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South Dakota Public Utilities Commission Meeting
Tuesday, March 9, 1999; 10:00 A.M.
State Capitol Building, Room 412
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Jim Burg called the meeting to order. Present were Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Deputy Executive Director Sue Cichos, Commission Advisor Greg Rislov, General Counsel Rolayne Ailts Wiest, Staff Attorneys Karen Cremer and Camron Hoseck, Utility Analysts Harlan Best, Bob Knadle, Dave Jacobson, Michele Farris and Keith Senger, Consumer Representative Leni Healy, Staff Engineer Martin Bettmann and Administrative Secretary Shirleen Fugitt.

Also present were Don Martinez, Kyle White, Jim Keck and Mutch Usera, Black Hills Power & Light; Bob Riter, FirsTel; Dave Gerdes, MDU; Rich Coit, SDITC; Jennifer Staley, SDREA; Bob Miller, South Dakota Electric Utility Companies; and Steve Wegman, Governor's Office of Operations.

Joining the meeting by phone were Commissioner Pam Nelson; Colleen Sevold, Tom Welk and Todd Lundy, U S WEST; Todd Epp, Basec.Net; Neil Schmid, Firstel; Don Ball, MDU; Rusty Molstad, NWPS; Todd Guerrero, Ottertail Power; and Jack Brown and Gwen Davis, Golden West.

Leadership

1. Election Of A Chairperson and Vice-Chairperson Of The Commission. (General Counsel: Rolayne Wiest.)

Commissioner Nelson nominated Commissioner Burg as Chairman. Commissioner Burg seconded. Commissioner Schoenfelder did not vote. Motion passed 2-0.

Commissioner Burg nominated Commissioner Nelson as Vice-Chair. Commissioner Nelson seconded. Commissioner Schoenfelder did not vote. Motion passed 2-0.

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On February 17, 1999. (Staff: Shirleen Fugitt.)

Chairman Burg moved to approve the minutes of February 17, 1999. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

Consumer Issues

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

Ms. Healy presented an update on inquiries and complaints received since the last Commission meeting.

Telecommunications

2. TC98-179 IN THE MATTER OF THE COMPLAINT FILED BY BARRY AND DAWN AUSTIN, WHITE OWL, SOUTH DAKOTA, AGAINST GOLDEN WEST TELECOMMUNICATIONS COOPERATIVE, INC. REGARDING DISCRIMINATORY INSTALLATION FEES. (Staff Attorney: Karen Cremer. Consumer Representative: Leni Healy.)

Commissioner Nelson moved to dismiss the complaint. Chairman Burg seconded. Commissioner Schoenfelder dissented. Motion passed 2-1.

Electricity

2. EL99-003 IN THE MATTER OF THE JOINT REQUEST OF OTTER TAIL POWER COMPANY AND SIOUX VALLEY SOUTHWESTERN ELECTRIC COOPERATIVE FOR THE TRANSFER OF RIGHTS AND PROPERTY PURSUANT TO SDCL 49-34A-55. (Staff Engineer: Martin Bettmann. Staff Attorney: Karen Cremer.)

Mr. Bettmann explained the request and recommended approval.

Chairman Burg moved to approve the request. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

Natural Gas

1. NG98-012 IN THE MATTER OF THE APPLICATION OF MONTANA-DAKOTA UTILITIES CO. FOR APPROVAL OF REVISIONS TO ELLSWORTH AIR FORCE BASE, RATE 64. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Don Ball representing Montana-Dakota Utilities explained the application. Dave Jacobson of Commission Staff argued that this service should be included in the tariff and recommended that the Commission may wish to rule the rate as jurisdictional but defer the appropriateness of the rate level until the company files its next rate case. Discussion followed. No action was taken at this time.

Telecommunications

1. TC98-194 IN THE MATTER OF THE COMPLAINT FILED BY BASEC.NET, HURON, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS AND FIRSTEL, INC. REGARDING BILLING ISSUES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Wiest recommended granting the request from U S WEST to amend answer to cross claim of FirsTel, Inc.

Commissioner Schoenfelder moved to grant the request from U S WEST to amend answer to cross claim of FirsTel, Inc. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

Tom Welk representing U S WEST and Bob Riter representing FirsTel argued the request to dismiss cross-claim of FirsTel, Inc. against U S WEST. Upon the recommendation of Ms. Wiest, the matter was taken under advisement.

2. TC99-012 IN THE MATTER OF THE APPLICATION OF ATLANTIC TELEPHONE COMPANY FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

Mr. Best explained the application and recommended approval.

Commissioner Schoenfelder moved to approve the application. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

3. TC99-013 IN THE MATTER OF THE APPLICATION OF TRI-M COMMUNICATIONS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Ms. Farris explained the application and recommended approval with restrictions on advance payments, deposits and prepaid calling cards.

Commissioner Schoenfelder moved to approve the application with restrictions on advance payments, deposits and prepaid calling cards. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

Electricity (Continued)

1. EL99-001 IN THE MATTER OF THE FILING BY BLACK HILLS POWER AND LIGHT COMPANY FOR APPROVAL OF NEW GENERAL SERVICE LARGE - OPTIONAL COMBINED ACCOUNT BILLING RATE SCHEDULE. (Staff Engineer: Martin Bettmann. Staff Attorney: Camron Hoseck.)

Kyle White, Black Hills Power and Light, explained the filing. Staff gave a cautioned recommendation for approval. Discussion followed.

Commissioner Schoenfelder moved to approve the filing and to order that Black Hills Power and Light file both an updated class cost of service study and one based on Docket EL95-003. Commissioner Schoenfelder also moved that Black Hills Power and Light Large General Service cost assignment may at that time be based on either of the class cost of service studies in any future general rate proceeding. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

The meeting was adjourned.

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Shirleen Fugitt
Administrative Secretary