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South Dakota Public Utilities Commission Meeting
Thursday, January 6, 2000; 10:30 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, Commission Advisor Greg Rislov, Commission Counsel Rolayne Ailts Wiest, Staff Attorneys Karen Cremer and Camron Hoseck, Utility Analysts Harlan Best, Dave Jacobson, Michele Farris, Keith Senger, Heather Forney and Leni Healy, and Administrative Secretary Shirleen Fugitt

Also joining the meeting were Greg Dean and Rich Coit, SDITC; Neil Fulton, NSP/WilTel/MCI Worldcom; and Tim Sachtjen and Jerry Ogan, complainants.

Joining the meeting by phone were David Blomquist, MidAmerican Energy; Rusty Molstad, NWPS; Don Lee, Martin and Associates; Mike Bradley, Jefferson Telephone; Bruce Hanson and John Coleman, Ft. Randall/Mt. Rushmore Telephone; Mary Lohnes, Midco Communications; Barb Berkenpas and Pat Mastel, DTG; Jim Wilcox and Kay Mourer, NSP; Alex Duarte, Colleen Sevold and Tom Welk, U S WEST; Rogena Harris, OLS; Sandy Hofstetter, AT&T; Dave Prasek and Todd Guerrero, OtterTail Power; Steve Willis, CE99- 004; and Carol Bullene, CT99-086.

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On December 28, 1999. (Staff: Shirleen Fugitt.)

Commissioner Schoenfelder moved to approve the minutes of December 28, 1999. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

Consumer Affairs

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

Complaint Dockets

1. CE99-004 IN THE MATTER OF THE COMPLAINT FILED BY 72 THOMAS, LLC, SIOUX FALLS, SOUTH DAKOTA, AGAINST NORTHERN STATES POWER COMPANY REGARDING UNAUTHORIZED TRANSFER OF ACCOUNT FOR ELECTRICAL SERVICE. (Staff Analysts: Leni Healy/Keith Senger. Staff Attorney: Camron Hoseck.)

Steve Willis explained the complaint against NSP for an unauthorized transfer of account. Jim Wilcox, NSP, addressed the complaint.

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

2. CT99-018 IN THE MATTER OF THE COMPLAINT FILED BY JOHN AND SHIRLEY HATCH, PIERRE, SOUTH DAKOTA, AGAINST QWEST COMMUNICATIONS, INC., WCS TELECOM AND WESTERN COMMUNICATIONS, INC., REGARDING UNAUTHORIZED BILLING FOR SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Camron Hoseck.)

Mr. Hoseck recommended the complaint be dismissed with prejudice and the docket be closed.

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

3. CT99-054 IN THE MATTER OF THE COMPLAINT FILED BY TOM AND CORLISS VERGELDT, ABERDEEN, SOUTH DAKOTA, AGAINST MCI WORLDCOM REGARDING SWITCHING RATES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer requested deferral. Action was deferred.

4. CT99-065 IN THE MATTER OF THE COMPLAINT FILED BY FRANK AND DOROTHY VAVRA, GREGORY, SOUTH DAKOTA, AGAINST QWEST COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended finding probable cause.

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

5. CT99-085 IN THE MATTER OF THE COMPLAINT FILED BY LELA O. WIESE, MADISON, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer requested deferral. Action was deferred.

6. CT99-086 IN THE MATTER OF THE COMPLAINT FILED BY CAROL BULLENE, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Carol Bullene explained the complaint against OLS. Rogena Harris, representing OLS, noted that the company will continue to try to resolve the complaint. Ms. Cremer recommended finding probable cause.

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

7. CT99-087 IN THE MATTER OF THE COMPLAINT FILED BY JERRY OGAN ON BEHALF OF OGAN CONSTRUCTION, BLUNT, SOUTH DAKOTA, AGAINST SPRINT COMMUNICATIONS COMPANY L.P. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

Jerry Ogan explained his complaint against Sprint Communications. Andrew Jones, representing Sprint, addressed the complaint. Ms. Forney reported that Mr. Ogan has amended his complaint to include Crusade

Commissioner Schoenfelder moved to find probable cause against Sprint Communications and address the amendment at a later meeting. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

8. CT99-088 IN THE MATTER OF THE COMPLAINT FILED BY TIM SACHTJEN, PIERRE, SOUTH DAKOTA, AGAINST QWEST COMMUNICATIONS, INC. REGARDING BILLING ISSUES. (Staff Analyst: Leni Healy. Staff Attorney: Camron Hoseck.)

Tim Sachtjen explained his complaint against Qwest Communications. Mr. Hoseck recommended finding probable cause.

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

9. CT99-089 IN THE MATTER OF THE COMPLAINT FILED BY KENNETH ERICKSON, WATERTOWN, SOUTH DAKOTA, AGAINST WILTEL, INC. AND OLS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended finding probable cause. Neil Fulton addressed the complaint and requested the Commission find no probable cause against WilTel. Ms. Cremer recommended finding probable cause against WilTel and OLS.

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

10. CT99-090 IN THE MATTER OF THE COMPLAINT FILED BY JAMES MELGAARD, PIERRE, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. AND SPRINT COMMUNICATIONS COMPANY L.P. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Mr. Hoseck 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.

Electric

1. EL99-012 IN THE MATTER OF THE FILING BY OTTER TAIL POWER COMPANY FOR APPROVAL OF ELECTRIC SERVICE AGREEMENT FOR THE SUPPLY OF BULK INTERRUPTIBLE POWER BETWEEN OTTER TAIL POWER COMPANY AND VALLEY QUEEN CHEESE FACTORY, INC. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Todd Guerrero, OtterTail Power, explained the filing. Mr. Hoseck noted concerns with approving the contract, with an effective date of June 1, 1999, because of retroactive ratemaking. Mr. Guerrero denies any implication of retroactive ratemaking. Discussion followed.

Chairman Burg moved to approve the contract with a June 1, 1999, effective date. Commissioner Schoenfelder seconded. Commissioner Nelson dissented on the effective date. Motion passed 2-1.

2. EL99-020 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF TARIFF REVISIONS. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

Dave Blomquist, MidAmerican Energy, explained the filing. Mr. Senger presented further explanation and recommended approval.

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

Telecommunications

1. TC98-187 IN THE MATTER OF THE PETITION FOR AN ORDER DIRECTING U S WEST COMMUNICATIONS, INC., TO FILE UPDATES TO ITS EXCHANGE AND NETWORK SERVICES CATALOG, ACCESS SERVICE CATALOG, ADVANCED COMMUNICATIONS SERVICES CATALOG, AND PRIVATE LINE TRANSPORT SERVICES CATALOG. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

Commission Staff asked for a decision in this docket relative to the filing of tariffs. Following discussion on how to proceed in this matter, Ms. Wiest recommended a decision be made at the next Commission meeting. Action was deferred.

2. TC99-054 IN THE MATTER OF THE FILING BY FORT RANDALL TELEPHONE COMPANY AND MOUNT RUSHMORE TELEPHONE COMPANY TO ESTABLISH SWITCHED ACCESS RATES. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Bruce Hanson, Ft. Randall Telephone, explained the filing.

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

4. TC99-069 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR BROOKINGS MUNICIPAL TELEPHONE COMPANY. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Mr. Rislov recommended approval as amended.

Commissioner Schoenfelder moved to approve as amended. Commissioner Nelson and Chairman Burg concurred. Motion passed 3-0.

5. TC99-070 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR MCCOOK COOPERATIVE TELEPHONE COMPANY. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Mr. Rislov recommended approval as amended.

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

6. TC99-071 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR SANBORN TELEPHONE COOPERATIVE AND SANCOM, INC. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Mr. Rislov recommended approval as amended.

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

7. TC99-074 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR CHEYENNE RIVER SIOUX TRIBE TELEPHONE AUTHORITY. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Mr. Rislov recommended approval as amended.

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

3. TC99-067 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR THE LOCAL EXCHANGE CARRIERS ASSOCIATION. (Staff Analysts: Harlan Best/Keith Senger. Staff Attorney: Karen Cremer.)

Mr. Best commented on the filing. Don Lee, Martin & Associates, proposed a January 15, 2000, effective date.

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

8. TC99-088 IN THE MATTER OF THE APPLICATION OF AS TELECOMMUNICATIONS, INC. D/B/A ALLSTAR TELECOM FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

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

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

9. TC99-104 IN THE MATTER OF THE APPLICATION OF CONNECT!LD, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

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

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

10. TC99-114 IN THE MATTER OF THE PETITION OF DAKOTA TELECOM, INC. TO AMEND ITS CERTIFICATE OF AUTHORITY TO ALLOW DAKOTA TELECOM, INC. TO PROVIDE SERVICE TO THE JEFFERSON, SOUTH DAKOTA EXCHANGE. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

Pat Mastel, DTG, addressed the filing and noted no objection to intervention by Jefferson Telephone Company.

Chairman Burg moved to grant intervention to Jefferson Telephone Company. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

The meeting was adjourned.

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Shirleen Fugitt
Administrative Secretary