Commission Minutes | previous page
South Dakota Public Utilities Commission Meeting
Tuesday, December 14, 1999; 9:30 A.M.
State Capitol Building, Room 464
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, Commission Advisor Greg Rislov, Commission Counsel Rolayne Ailts Wiest, Deputy Executive Director Sue Cichos, Staff Attorneys Karen Cremer and Camron Hoseck, Utility Analysts Harlan Best, Dave Jacobson and Leni Healy, and Administrative Secretary Shirleen Fugitt.
Also present were Brenda Kleinjan, SDREA; Neil Fulton, McLeod USA; and Chet Brokaw, Associated Press.
Joining the meeting by phone were Neil Schmid, FirsTel; Rusty Molstad and Tom Hitchcock, NWPS; Alex Duarte, Colleen Sevold and Ed Peters, U S WEST; Barb Berkenpas, DTG/McLeod USA; Paula Heeren and Jerry Campbel, AT&T; Rogena Harris, OLS; Sam Kerr and Bart Banks, attorneys from Rapid City; and complainants Rueben Hoffman, Joyce Beckler, Janice Catron, Eileen Daly, Don Jiracek and Robert and Treva Jean Ries.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On November 29, 1999. (Staff: Shirleen Fugitt.)
Commissioner Nelson moved to approve the minutes of the meeting held on November 29, 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. (Staff Analyst: Leni Healy.)
Ms. Healy presented an update on inquiries and complaints received since the last Commission meeting.
Mr. Hoseck reported that the matter has been settled and 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 noted that the matter has been settled and recommended dismissing the complaint and closing the docket.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Hoseck reported that the matter has been settled and 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.
Ms. Cremer noted that Donald Cook wishes to amend his complaint to add NOR Communications.
Commissioner Nelson moved to amend the complaint to include NOR Communications. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Hoseck reported that the matter has been settled and recommended dismissing the complaint and closing the docket.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Hoseck reported that the matter has been settled and 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 noted that the matter has been settled and 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 reported that the matter has been settled and recommended dismissing the complaint and closing the docket.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Rueben Hoffmann explained his complaint against OLS. Rogena Harris representing OLS noted that the company will not present evidence at this time. Ms. Cremer recommended finding probable cause.
Commissioner Schoenfelder moved to find probable cause. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Cremer recommended dismissing the complaint and closing the docket as the complainant wishes to settle this matter informally.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded. Commissioner Schoenfelder dissented. Motion passed 2-1.
Ms. Cremer requested deferral. Action was deferred.
Joyce Beckler explained her complaint against OLS. Ms. Cremer recommended finding probable cause.
Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Janice Catron explained her complaint against Qwest Communications. Ms. Cremer recommended finding probable cause.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Eileen Daly explained the complaint against OLS. Ms. Cremer recommended finding probable cause.
Commissioner Nelson moved to find probable cause. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Robert Ries explained his complaint against OLS. Ms. Cremer recommended finding probable cause.
Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Natural Gas
Tom Hitchcock explained the contract. Mr. Jacobson recommended approval.
Commissioner Schoenfelder moved to approve the filing. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Electric
Mr. Hoseck requested deferral. Action was deferred.
Miscellaneous
1. IN THE MATTER OF THE FAILURE OF CERTAIN TELECOMMUNICATIONS COMPANIES TO TIMELY FILE THE GROSS RECEIPTS TAX. (Deputy Executive Director: Sue Cichos.)
Ms. Cichos recommended the Commission issue an Order to show Cause as to why the Commission should not fine, suspend or revoke the Certificates Of Authority of each of these companies for failure to pay the requisite gross receipts tax.
A C S Tel Com, Inc.
Accutel Communications, Inc.
Affinity Marketing Strategies, LLC d/b/a Funding Our Future
AmeriTel Pay Phones, Inc. (Cell Block Phones)
AMNEX - American Network Exchange, Inc.
Atlas Equity Inc d/b/a Performance Telecom
Business Options, Inc.
Call Plus, Inc.
Colorado River Communications Corp d/b/a CRC Long Distance
Eagle Telecom, Inc.
Elias Ventures, Inc. d/b/a American Freeway100
First Call USA, Inc.
Intelicom International Corp.
International Telcom, Ltd
Journey Telecom International, Inc.
London Telecom a/k/a Strategic Alliances
Matrix Telecom
New Concept Communications LLC
NOVA Telecom, Inc. d/b/a B.E.L. EZ Pay
NTI Telecom, Inc.
Pride America, Inc.
PRIMECALL, Inc.
Sterling International Funding, Inc. d/b/a Reconex
TelSave Corporation d/b/a Independent Network Services
Teltrust Communications Services, Inc.
U S Network Services, Inc.
USA Tele Corp.
Ustel, Inc.
Western Tele-Communications, Inc./Retail Sales Group
Chairman Burg moved to issue Orders to Show Cause for failure to pay gross receipts tax for each of the companies listed above. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Addendum
Telecommunications
Alex Duarte, U S WEST Communications, explained the proposed amendment to the Interconnection Agreement. Mr. Hoseck recommended approval.
Commissioner Nelson moved to approve the amendment to the Interconnection Agreement. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Hoseck recommended that fines be imposed.
Chairman Burg moved to close the dockets with no fines imposed. Motion died for lack of a second.
Mr. Hoseck recommended granting a continuance in TC98-212.
Commissioner Nelson moved to leave open the dockets without imposing fines. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Nelson moved to deny reconsideration of this matter. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Alex Duarte, U S WEST, explained the filing and requested approval of the settlement agreement. Ms. Cremer recommended approval.
Chairman Burg moved to approve the Settlement Agreement. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
The tariff filing in this matter will be considered at a later meeting.
Natural Gas
1. IN THE MATTER OF THE COMMISSION HIRING A WITNESS FOR ITS INVOLVEMENT IN CERTAIN ISSUES BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION REGARDING WILLISTON BASIN INTERSTATE PIPELINE. (Staff Analyst: Dave Jacobson. Staff Attorney: Camron Hoseck.)
Mr. Jacobson explained the request to hire a witness.
Chairman Burg moved to enter into a contract with Al Clark, in an amount not to exceed $30,000. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
The meeting was adjourned.
____________________________________
Shirleen Fugitt
Administrative Secretary
