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South Dakota Public Utilities Commission Meeting
Wednesday, September 8, 1999; 9:00 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 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 Analyst Dave Jacobson, Engineer Martin Bettmann, Consumer Representative Leni Healy and Administrative Secretary Shirleen Fugitt.

Also present were Rich Coit, SDITC; Neil Fulton, MCI; Tom Harmon, Sprint Communications; and Lori Grode, Pierre Court Reporting.

Joining the meeting by phone were Neil Schmid, FirsTel; Kemal Hawa, Advanced Communications Group; Andrew Jones, Sprint Communications; Alex Duarte and Colleen Sevold, U S WEST; Suzan Stewart, Greg Schaefer and Roger Lorenzen, MidAmerican Energy; Mary Lohnes, Midco Communications; Rusty Molstad, NWPS; and complainants Janice Holler, Sheilesh Patel and Lyle Tunheim.

Administration

1. Approval Of The Minutes Of The Commission Meetings Held On August 17 and 25, 1999. (Staff: Shirleen Fugitt.)

Commissioner Schoenfelder moved to approve the minutes of the August 17 and 25 , 1999, Commission Meetings. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

Natural Gas

1. NG99-002 IN THE MATTER OF THE APPLICATION OF NORTHWESTERN PUBLIC SERVICE FOR AUTHORITY TO INCREASE RATES FOR NATURAL GAS SERVICE. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Ms. Cremer explained the request for suspension of imposition of the tariff for 90 days.

Commissioner Schoenfelder moved to suspend the imposition of the tariff for another 90 days. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

2. NG99-003 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF TARIFF REVISIONS. (Staff Engineer: Martin Bettmann. Staff Attorney: Camron Hoseck.)

Greg Schaefer, MidAmerican Energy, explained the tariff revisions. Roger Lorenzen, MidAmerican Energy, answered questions from the Commission.

Chairman Burg moved to approve the tariff revisions. 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 Representative: Leni Healy.)

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

Telecommunications

1. TC98-203 IN THE MATTER BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF NEGOTIATED/ARBITRATED TERMS OF AGREEMENT FOR INTERCONNECTION, RESALE, AND UNBUNDLED ELEMENTS BETWEEN ADVANCED COMMUNICATIONS GROUP, INC. AND U S WEST COMMUNICATIONS, INC. (Staff Attorney: Camron Hoseck.)

Mr. Hoseck explained the reassignment from Advanced Communications to FirsTel and recommended approval. Kemal Hawa, Advanced Communications Group, addressed the matter.

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

Consumer Issues continued

2. CT99-008 IN THE MATTER OF THE COMPLAINT FILED BY BRADY AND TIFFINY CRAMER, SIOUX FALLS, SOUTH DAKOTA, AGAINST MCI WORLDCOM REGARDING UNAUTHORIZED SWITCHING OF LONG DISTANCE SERVICE. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Mr. Hoseck recommended closing the docket as the matter has been settled and a refund has been made.

Commissioner Nelson moved to dismiss the complaint and close the docket. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

3. CT99-022 IN THE MATTER OF THE COMPLAINT FILED BY HARRY HARVISON, PLATTE, SOUTH DAKOTA, AGAINST MCI WORLDCOM REGARDING UNAUTHORIZED BILLING FOR SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer requested deferral. Action was deferred.

4. CT99-028 IN THE MATTER OF THE COMPLAINT FILED BY HAMPTON INN/SUPER 8 MOTEL, NORTH SIOUX CITY, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING DELAY OF SERVICE AND BILLING PROBLEMS. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Mr. Patel explained his complaint against U S WEST Communications. Colleen Sevold addressed the complaint on behalf of U S WEST.

Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

5. CT99-029 IN THE MATTER OF THE COMPLAINT FILED BY MARIA R. BAUS, VOLIN, SOUTH DAKOTA, AGAINST EXCEL TELECOMMUNICATIONS, INC., REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Mr. Hoseck reported that a settlement proposal has been filed and requested deferral.

Commissioner Nelson moved to find probable cause. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

6. CT99-031 IN THE MATTER OF THE COMPLAINT FILED BY DOUGLAS HOLLER, PIERPONT, SOUTH DAKOTA, AGAINST MCI WORLDCOM REGARDING BILLING ERRORS. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Janice Holler explained her complaint against MCI. Neil Fulton addressed the complaint on behalf of MCI noting that he believes the company has done exactly what has been asked of them by Venture communications.

Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

7. CT99-035 IN THE MATTER OF THE COMPLAINT FILED BY GREG AND KAREN MUELLERLEILE, DBA DAKOTA WOODWORKING, WATERTOWN, SOUTH DAKOTA, AGAINST U S REPUBLIC COMMUNICATIONS REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer explained that a settlement has been reached.

Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

8. CT99-037 IN THE MATTER OF THE COMPLAINT FILED BY LYLE TUNHEIM, ANDOVER, SOUTH DAKOTA, AGAINST MCI WORLDCOM REGARDING INCREASE IN RATES WITHOUT NOTICE. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Mr. Tunheim explained his complaint against MCI. Neil Fulton, MCI, addressed the complaint and noted that the customer will be credited for intrastate charges.

Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

9. CT99-038 IN THE MATTER OF THE COMPLAINT FILED BY LOREN A. ODLAND, ARLINGTON, SOUTH DAKOTA, AGAINST PREFERRED BILLING REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Mr. Hoseck reported that the matter 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.

Telecommunications continued

2. TC99-039 IN THE MATTER OF THE APPLICATION OF CONCERT COMMUNICATIONS SALES LLC FOR A CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Mr. Hoseck explained the application and recommended approval with a waiver of ARSD 20:10:32:03 (11)(a), rural safeguards and restrictions on prepaid calling cards, advance payments and deposits.

Commissioner Nelson moved to approve the application with the waiver and restrictions noted above. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

3. TC99-060 IN THE MATTER OF THE APPLICATION OF CONVERGENT COMMUNICATIONS SERVICES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

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

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

4. TC99-076 IN THE MATTER OF THE APPLICATION OF CALLMANAGE, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Camron Hoseck.)

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

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

5. TC99-077 IN THE MATTER OF THE APPLICATION OF JATO OPERATING TWO CORP. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

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

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

Addendum

Telecommunications

1. TC99-053 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF TARIFF PAGES FOR ITS ACCESS SERVICE TARIFF IMPLEMENTING ITS INTRALATA TOLL DIALING PARITY PLAN. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

Tom Harmon, representing Sprint, presented an order from the court authorizing Andrew Jones to appear. Mr. Jones explained a late filed Petition to Intervene filed by Sprint noting that Sprint does not intend to expand the scope of the proceeding. Alex Duarte, U S WEST, objected to the request but said that U S WEST will provide information requested by Sprint.

Commissioner Nelson moved to deny the request for intervention o accept the compromise offered by U S WEST. Chairman Burg seconded and Commissioner Schoenfelder dissented noting that she feels Sprint does have a pecuniary interest. Motion passed 2-1.

The meeting was adjourned.

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Shirleen Fugitt
Administrative Secretary