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South Dakota Public Utilities Commission Meeting
Wednesday, May 12, 1999; 1:30 P.M.
State Capitol Building, Room LCR#1
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Jim Burg called the meeting to order. Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Deputy Executive Director Sue Cichos, General Counsel Rolayne Ailts Wiest, Commission Advisor Greg Rislov, Staff Attorneys Karen Cremer and Camron Hoseck, Telecommunications Analyst Harlan Best, Utility Analysts Bob Knadle and Dave Jacobson, Consumer Representative Leni Healy, Transportation/Warehouse Division Director Jeff Lorensen and Administrative Secretary Shirleen Fugitt.
Also present were Lori Grode, Pierre Court Reporting; Mike Shaw, Heartland Telecommunications; Lawrence Klein, and Milton Klein, complainants from Valentine, Nebraska; Rich Coit, SDITC; Sandy Hofstetter, AT&T; Brenda Kleinjan, SDREA; and Chet Brokaw, The Associated Press.
Joining the meeting by phone were Bill Heaston, DTG; Loretta Calabro and Lee Darrington, Telec Consulting; Colleen Sevold, Ed Peters and Tom Welk, U S WEST; Brad Schardin, Lincoln-Union Electric; Steve Wegman, Governor's Office of Operations; and the following complainants Jim Frankenstein, JoAnn Klein, Douglas Kuper, Constance Johnson, Loretta Spears, and Margaret Figert.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On April 26, 1999. (Staff: Shirleen Fugitt.)
Commissioner Nelson moved to approve the minutes of April 26, 1999. Commissioner Schoenfelder seconded and Chairman Burg 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 consumer inquiries and complaints received since the last Commission meeting.
Telecommunications
Addendum
Mike Shaw, Heartland Telecommunications Company, explained the filing. Mr. Hoseck recommended approval.
Chairman Burg moved to approve the filing. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ed Peters, U S WEST, reported on the work that is being done to resolve these complaints and noted that the company anticipates completion by the end of May. Sheryl Klein, Milton Klein, JoAnn Klein, Lawrence Klein and Margaret Figert each reported on difficulties they have experienced with their phone service since the Commission held a hearing on February 3, 1999. Mr. Hoseck recommended the Commission require a June 1, 1999, deadline for completion of the work and the testing.
Commissioner Nelson moved that the cable be in place and testing completed by June 8, 1999. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Wiest stated that the Commission may put U S WEST on notice that if the work is not completed by the June 8, 1999 deadline, a fine will be imposed.
Ed Peters, U S WEST, reported on the work being done to resolve this complaint. Ms. Spears reported that she has experienced improvement in her phone service since the December 5, 1998, hearing. Ms. Wiest recommended that an update be heard at the June 8, 1999, Commission meeting.
Chairman Burg moved that U S WEST provide adequate service by June 8, 1999. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Frankenstein explained the problems he experiences with his telephone service. Colleen Sevold, U S WEST, noted that the company is investigating the complaint. Mr. Hoseck recommended finding probable cause.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Constance Johnson explained her complaint against U S WEST regarding billing. Colleen Sevold, U S WEST, reported that all charges for U S WEST advertising have been removed. Mr. Hoseck recommended that probable cause be found as to billing and long distance aspects of the complaint and no probable cause be found on the U S WEST Dex billing. Ms. Wiest recommended deferral.
Commissioner Schoenfelder moved that the matter be deferred to see if a resolution could be reached by June 8, 1999. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Jacobson explained the application and recommended approval with restrictions on prepaid calling cards, deposits and advance payments.
Chairman Burg moved to approve the application with restrictions on prepaid calling cards, deposits and advance payments. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Best explained the filing and recommended approval contingent upon receipt of a surety bond.
Commissioner Schoenfelder moved to approve the filing contingent upon receipt of a surety bond. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Electric
Brad Schardin, Lincoln-Union Electric, Steve Wegman, formerly of PUC Staff, and Mr. Kuper reported on the status of the complaint.
Commissioner Schoenfelder moved that the testing be stopped, that a final report be filed, and the existing order be amended to reflect the same. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Telecommunications (continued)
Mr. Best recommended approval of this application.
Commissioner Schoenfelder moved to approve the application. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Cremer explained the application and recommended approval with restrictions on prepaid calling cards, deposits and advance payments.
Chairman Burg moved to approve the application with restrictions on prepaid calling cards, deposits and advance payments. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Rich Coit, SDITC, requested approval of content and form of the carrier notification letters which will be sent out in advance of final Commission action on the proposed plans to the companies listed on the agenda. Ms. Cremer recommended approval of the carrier letters.
Chairman Burg moved to approve the carrier letters. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Best recommended approval of this application.
Commissioner Schoenfelder moved to approve the application. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Transportation/Warehouse
Chairman Burg moved to approve Staff's recommendation of claims that should be paid. Following discussion, Commissioner Schoenfelder seconded. Commissioner Nelson dissented. Motion passed 2-1.
Telecommunications (continued)
Addendum
Ms. Cremer noted that the company has requested withdrawal of this application.
Chairman Burg moved to allow the withdrawal of the application and to close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Knadle recommended approval with restrictions on prepaid calling cards, advance payments and deposits.
Commissioner Nelson moved to approve the application with restrictions on prepaid calling cards, advance payments and deposits. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
The meeting was adjourned.
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Shirleen Fugitt
Administrative Secretary
