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PUBLIC UTILITIES COMMISSION MEETING
Tuesday, April 15, 1997; 10:00 A.M.
Room 412, State Capitol
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Burg called the meeting to order at 10:00 a.m. Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, General Counsel Rolayne Ailts Wiest, Staff Attorneys Karen Cremer and Camron Hoseck, Fixed Utilities Division Director Greg Rislov, Telecommunications Analyst Harlan Best, Utility Analysts Bob Knadle, Dave Jacobson and Tammy Stangohr, Business Manager Sue Cichos, Consumer Representative Leni Healy and Administrative Secretary Shirleen Fugitt.
Also present were Bill Heaston, Jon Lehner and Colleen Sevold, U S WEST; Dave Gerdes, MCI; Rich Coit, SDITC; Charlie McGuigan, Department of Agriculture; Mutch Usera and Kyle White, Black Hills Power & Light; Chris Braendlin, Governor's Office of Economic Development; John Lovald, AT&T; Robert and Kathleen Marmet, DCT; Darla Pollman Rogers, Golden West; Warren May, McLeod USA; Dick Tieszen, Sprint Communications; and Bob Mercer, Rapid City Journal.
Joining the meeting by phone were Mary Lohnes and Tom Simmons, Midco Communications; Dean Anderson, ITC; Andrea Wade, Netway Advertising; Alice Walker, Cheyenne River Sioux Tribe Telephone Authority; Brian Donohoe and Greg Grablander, Baltic Telecom; Suzan Stewart and Marv Sorenson, MidAmerican Energy; Tom Hertz, DTI; Susan Anderson Bachman, Darnell Oberle, Denis Drake, Dave Hinders and Mick Gleason, NWPS; Jennifer Erickson, Pam Natural Gas; Dennis McFarland, Pam Communications; Bob Coture, U S WEST; Steve Aberle, an attorney from Timber Lake; Andrew Fergel representing the City of McIntosh; and Todd Schaufenbuel, complainant in NG97-005.
Administration
1. Approval Of The Minutes Of The Commission Meeting of April 1, 1997. (Staff: Shirleen Fugitt.)
Commissioner Nelson moved to approve the minutes of the April 1, 1997, Commission meeting. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Consumer Affairs
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Representative: Leni Healy.)
Ms. Hook presented an update on inquiries and complaints received since the last Commission meeting.
Telecommunications
1. TC94-122 IN THE MATTER OF THE SALE OF CERTAIN TELEPHONE EXCHANGES BY U S WEST COMMUNICATIONS, INC. TO CERTAIN TELECOMMUNICATIONS COMPANIES IN SOUTH DAKOTA. (Staff Attorney: Camron Hoseck.)
Following discussion on whether or not to reopen the record for the purpose of allowing new evidence, Ms. Wiest recommended deferral. Action was deferred.
Electricity
Mr. Knadle explained the filing. Kyle White and Mutch Usera of Black Hills Power & Light presented further explanation and answered questions from the Commissioners.
Commissioner Schoenfelder moved to approve the filing. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Electricity and Natural Gas
1. IN THE MATTER OF NORTHWESTERN PUBLIC SERVICE COMPANY'S '97 BLIZZARD BEATER PROGRAM. (Staff Analyst: Bob Knadle.)
Mr. Knadle summarized his findings on the computer error and reported that no complaints were filed as the result of the computer error which occurred following the implementation of this program. Mr. Knadle recommended that no further investigation is necessary. Commissioners were satisfied that no further action is necessary.
1. NG96-016 IN THE MATTER OF THE COMPLAINT FILED BY PAM NATURAL GAS AGAINST MIDAMERICAN ENERGY COMPANY REGARDING PGA FACTORS. (Staff Analysts: Dave Jacobson and Steve Wegman. Staff Attorney: Camron Hoseck.)
Commissioner Nelson moved to grant MidAmerican's request to treat its workpapers underlying the PGA as confidential. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Jacobson explained the filing and recommended approval. Discussion followed as to the effective date based upon the campany's late filing.
Commissioner Schoenfelder moved to approve the application with an April 1, 1997, effective date. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Todd Schaufenbuel explained his complaint against Northwestern Public Service. Representatives from NWPS explained the procedures taken to investigate the complaint and noted that the meter was not examined by an independent company.
Commissioner Nelson moved to find probable cause and to have an independent company examine the meter in question. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications (Cont'd)
2. TC96-156 IN THE MATTER OF THE APPLICATION OF SPRINT COMMUNICATIONS COMPANY L.P. FOR AN AMENDED CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE ACCESS TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
Mr. Best explained the application and recommended granting an amended Certificate of Authority to Sprint Communications. Dick Tieszen representing Sprint spoke in support of staff's recommendation.
Commissioner Schoenfelder moved to grant an Amended Certificate of Authority to Sprint Communications and to waive subparagraphs (8) and (12) of ARSD 20:10:24:02. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Jacobson recommended deferral. Action was deferred.
Dave Gerdes, MCI, and John Lovald, AT&T, spoke in support of interventions by both companies, respectively.
Commissioner Schoenfelder moved to grant intervention to MCI and AT&T. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Jacobson recommended deferral. Action was deferred.
Ms. Stangohr explained the application and recommended approval.
Commissioner Schoenfelder moved to approve the application and authorize MFSI-SD to offer its services in those areas in South Dakota where U S WEST is the incumbent local exchange carrier and to waive subparagraphs (6), (7), (8), (11), and (12) of ARSD 20:10:24:02. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Greg Grablander, representing East Plains Telecom, Inc., a wholly owned subsidiary of Baltic Telecom, explained the application. Mr. Jacobson presented further explanation and recommended approval.
Commissioner Nelson moved to approve the application. Chairman Burg seconded. Commissioner Schoenfelder dissented. Motion passed 2-1.
Doug Schneider spoke in support of the intervention request filed by PAMCOMM.
Commissioner Schoenfelder moved to grant intervention to PAMCOMM. Commissioner Nelson seconded. Chairman Burg dissented. Motion passed 2-1.
Addendum
Telecommunications
Andrea Wade, Netway Advertising, explained her complaint against Golden West Telecommunications regarding internet access charges. Ms. Cremer recommended finding probable cause.
Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications (Cont'd)
9. IN THE MATTER OF THE PRACTICE OF LONG DISTANCE RESELLERS TO OPERATE WITHIN THE STATE OF SOUTH DAKOTA WITHOUT AN IDENTIFYING PIC NUMBER. (Consumer Representative: Leni Healy.)
Ms. Hook explained the process for obtaining Primary Interstate Carrier (PIC) numbers with further explanation from Dean Anderson, ITC.
Commissioner Schoenfelder moved to open an investigative docket in this matter. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Miscellaneous
1. IN THE MATTER OF THE PROPOSED AGREEMENT BETWEEN THE COMMISSION AND WASHINGTON STATE UNIVERSITY FOR A STUDY OF MUNICIPAL WATER-BASED HEAT PUMP HEATING AND/OR COOLING SYSTEMS. (Staff Analyst: Steve Wegman. Staff Attorney: Camron Hoseck.)
Mr. Hoseck noted that corrections have been made and the contract is now ready for approval.
Commissioner Schoenfelder moved to approve the contract. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
The meeting was adjourned.
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Shirleen Fugitt
Administrative Secretary
