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South Dakota Public Utilities Commission Meeting
Tuesday, August 17, 1999; 10:00 A.M., 10:30 A.M., 11:30 A.M. and 1:00 P.M.
State Capitol Building, Room 413
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, Acting General Counsel Mike Myers, Commission Advisor Greg Rislov, Staff Attorneys Karen Cremer and Camron Hoseck, Telecommunications Analyst Harlan Best, Utility Analysts Dave Jacobson, Michele Farris, Keith Senger and Heather Forney, Consumer Representative Leni Healy, Engineer Martin Bettmann and Administrative Secretary Shirleen Fugitt.
Also present were Colleen Sevold, U S WEST; Rich Coit, SDITC; Tom Harmon, Sprint; Neil Fulton representing MCI WorldCom and Northern States Power; Kirk Lavengood, Greg Porter, Mark Hewett and Suzan Stewart, MidAmerican Energy; Jennifer Stalley, SDREA; Roberta Lovald, complainant from Pierre, SD; and John Hatch, Complainant from Pierre, SD.
Joining the meeting by phone were Tom Welk, Alex Duarte and Ed Peters, U S WEST Communications; Neil Schmid, FirsTel; Mary Lohnes and Tom Simmons, Midco Communications; Marv Sorenson and Dave Blomquist, MidAmerican Energy; Dennis Hines, Northwestern Public Service; Sev MacPete, Avera Communications; Paul Schuetzler, Consolidated Telephone Cooperative; Andrew Jones, Sprint; and complainants Milton Klein, Sheryl Klein, JoAnn Klein, Lawrence Klein, Darwin Wolf, Lou Schuelke, Judy Raker, Edward Peltz, and Natalie Parks.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On July 29, 1999. (Staff: Shirleen Fugitt.)
Commissioner Nelson moved to approve the minutes of the July 29, 1999, Commission Meeting subject to changing the date of the meeting from July 27 to July 29. 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 Representative: Leni Healy.)
Ms. Healy presented an update on consumer inquiries and complaints received since the last Commission meeting.
Dockets
Ms. Cremer recommended dismissing the complaint and closing the docket.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Hoseck addressed the four complaints above and noted that the customers have indicated that problems still exist with their telephone service. Lawrence Klein, Milton Klein, JoAnn Klein and Sheryl Klein explained the problems they are experiencing. Ed Peters, U S WEST, noted that the company will continue to investigate the complaints and present a report to the Commission by Friday of next week.
Ms. Cremer recommended dismissing the complaint and closing the docket.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Hoseck reported that the parties have requested deferral. Action was deferred.
Ms. Healy reported that a resolution has been reached.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Hoseck recommended finding probable cause.
Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Darwin Wolf explained his complaint. Mr. Hoseck recommended finding probable cause.
Chairman Burg moved to find probable cause. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Cremer recommended dismissing the complaint and closing the docket.
Commissioner Schoenfelder moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Lou Schuelke explained her complaint. Colleen Sevold, U S WEST Communications noted that the company has not had an opportunity to investigate the complaint as of yet.
Commissioner Schoenfelder moved to find probable cause. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Judy Raker explained her complaint. Colleen Sevold, U S WEST, reported that Ms. Raker lives in a new development in Rapid City and the company is working on providing service to the development. Ms. Cremer recommended finding probable cause.
Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Edward Peltz explained his complaint. Colleen Sevold, U S WEST, addressed the complaint.
Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Chairman Burg moved to defer indefinitely and to open an alternative docket. Commissioner Nelson seconded. Commissioner Schoenfelder dissented. Motion passed 2-1.
Mr. Hoseck presented background information on the agreement and noted that the companies are requesting additional time.
Commissioner Schoenfelder moved to defer until the September 8, 1999, Commission Meeting. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Hoseck presented background information and recommended denial of the agreement.
Commissioner Schoenfelder moved to deny the agreement and close the docket. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Senger explained the application and recommended approval subject to rural safeguards, bond requirements and a waiver of ARSD 20:10:32:03(8) and (11).
Chairman Burg moved to approve the application with the conditions noted above. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Hoseck explained the filing and recommended approval.
Commissioner Schoenfelder moved to approve the filing. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Farris explained the application and recommended approval with the waiver of ARSD 20:10:24:02(8) and restrictions on advance payments, deposits and prepaid calling cards.
Chairman Burg moved to approve the application with the conditions noted above. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Cremer recommended extending the suspension and modification of the dialing parity requirements to January 1, 2000, and that a dialing parity plan be filed with the Commission by November 15, 1999.
Commissioner Schoenfelder moved to extend the suspension and modification of the dialing parity requirements to January 1, 2000, and that a dialing parity plan be filed with the Commission by November 15, 1999. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
14. TC99-042 IN THE MATTER OF THE FILING BY CONSOLIDATED TELEPHONE COOPERATIVE AND ITS WHOLLY OWNED SUBSIDIARY, CONSOLIDATED TELCOM, INC. FORMERLY KNOWN AS CTC COMMUNICATIONS, INC. FOR APPROVAL OF PETITION FOR SUSPENSION AND MODIFICATION OF DIALING PARITY. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
Paul Schuetzler of Consolidated Telephone requested an extension for filing a dialing parity plan to August 31, 1999.
Chairman Burg moved to grant an extension for filing a dialing parity plan to August 31, 1999, and that it include Staff's corrections. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Hoseck presented background information on the filing and noted that the company has requested withdrawal.
Chairman Burg moved to allow the withdrawal of the filing and to close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Senger explained the application and recommended approval subject to rural safeguards, bond requirements and a waiver of ARSD 20:10:32:03(11).
Commissioner Schoenfelder moved to approve the application with the conditions noted above. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Senger explained the application and recommended approval with the waiver of ARSD 20:10:32:03(11) and restrictions on advance payments, deposits and prepaid calling cards.
Commissioner Nelson moved to approve the application with the conditions noted above. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Cremer requested deferral. Action was deferred.
Roberta Lovald, complainant from Pierre, South Dakota, explained that Excel has removed the charges from her bill which were the result of an unauthorized switching of services. Ms. Healy recommended dismissing the complaint and closing the docket.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Roberta Lovald, complainant from Pierre, South Dakota, explained her complaint against Sprint Communications for an unauthorized switching of services. Andrew Jones, Sprint Communications, addressed the complaint and requested additional time to resolve the matter. Ms. Healy recommended finding probable cause.
Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Hoseck reported that the complaint has been resolved and recommended closing the docket.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Cremer reported that the complainant has requested dismissal of the complaint.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
John Hatch, complainant from Pierre, South Dakota, explained his complaint against Qwest Communications for unauthorized billing for services. Mr. Hoseck recommended finding probable cause.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Natalie Parks explained her complaint against Western Telecom dealing with unauthorized billing. Mr. Hoseck recommended finding probable cause.
Commissioner Schoenfelder moved to find probable cause. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Cremer reported that Mr. Harvison has requested deferral. Action was deferred.
Mr. Hoseck recommended finding probable cause.
Commissioner Schoenfelder moved to find probable cause. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
The meeting was recessed at noon and reconvened at 1:00 p.m.
Rusty Molstad, Northwestern Public Service, addressed the complaint and presented some customer credit history. Mr. Hoseck recommended finding no probable cause.
Chairman Burg moved to find no probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Hoseck explained the complaint with further explanation from Neil Fulton of Northern States Power. Mr. Hoseck noted that the Commission has no jurisdiction to award damages in electricity matters and, therefore, recommended finding no probable cause.
Chairman Burg moved to find no probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Farris explained the filing and recommended approval of the boundary changes.
Commissioner Nelson moved to approve the filing. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Dave Blomquist, MidAmerican Energy, explained the tariff revisions.
Chairman Burg moved to approve the filing. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Jacobson explained the filing and recommended approval with a minor language change. There was no opposition to the language change by MidAmerican Energy.
Chairman Burg moved to approve the filing with a minor language change. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Jacobson explained the filing. Greg Porter and Mark Hewitt of MidAmerican Energy presented further explanation.
Chairman Burg moved to approve the filing. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Miscellaneous
Mr. Bettmann presented an update on the Commission's Y2K investigation. Chairman Burg discussed the progress of the Y2K task force on which he serves.
Transportation/Warehouse
Mr. Hoseck noted that funds were disbursed to the recipients on August 4, 1999, and recommended closing the docket.
Commissioner Schoenfelder moved to close the docket. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
The meeting was adjourned.
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Shirleen Fugitt
Administrative Secretary
