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South Dakota Public Utilities Commission Meeting


Thursday, June 13, 2002; 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 12, 2002.

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, 2002. (Staff: Mary Giddings.)

Consumer Issues

1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Mary Healy.)

The Commission has received 772 consumer contacts during 2002. 55 of the
complaints were received since the May 30, 2002, meeting. So far the Commission has resolved 737 informal consumer complaints

.

TELECOMMUNICATIONS: 42 of the contacts involved telecommunications. 12 contacts concerned billing issues; 2 concerned the unauthorized switch in telecommunication services; 3 concerned delayed service or delayed disconnect; 4 contacts involved telemarketers; 2 involved poor service; 3 contacts involved unauthorized billing; 2 involved phone book listings and some of the remaining contacts involved Life Line/Link Up, long distance providers, cellular service and administrative rules.


ELECTRICITY: 4 of the contacts involved electricity issues. 3 of the contacts concerned disconnect and 1 concerned delayed service.


NATURAL GAS: 5 of the contacts involved natural gas. 1 of the contacts concerned billing; 1 contact involved disconnects; 1 construction; 1 concerned denied service and 1 involved gas prices

.

2. CN02-001 IN THE MATTER OF THE COMPLAINT FILED BY ROSLYN BULLION, DELL RAPIDS, SOUTH DAKOTA, AGAINST MIDAMERICAN ENERGY COMPANY REGARDING A BILLING DISPUTE. (Staff Analyst: Mary Healy. Staff Attorney: Kelly Frazier.)

Complainant has several billing issues in dispute regarding more than one property. Complainant requests that her debt be removed from her son's address, that money she has paid be applied to the appropriate account, information be provided to her as to why she should pay a bill for a vacant property that she does not own, she be awarded monetary relief for a collection action that she does not owe, her service be restored and meter readings be given for the months of November, December, January, February, March and April. On May 23, 2002, MidAmerican filed a Supplemental Answer and Motion to Dismiss.

TODAY, shall the Commission grant MidAmerican's Motion to Dismiss?

3. CT02-013 IN THE MATTER OF THE COMPLAINT FILED BY CHARLENE LUND ON BEHALF OF SDCASAA, PIERRE, SOUTH DAKOTA, AGAINST MCIWORLDCOM AND QWEST CORPORATION REGARDING UNAUTHORIZED BILLING FOR SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Kelly Frazier.)

Complainant's representative states that the April 2002 phone bill contained an unauthorized charge for a 900 number call. Complainant's representative states that she did not make the call and there is no one else with access to the phone line. Complainant feels that the charge is either a billing error or a scam. Complainant's representative is requesting $1,000.00 to resolve the docket. On May 30, 2002, the Commission denied the requests of Qwest and MCI to dismiss the complaint. On June 5, 2002, MCI filed a Motion to Require Representation, or to Dismiss.

TODAY, shall the Commission order the SDCASAA to obtain counsel to represen elf before the Commission at the contested case hearing?

Electric

1. EL02-007 IN THE MATTER OF THE APPLICATION OF XCEL ENERGY FOR APPROVAL TO RENEW THE CUSTOMER BUYBACK PROGRAM. (Staff Analyst: Keith Senger. Staff Attorney: Kelly Frazier.)

Northern States Power Company d/b/a Xcel Energy (Xcel) is requesting the Commission renew its Customer Buyback Program. The original program tariff was approved by the Commission on July 20, 2000, and expired December 31, 2001. This renewal would allow Xcel to purchase energy from its large customers who curtail their load.

TODAY, shall the Commission approve the proposed Buyback Program?

2. EL02-011 IN THE MATTER OF THE APPLICATION OF BLACK HILLS POWER, INC. FOR AN ORDER AUTHORIZING ISSUANCE OF FIRST MORTGAGE BONDS. (Staff Analysts: Dave Jacobson/Heather Forney. Staff Attorney: Karen Cremer.)

Application by Black Hills Power, Inc. for approval to issue up to $75,000,000 of first mortgage bonds. Black Hills Power, Inc. states that the new bonds are proposed to be issued as a result of recent and forthcoming capital expenditures, debt service requirements, and to establish a debt/equity ratio more consistent with other typical utility companies. This filing is being made pursuant to SDCL 49-34A-29 and SDCL 49-34A-32.

TODAY, shall the Commission approve the issuance of the proposed mortgage bonds?

Natural Gas

1. NG02-003 IN THE MATTER OF THE APPLICATION OF MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF REVISIONS TO ITS SOUTH DAKOTA NATURAL GAS TARIFF. (Staff Analyst: Dave Jacobson. Staff Attorney: Kelly Frazier.)

Application by MidAmerican Energy Company for approval of tariff revisions limiting the availability of Small Volume Interruptible and Large Volume Interruptible rates to existing customers as of the effective date of this tariff change. For reasons including small interruptible load and additional administrative expense, MidAmerican is proposing to limit interruptible rates to existing customers and may in the future file to eliminate the interruptible purchased gas adjustment therefore consolidating the firm and interruptible rates.

TODAY, shall the Commission approve the proposed tariff?

Telecommunications

2. TC01-165 IN THE MATTER OF THE ANALYSIS INTO QWEST CORPORATION'S COMPLIANCE WITH SECTION 271(C) OF THE TELECOMMUNICATIONS ACT OF 1996. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

On October 25, 2001, Qwest Corporation filed with the Commission a Petition For Commission Recommendation That The Federal Communications Commission Grant Qwest Corporation Entry Into The In-Region InterLATA Market Under Section 271 Of The Telecommunications Act Of 1996. Specifically, Qwest Corporation requests that this Commission find, based upon the record presented, that Qwest Corporation has met the competitive checklist and other requirements of 47 U.S.C. Section 271, which prescribe the mechanism by which Qwest Corporation may be found eligible to provide in-region interLATA services and rely upon that finding to provide a favorable recommendation to the Federal Communications Commission. In support of its petition, Qwest Corporation submitted 25 affidavits, a revised Statement of Generally Available Terms, and 7 Reports submitted in the Seven-State Process. Black Hills FiberCom, Midcontinent Communications, and AT&T were granted intervention on November 27, 2001. A hearing was held in this matter from April 22-30, 2002. On May 14, 2002, AT&T filed a Motion to Reopen Proceedings to allow admission of additional evidence relating to certain unfiled, secret agreements between Qwest and some new entrants. On June 5, 2002, Touch America filed a Petition to Intervene and Motion to Reopen Issues.

TODAY, shall the Commission grant AT&T's Motion to Reopen Proceedings? ALSO, shall the Commission grant Touch America's Petition to Intervene? AND, IF SO, shall the Commission grant Touch America's Motion to reopen issues?

2. TC02-035 IN THE MATTER OF THE FILING FOR APPROVAL OF AN AMENDMENT TO AN INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION AND MIDWEST WIRELESS COMMUNICATIONS, L.L.C. AND SWITCH 2000 L.L.C. (Staff Attorney: Kelly Frazier.)

On April 12, 2002, the Commission received for approval a filing of an Amendment to the Interconnection Agreement between Midwest Wireless Communications, L.L.C. and Switch 2000 L.L.C. and Qwest Corporation. According to the parties, the agreement is a negotiated agreement and is made in order to implement the requirements of the FCC Order on Remand and Report and Order in CC Docket Nos. 96-98 and 99-68 regarding intercarrier compensation for Internet service provider (ISP) bound traffic. Parties had until May 2, 2002, to file comments.

TODAY, shall the Commission approve the proposed amendment?

3. TC02-038 IN THE MATTER OF THE APPLICATION OF TELENATIONAL COMMUNICATIONS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Telenational Communications, Inc. (Telenational) filed an application for a Certificate of Authority to provide interexchange telecommunications services in South Dakota. Telenational intends to provide direct dial outbound long distance service through Feature Group "D" circuits ordered by the Company.

TODAY, shall the Commission grant a Certificate of Authority to Telenational Communications, Inc.?

4. TC02-047 IN THE MATTER OF THE FILING FOR APPROVAL OF DISAGGREGATION OF FEDERAL UNIVERSAL SERVICE SUPPORT BY KENNEBEC TELEPHONE COMPANY. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

On May 14, 2002, a proposed Universal Service Support Disaggregation plan was submitted by Kennebec Telephone Company (Kennebec) in accordance with 47 C.F.R. Section 54.315. Kennebec has selected Path 2 as described in Section 54.315(c). On May 31, 2002, SDTA filed a Petition to Intervene.

TODAY, shall the Commission grant intervention to SDTA? AND, shall the Commission approve the proposed filing?


5. TC02-048 IN THE MATTER OF THE FILING FOR APPROVAL OF DISAGGREGATION OF FEDERAL UNIVERSAL SERVICE SUPPORT BY ROBERTS COUNTY TELEPHONE COOPERATIVE ASSOCIATION. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

On May 14, 2002, a proposed Universal Service Support Disaggregation plan was submitted by Roberts County Telephone Cooperative Association (Roberts County) in accordance with 47 C.F.R. Section 54.315. Roberts County has selected Path 2 as described in Section 54.315(c). On May 31, 2002, SDTA filed a Petition to Intervene.

TODAY, shall the Commission grant intervention to SDTA? AND, shall the Commission approve the proposed filing?

Administration

1. IN THE MATTER OF THE CONTRACT WITH QSI CONSULTING. (Executive Director: Debra Elofson.)

On December 27, 2001, the Commission approved a contract with QSI Consulting for preparation and presentation of testimony in Docket TC01-165 (Qwest 271) in the amount of $35,110.00. On May 31, 2002, QSI requested a contract amendment of an additional $6,000.00.

TODAY, shall the Commission approve the proposed $6,000.00 contract amendment?

Announcements

1. A hearing in Docket CC02-001 is scheduled for June 13, 2002, at 8:30am in Room 412 of the State Capitol.

2. The next regularly scheduled Commission meeting will be held July 9, 2002, at 1:30pm, in Room 412 of the State Capitol Building.



Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
June 6, 2002