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PUBLIC UTILITIES COMMISSION MEETING
Tuesday, March 10, 1998; 10:00 A.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Burg called the meeting to order at 10:00 a.m. Present were Commissioner Laska Schoenfelder, Commissioner Pam Nelson, Executive Director Bill Bullard, General Counsel Rolayne Ailts Wiest, Staff Attorneys Karen Cremer and Camron Hoseck, Fixed Utilities Division Director Greg Rislov, Deputy Director Harlan Best, Utility Analysts Bob Knadle, Dave Jacobson, Steve Wegman and Tammi Stangohr, Engineer Martin Bettmann, Business Manager Sue Cichos, Consumer Representative Leni Healy, and Administrative Secretary Shirleen Fugitt.
Also present were Bob Miller, South Dakota Electric Utilities; Jim Wilcox, Northern States Power Company; Wade Reimers, Rapid City Gas; Audrey Ricketts, South Dakota Rural Electric Association; Gordon Woods, Rapid City Gas Transportation Company; Bob Mercer, Rapid City Journal; Al Lundy, South Dakota Public Radio; and Rich Coit, SDITC.
Joining the meeting by phone were Suzan Stewart, Glen Iverson and Gretta Knight, MidAmerican Energy; Dave Gerdes and John Winter, Northern States Power; Brian and Lee Somerville, Basic Long distance; Kyle White and Jim Jeffries, Black Hills Power & Light; Don Ball, Montana-Dakota Utilities; Jon Lehner and Colleen Sevold, U S WEST; Kevin McKee, complainant from Deadwood, South Dakota; and Darrell Seeman, complainant from Sioux Falls, South Dakota.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On February 18, 1998, and February 24, 1998. (Staff: Shirleen Fugitt.)
Commissioner Nelson moved to approve the minutes of the meetings held on February 18 and February 24, 1998. 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. Healy presented an update on inquiries and complaints received since the last Commission meeting.
Electric
Kevin McKee explained his complaint against Black Hills Power & Light. Kyle White noted that a proposal has been made by Black Hills Power & Light to e Electric. Action was deferred.
Natural Gas
Commissioner Schoenfelder moved to find that MidAmerican Energy did not commit an unreasonable act. Chairman Burg seconded and Commissioner Nelson dissented. Motion passed 2-1.
It was also noted that MidAmerican is now required to itemize any transfers and clearly identify the accounts that are being transferred in order to alleviate customer confusion.
Dave Gerdes, Northern States Power, stated that the question is whether the company is a gas utility and whether the Commission has jurisdiction in this matter. Following discussion as to the definition of a gas utility, Ms. Wiest recommended the application be amended. Mr. Gerdes stated that the company will amend the application. Action was deferred.
Glen Iverson, MidAmerican Energy, explained the 1997 economic development report.
Commissioner Nelson moved to approve the 1997 economic development report. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Wegman recommended approval of the 1998 economic development budget.
Commissioner Schoenfelder moved to approve the 1998 economic development budget. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer recommended that an intervention deadline be established and the executive director set a procedural schedule. She further recommended that a filing fee be assessed.
Commissioner Nelson moved to establish an intervention deadline and that the executive director set a procedural schedule. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Nelson moved to assess a filing fee not to exceed $8,000.00. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications
Commissioner Nelson moved that the Commission deny U S WEST's Motion for Late-Filed Exhibits. The Commission finds that these documents were available to U S WEST prior to the hearing and therefore U S WEST had the opportunity to offer the exhibits at the hearing but failed to do so.
Commissioner Nelson further moved that the Commission find that U S WEST has committed an unreasonable act in its failure to provide service to the Thompsons in a timely manner. She further moved that the Commission award the Thompsons the sum of $1,032.44 which consists of phone charges, mileage for trips to town to make phone calls, and time expended by the Thompsons due to lack of phone service. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motions passed 3-0.
Mr. Jacobson explained the application and recommended approval.
Chairman Burg moved to approve the application. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Stangohr explained the application and recommended approval with restrictions on prepaid calling cards, deposits and advance payments.
Commissioner Schoenfelder moved to approve the application with restrictions on prepaid calling cards, deposits and advance payments. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Stangohr explained the application and recommended approval.
Commissioner Schoenfelder moved to approve the application. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Stangohr explained the application and recommended approval contingent upon the receipt of a Certificate of Authority from the Secretary of State.
Commissioner Nelson moved to approve the application contingent upon receipt of a Certificate of Authority from the Secretary of State. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
6. IN THE MATTER OF EXCESSIVE CONSUMER COMPLAINTS AGAINST BASIC LONG DISTANCE FOR QUESTIONABLE MARKETING PRACTICES AND UNAUTHORIZED SWITCHING OF LONG DISTANCE SERVICE. (Consumer Affairs: Leni Healy.)
Lee Somerville addressed the issue. Ms. Healy recommended issuing an order to Show Cause.
Commissioner Schoenfelder moved to issue an Order to Show Cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
The meeting was adjourned.
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Shirleen Fugitt
Administrative Secretary
