and poor customer service were the issues.
853 complaints have been resolved informally during 2000.
On February 11, 2000, the Commission received a complaint from Cheryl Plucker, Chancellor, South Dakota, against MCI WorldCom regarding unauthorized switching of services. The complainant alleges that her long distance provider was switched to MCI WorldCom without her authorization. The complainant would like the charges dropped and the switching fee refunded. Also, all legal actions should be taken "so they can't do this to someone else." Probable cause was found in this matter at the February 29, regular meeting.
TODAY, if the matter is resolved shall the Commission dismiss the complaint & close the docket?
The complainant alleges that he received his February 2000 phone bill and it was hundreds of dollars higher than it has ever been. He discovered that his calling card calls had been billed at casual rates because he was no longer with AT&T. His long distance services had been switched to MCI without his knowledge in 1997 and switched again on December 1, 1999, to Sprint and Business Options without his knowledge. The complainant states that he or his wife have never authorized anyone to switch his long distance provider to AT&T. The complainant alleges unauthorized charges from CEO Telecom/LD Services in June and July, 1999. The complainant requests that his rates be adjusted to the date his service was changed without his consent. A hearing is scheduled in this matter for July 13, 2000.
TODAY, if the matter is resolved shall the Commission dismiss the complaint & close the docket?
The complainants allege that the long distance service to their business was switched by CEO Telecom/ LD Service, Long Distance Service and Business Options, Inc./Home Owners Long Distance without their authorization. The complainants request that the identified companies be prosecuted to the full extent of the South Dakota law.
TODAY, if the matter is resolved shall the Commission dismiss the complaint & close the docket?
The complainant alleges that the first receipt for charges from Network Services appeared on an invoice dated July 19,1999, and when contacted, Network Services informed Dean Electric, Inc. that the carrier for the 800 number remained AT&T and Network Services was only processing the billing
for AT&T. In December, 1999, upon contacting AT&T to inquire about a calling plan, Dean Electric, Inc. was informed that AT&T was not providing services to the 800 number. At this time Dean Electric, Inc. realized that Network Services had performed an unauthorized switch of 800 services and immediately contacted AT&T to transfer its services back. Dean Electric, Inc. has continued to receive monthly charges from Network Services, despite many requests to cancel the services. The complainant requests that the Dean Electric, Inc. account with Network Services be closed; the services be switched to AT&T at no additional cost; and that Dean Electric, Inc. receive a full refund of all Network Services charges. A hearing in this matter was scheduled for May 30, 2000. The hearing was cancelled.
TODAY, if the matter is resolved shall the Commission dismiss the complaint & close the docket?
5. CT00-071 IN THE MATTER OF THE COMPLAINT FILED BY PHYLLIS BREUER, SIOUX FALLS, SOUTH DAKOTA, AGAINST HOLD BILLING SERVICES, SPRINT COMMUNICATIONS COMPANY L.P. AND BUSINESS OPTIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)
The Complainant alleges that charges from HOLD, Sprint, and Business Options appeared on her billing without authorization. The Complainant requests credit of all charges and compensation for inconvenience.
TODAY, if the matter is resolved shall the Commission dismiss the complaint & close the docket?
Electric
Pursuant to Docket EL91-004, Northern States Power Company filed its report on 1999 economic development activities and its proposed economic development budget for 2000.
TODAY, shall the Commission approve NSP's 1999 Economic Development Report and 2000 Plan?
On June 1, 2000, the Commission docketed an application by Montana-Dakota Utilities Co. to comply with the Commission's Order in Docket F-3365 by remitting annually updated cogeneration rates for approval. No customers will be affected by the proposed changes as there are no customers currently served by these rates.
TODAY, shall the Commission approve the revised rate sheets?
On June 5, 2000, the Commission received a joint request for electric service territory exception between McCook Electric Cooperative and Sioux Valley Southwestern Electric Cooperative. The agreement between the two parties seeks an exception to the existing electric service territorial agreement to permit Sioux Valley Southwestern to provide electric service to Smith Farms, Inc. for a seed handling service in the Northeast quarter of Section 25, Township 103, Range 53 West.
TODAY, shall the Commission approve the joint request for service territory exception?
Gas/Electric
The Dunham Company has filed a request for a variance from Administrative Rules of South Dakota (ARSD) 20:10:26:04(6) for the Proposed River Centre Office Building in Sioux Falls, South Dakota. The proposal includes one electric and gas meter serving the first four floors with four or five additional gas and electric submeters for the condominium units on the fifth floor. A hearing in this matter was held on June 8, 2000, in Pierre.
Today, shall the Commission approve the variance request?
Telecommunications
CCCSD, Inc. d/b/a Connect! has requested an exemption from the requirement to develop switched access rates based on company specific costs.
TODAY, shall the Commission grant the exemption?
On February 4, 2000, Staff filed a Motion To Assess Fines and Statutory Penalties against Qwest Communications, Inc. The basis for this Motion is the number of complaints which have recently been filed against Qwest Communications, Inc. which are alleged to represent a pattern of inadequate service in South Dakota, of reckless disregard for South Dakota law and a disregard for the rights of South Dakota consumers. Staff moves the Commission to assess fines and penalties in accordance with SDCL 49-31-93, 49-31-94, impose other remedies and assess costs associated with processing the complaints.
TODAY, shall the Commission approve the resolution of this matter by Staff and, if so, close the docket?
On February 14, 2000, Qwest Communications Corporation, LCI International Telecom Corp., Phoenix Network, Inc., USLD Communications, Inc. and TeleDistance, Inc., all wholly-owned, indirect subsidiaries of Qwest Communications International Inc. (the "Parties"), filed a request for a Certificate of Authority for TeleDistance, Inc. to provide resold and facilities-based interexchange telecommunications services throughout South Dakota. TeleDistance, Inc. intends to offer retail and wholesale switched interLATA (and in certain instances intraLATA) long distance services (including direct dialed 1+ service and toll free service), retail and wholesale private line services, frame relay/ATM/IP transmission services, prepaid calling card services and operator services. The Parties also request that the Commission grant a waiver of Administrative Rules of South Dakota Chapter 20:10:34:02.01, governing unauthorized changes in carriers. On March 3, 2000, AT&T filed a petition to intervene in this docket. The Commission granted intervention to AT&T a March 28, 2000, regular meeting. On April 11, 2000, AT&T filed to withdraw its intervention.
TODAY, shall the Commission grant a Certificate of Authority to TeleDistance, Inc.?
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. SDITC withdrew its Petition on March 16, 2000.
TODAY, shall the Commission grant a Certificate of Authority to Pathnet, Inc. for local exchange service?
In this docket, Pathnet, Inc. is seeking a Certificate of Authority to provide resold and facilities-based interexchange telecommunication services in South Dakota. Pathnet intends to provide point to point private line and data services.
TODAY, shall the Commission grant a Certificate of Authority to Pathnet, Inc. for interexchange service?
Enhanced Communications Group, L.L.C. d/b/a ECG, L.L.C. has filed a request for a Certificate of Authority to offer resold interexchange services, including message toll service, incoming 800/888, and travel card services throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to Enhanced Communications Group, LLC d/b/a ECG, LLC?
As a result of a recent annexation to the City of Brookings, the Commission received a filing from the City of Brookings Telephone d/b/a Swiftel Communications for approval to include property recently annexed in its exclusive franchise territory. The service territory change includes the South East Quarter of the North East Quarter of Section 34, T110N, R50W; Outlot 5 in the South East Quarter of Section 15, T110N, R50W all in the County of Brookings, South Dakota; and Blocks 4,5, and 6, Freeland Addition in the South East Quarter of Section 18, T110N, R49W. The request is made pursuant to SDCL 49-31-21.
TODAY, shall the Commission approve the revised service territory?
On May 12, 2000, the Commission received an agreement between HJN Telecom, Inc. and U S WEST Communications, Inc. for approval by the Commission pursuant to 47 U.S.C. Section 252(e). The agreement allows HJN Telecom, Inc. and U S WEST Communications, Inc. to provide, within the geographical areas where U S WEST is the incumbent Local Exchange Carrier, the resale of local Telecommunications Services. Parties had until June 9, 2000, to comment.
TODAY, shall the Commission approve the Resale Agreement?
Baltic Telecom Cooperative filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association.
TODAY, shall the Commission assess a filing fee not to exceed $100,000?
On May 17, 2000, the Public Utilities Commission received an agreement between Avera Communication, L.L.C. and U S WEST Communications, Inc for approval by the Commission pursuant to 47 U.S.A. Section 252(e). The agreement allows Avera Communication to provide (a) services for resale, (b) certain unbundled network elements, ancillary functions and additional features to Avera (collectively referred to as "Network Elements") for Avera's offering and provisioning of telecommunications services. The agreement also sets forth the terms, conditions and prices under which the parties agree to interconnect and pay reciprocal compensation for the exchange of local traffic. Parties had until June 14, 2000, to comment.
TODAY, shall the Commission approve the Interconnection and Service Resale agreement?
West River Cooperative Telephone Company, Bison, SD, filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association.
TODAY, shall the Commission assess a filing fee not to exceed $100,000?
Natural Gas
1. IN THE MATTER OF COMMISSION INVOLVEMENT IN WILLISTON BASIN INTERSTATE PIPELINE'S REQUEST FOR REHEARING BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION REGARDING WILLISTON BASIN'S CURRENT RATE CASE RP00-107. (Staff Analyst: Dave Jacobson.)
On December 1, 1999, Williston Basin Interstate Pipeline Company filed for a $13.4 million rate increase before the Federal Energy Regulatory Commission. The Commission approved involvement in this case in December, 1999, and subsequently intervened and protested Williston's filing in partnership with the Montana Consumer Counsel. Also, other issues in pending appeals may need to be addressed. In past cases, the Montana Consumer Counsel and the Montana Public Service Commission have offered to share in the cost of these proceedings.
TODAY, shall the Commission go forward with its participation in the analysis of WBI's current rate case by providing funding for consultants?
Announcements
1. Commissioners Burg and Nelson will be attending the MARC conference in St. Louis on June 11- 14, 2000.
2. On June 19, 2000, at 1:30pm in Room 412 of the State Capitol a hearing in Docket CT00-058 (Lerolh/Business Options/HOLD) will be held.
3. On June 20, 2000, at 8:30am in Room 412 of the State Capitol a hearing in Docket CT00-070 (Janssen/Business Options) is scheduled.
4. Commissioners and staff will be attending a 706 conference in Cheyenne, Wyoming on June 21- 23, 2000.
5. A hearing is scheduled for June 27, 2000, at 1:30pm in Room LCR1 of the State Capitol for Docket CE00-001 (Pease/NWPS).
6. A hearing in CT99-053 (Storbeck/Sprint/Accutel) is scheduled for June 28, 2000, at 1:30pm, in Huron, South Dakota.
7. A hearing is scheduled for Docket CT00-014 (Sleep Inn/Sprint/McLeod/USWC) on June 29, 2000, in Room 412 of the State Capitol at 1:30pm.
8. A hearing is scheduled for July 6, 2000, at 8:30am, in Docket CT00-072 (Nelson/USWC/Billing Practices) in Room 412 of the State Capitol.
9. On July 6, 2000, a hearing will be held at 8:30am, in Docket CT00-073 (Meiners/Minimum Rate Pricing) in Room 412 of the State Capitol.
10. A hearing is scheduled for July 6, 2000, at 8:30am, in Docket CT00-074 (Lengkeek/Crusade/Business Options) in the State Capitol.
11. A hearing in Docket CT00-065 (Jensen/Global Crossings/TelTrust) will be held on July 12, 2000, at 1:30pm, in Room 412 of the State Capitol.
12. A hearing is scheduled for July 13, 2000, for Docket CT00-057 (Mann/MCI/Sprint/ USBI/Business Options/HOLD/CEO Telecommunications) at 1:30pm in Room 412 of the State Capitol.
13. A hearing in Docket TC99-107 (Western/Touchtone fines penalties) will be held on July 17, 2000, at 1:00pm, in Room LCR1 of the State Capitol.
14. On July 18, 2000, a hearing will be held in Docket CT00-050 (Witcher/USWC/AT&T) at 1:30pm, in Room LCR1 of the State Capitol.
15. A hearing is scheduled for July 19, 2000, in Docket CT00-002 (Grider/Qwest) at 1:30pm, in Room 412 of the State Capitol.
16. A hearing is scheduled in Docket CT00-020 (Jensen/McLeod/USWC) for August 23, 2000, at 1:30pm in Room 412 of the State Capitol.
17. The next regularly scheduled Commission meeting will be held Thursday, July 6, 2000, at 2:00pm, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
Sue.Cichos@state.sd.us
June 13, 2000
