May 17, 2008

Public Utilities Commission
Capitol Building, 1st floor
500 E. Capitol Ave.
Pierre, SD 57501-5070
Phone: (605) 773-3201

Commission Minutes | previous page

South Dakota Public Utilities Commission Meeting
Wednesday, May 17, 2000; 1:30 P.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 Charlene Lund, Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Leni Healy, and Michele Farris; and Administrative Secretary Mary Giddings.

Also present were Suzan Stewart and Marvin Sorensen, MidAmerican Energy Company; John Lovald, Global Crossing; Tom Harmon, Sprint Communications Company, L.P.; Rich Coit, SDITC; Jim Keck and Kyle White, Black Hills Power & Light; and Darla Pollman Rogers, Sully Buttes Telephone and Citizens Utilities Company.

Joining the meeting by phone were Andrew Jones and Shelley Staehr, Sprint; Mary Lohnes and Tom Simmons, Midco Communications; Lise Strom and Penny Bewick, New Edge Network; Raeann Kelsch, Western Wireless; Phil Roselli, Colleen Sevold, Tom Welk, and Alex Duarte, U S WEST; Brian Somerville, Utility Analyst, Inc. dba Basic Long Distance; Michele Singer Nelson and Sandy Hofstetter, AT&T; and complainant Vesta Jensen.

Administration

1. Approval Of The Minutes Of The Commission Meetings Held On April 27 and May 10, 2000. (Staff: Mary Giddings.)

Commissioner Schoenfelder moved to approve the minutes of the meetings held on April 27, 2000, and May 10, 2000. Commissioner Nelson 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. Chairman Burg commented on the growing number of "fluffing" (raising rates without notice) complaints.

2. CT99-060 IN THE MATTER OF THE COMPLAINT FILED BY RUEBEN W. HOFFMANN, ABERDEEN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer 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 Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

3. CT99-063 IN THE MATTER OF THE COMPLAINT FILED BY ALLEN AND JOYCE BECKLER, ABERDEEN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING OF SERVICES THROUGH DECEPTIVE TELEMARKETING PRACTICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer 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 Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.

4. CT00-001 IN THE MATTER OF THE COMPLAINT FILED BY JEANETTE MOES, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer 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.

5. CT00-004 IN THE MATTER OF THE COMPLAINT FILED BY JEANNE STICH, MCCOOK LAKE, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING PROMISED RATES WHICH WERE NOT ASSESSED. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and 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.

6. CT00-011 IN THE MATTER OF THE COMPLAINT FILED BY HERMAN H. SCHAMBER, YANKTON, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer 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.

7. CT00-013 IN THE MATTER OF THE COMPLAINT FILED BY MARY ANN BECKER, MADISON, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and 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.

8. CT00-014 IN THE MATTER OF THE COMPLAINT FILED BY JULIE ROESLER ON BEHALF OF SLEEP INN, SIOUX FALLS, SOUTH DAKOTA, AGAINST SPRINT COMMUNICATIONS COMPANY L.P. REGARDING UNAUTHORIZED DISCONNECTION AND UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

Tom Harmon and Andrew Jones, representing Sprint, explained the motion to add McLeod and U S WEST to the complaint. Ms. Sevold, representing U S WEST, agreed to the addition of U S WEST to the complaint. Ms. Cremer noted that she had spoken to the complainant who requested that all parties be kept on the complaint. Ms. Cremer recommended finding probable cause against McLeod and U S West. Tom Welk, U S WEST representative, requested that the hearing date be rescheduled because of a conflict.

Commissioner Schoenfelder moved to add McLeod and U S WEST to the complaint, to find probable cause against McLeod and U S WEST, and to reschedule the hearing to June 29, 2000. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

9. CT00-034 IN THE MATTER OF THE COMPLAINT FILED BY KATHLEEN C. GLYNN, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer 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.

10. CT00-040 IN THE MATTER OF THE COMPLAINT FILED BY WILLIAM AND RUBY THOMPSON, ABERDEEN, SOUTH DAKOTA, AGAINST USBI, UTILITY ANALYSTS, INC. D/B/A BASIC LONG DISTANCE AND QAI, INC. D/B/A LONG DISTANCE BILLING REGARDING UNAUTHORIZED SWITCHING OF SERVICES AND UNAUTHORIZED BILLING FOR SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Camron Hoseck.)

Mr. Hoseck noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

11. CT00-050 IN THE MATTER OF THE COMPLAINT FILED BY GARY R. AND VICTORIA A. WITCHER, WATERTOWN, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. AND AT&T COMMUNICATIONS OF THE MIDWEST, INC. REGARDING FAILURE TO SWITCH SERVICES AND UNAUTHORIZED CHARGES. (Staff Analyst: Charlene Lund. Staff Attorney: Camron Hoseck.)

Ms. Singer Nelson, representing AT&T, and Ms. Sevold, representing U S WEST, explained their positions on the Motions to Dismiss. Ms. Singer Nelson responded to Ms. Sevold's comments and Tom Welk, representing U S WEST, clarified its position. Mr. Hoseck recommended that a hearing be held and that the Motion to Dismiss of both U S WEST and AT&T be denied.

Commissioner Schoenfelder moved to deny U S WEST's & AT&T's Motion to Dismiss. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

12. CT00-056 IN THE MATTER OF THE COMPLAINT FILED BY JEANETTE BRAUNSTEIN, ABERDEEN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE PRACTICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

13. CT00-065 IN THE MATTER OF THE COMPLAINT FILED BY VESTA JENSEN, BROOKINGS, SOUTH DAKOTA, AGAINST GLOBAL CROSSING TELECOMMUNICATIONS, INC., FORMERLY ALLNET COMMUNICATION SERVICES, INC. D/B/A FRONTIER COMMUNICATIONS SERVICES AND TELTRUST COMMUNICATIONS SERVICES, INC. D/B/A TELTRUST AND D/B/A TCS REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Camron Hoseck.)

John Lovald, representing Global Crossing Telecommunications, Inc., explained its Motion for Removal from Complaint. Mr. Hoseck stated that he did not recommend dropping Global Crossing Telecommunications, Inc. from the complaint and Ms. Jensen stated that she did not want anyone dismissed from the complaint until it is settled. After comments by Ms. Wiest, action was deferred.

Telecommunications

1. TC98-069 IN THE MATTER OF THE APPLICATION OF PNV.NET, INC., FORMERLY KNOWN AS PARK 'N VIEW, INC. FOR AN AMENDED CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

Ms. Forney recommended that PNV.net's Certificate of Authority to provide telecommunications services in South Dakota be amended.

Chairman Burg moved to approve the amendment to PNV.net, Inc.'s Certificate of Authority application. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

2. 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 two amendments to the interconnection agreement between FirsTel and U S WEST and Advanced Communications Group, Inc. and U S WEST. Mr. Hoseck recommended approval of the two amendments.

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

3. TC99-112 IN THE MATTER OF THE JOINT APPLICATION OF U S WEST COMMUNICATIONS, INC. AND SULLY ES TELEPHONE COOPERATIVE, INC. AND VENTURE COMMUNICATIONS, INC. REGARDING THE SALE BY U S WEST OF ITS SISSETON TELEPHONE EXCHANGE TO Sully Buttes Telephone COOPERATIVE, INC. AND VENTURE COMMUNICATIONS, INC. (Staff Analyst: Keith Senger. Staff Analyst: Karen Cremer.)

Ms. Pollman Rogers, representing Sully Buttes Telephone Cooperative, Inc., explained the application and responded to questions from Ms. Wiest and Staff. Ms. Wiest, Mr. Best and Mr. Senger commented on the request for waiver of the switched access rules. After the vote to approve the joint application, Commissioner Schoenfelder and Commissioner Nelson expressed their concern that Staff had not received requested information.

Commissioner Nelson moved that the proposed sale of U S WEST's Sisseton exchange to Sully Buttes Telephone Cooperative, Inc. be approved as in the public interest subject to the following conditions:

1. That current service rates not be increased for 18 months from the date the company begins to operate the purchased exchange;

2. That the company shall not recover any of the acquisition adjustment through its regulated interstate or intrastate rates, through its local rates, or through federal or state universal service funds;

3. That the company shall honor all existing contracts, commitments, leases, licenses and other agreements which relate to, arise from, or are used for the operation of the purchased exchange;

4. That the company offer, at a minimum, all existing services currently offered by the purchased exchange, with the exception of local measured service. For local measured service, the company shall charge local measured rates for current customers for 18 months from the date the company begins to operate the purchased exchange; and

5. That the company not discontinue any existing extended area service without first obtaining approval from the Commission.

Commissioner Nelson further moved that U S WEST be allowed to retain the gain from the sale for the benefit of its stockholders. She further moved that the Commission find it does not object to the granting of any required study area waivers by the FCC. She further moved that U S WEST's petition to relinquish ETC status be denied as premature. She further moved that the Commission approve the waiver of the switched access rules as requested by the parties. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

4. TC99-117 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF REVISIONS TO ITS EXCHANGE AND NETWORK SERVICES TARIFF. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

Ms. Sevold, representing U S WEST, explained the revisions to its exchange and network services tariff. Ms. Forney clarified the wording change from "may" to "shall" and recommended the tariff revisions be approved.

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

5. TC00-011 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. OF A NOTICE OF INTENT TO FILE A 271 APPLICATION. (General Counsel: Rolayne Ailts Wiest.)

Mr. Duarte, representing U S WEST, explained the Section 271 application and requested that the docket be kept open. Comments were made by Mr. Best, Commissioner Schoenfelder, Ms. Singer Nelson, representing AT&T, and Lise Strom, representing New Edge.

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

6. TC00-015 IN THE MATTER OF THE APPLICATION OF SHARED COMMUNICATIONS SERVICES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

Ms. Forney recommended that the application for a Certificate of Authority from Shared Communications Services, Inc. be granted.

Commissioner Nelson moved to approve the application for a Certificate of Authority from Shared Communications Services, Inc. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

7. TC00-020 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND ACCENT COMMUNICATIONS, INC. (Staff Attorney: Camron Hoseck.)

Mr. Coit, representing SDITC, explained the predating and effective date. Mr. Hoseck and Ms. Wiest recommended that the date of the order approving the agreement be its effective date consistent with Commission and Staff counsel's recommendation.

Commissioner Nelson moved to approve the reciprocal transport and termination agreement with the date of the order approving the agreement as the effective date. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

8. TC00-021 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND ARMOUR INDEPENDENT TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

9. TC00-022 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND BALTIC TELECOM COOPERATIVE. (Staff Attorney: Camron Hoseck.)

10. TC00-023 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND BERESFORD MUNICIPAL TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

11. TC00-024 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND BRIDGEWATER-CANISTOTA INDEPENDENT TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

12. TC00-025 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND CITY OF FAITH TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

13. TC00-026 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND EAST PLAINS TELECOM, INC. (Staff Attorney: Camron Hoseck.)

14. TC00-027 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND FORT RANDALL TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

15. TC00-028 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND GOLDEN WEST TELECOMMUNICATIONS COOPERATIVE, INC. (Staff Attorney: Camron Hoseck.)

16. TC00-029 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND HANSON COMMUNICATIONS, INC. (Staff Attorney: Camron Hoseck.)

17. TC00-030 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND HANSON COUNTY TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

18. TC00-031 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND HEARTLAND COMMUNICATIONS, INC. (Staff Attorney: Camron Hoseck.)

19. TC00-032 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND INTERSTATE TELECOMMUNICATIONS COOPERATIVE, INC. (Staff Attorney: Camron Hoseck.)

20. TC00-033 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND JAMES VALLEY COOPERATIVE TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

21. TC00-034 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND JEFFERSON TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

22. TC00-035 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND KADOKA TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

23. TC00-036 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND KENNEBEC TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

24. TC00-037 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND MCCOOK COOPERATIVE TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

25. TC00-038 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND MIDSTATE TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

26. TC00-039 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND MOUNT RUSHMORE TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

27. TC00-040 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND RC COMMUNICATIONS, INC. (Staff Attorney: Camron Hoseck.)

28. TC00-041 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND ROBERTS COUNTY TELEPHONE COOPERATIVE ASSOCIATION. (Staff Attorney: Camron Hoseck.)

29. TC00-042 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND SANBORN TELEPHONE COOPERATIVE. (Staff Attorney: Camron Hoseck.)

30. TC00-043 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND SANCOM, INC. (Staff Attorney: Camron Hoseck.)

31. TC00-044 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND SIOUX VALLEY TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

32. TC00-045 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND SPLITROCK PROPERTIES, INC. (Staff Attorney: Camron Hoseck.)

33. TC00-046 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND SPLITROCK TELECOM COOPERATIVE, INC. (Staff Attorney: Camron Hoseck.)

34. TC00-047 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND STATELINE TELECOMMUNICATIONS, INC. (Staff Attorney: Camron Hoseck.)

35. TC00-048 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND STOCKHOLM-STRANDBURG TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

36. TC00-049 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND SULLY ES TELEPHONE COOPERATIVE, INC. (Staff Attorney: Camron Hoseck.)

37. TC00-050 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND UNION TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

38. TC00-051 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND VALLEY CABLE & SATELLITE COMMUNICATIONS, INC. (Staff Attorney: Camron Hoseck.)

39. TC00-052 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND VALLEY TELECOMMUNICATIONS COOPERATIVE ASSOCIATION. (Staff Attorney: Camron Hoseck.)

40. TC00-053 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND VENTURE COMMUNICATIONS, INC. (Staff Attorney: Camron Hoseck.)

41. TC00-054 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND VIVIAN TELEPHONE COMPANY D/B/A GOLDEN WEST COMMUNICATIONS, INC. (Staff Attorney: Camron Hoseck.)

42. TC00-055 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND WEST RIVER COOPERATIVE TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

43. TC00-056 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND WESTERN TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

44. TC00-059 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF REVISIONS TO ITS EXCHANGE AND NETWORK SERVICES TARIFF. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

Mr. Best and Mr. Hoseck explained Staff's motion on the revisions and U S WEST representatives Mr. Welk and Ms. Sevold responded. The Commission deferred action on this motion. Ms. Wiest recommended that the Commission open a separate docket to address issues brought forward by Staff.

Commissioner Nelson moved to open a separate docket to consider the issues brought up by Staff's motion. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

45. TC00-062 IN THE MATTER OF THE APPLICATION OF CONCENTRIC CARRIER SERVICES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES, INCLUDING LOCAL EXCHANGE SERVICES, IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Camron Hoseck.)

Mr. Senger recommended that the application withdrawal be granted and the docket closed.

Chairman Burg moved to grant the application withdrawal and close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed
3-0.

46. TC00-063 IN THE MATTER OF THE APPLICATION OF CRG INTERNATIONAL, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

Mr. Senger recommended that the Certificate of Authority be granted, subject to restrictions, with an effective date of June 5, 2000.

Chairman Burg moved to grant a Certificate of Authority to CRG International, Inc. with an effective date of June 5, 2000, and subject to restrictions from offering prepaid calling cards, accepting customer deposits and accepting advanced payments. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

47. TC00-065 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND BROOKINGS MUNICIPAL TELEPHONE COMPANY. (Staff Attorney: Camron Hoseck.)

48. TC00-066 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND CHEYENNE RIVER SIOUX TRIBE TELEPHONE AUTHORITY. (Staff Attorney: Camron Hoseck.)

49. TC00-067 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN G.C.C. LICENSE L.L.C. AND TRI COUNTY TELCOM, INC. (Staff Attorney: Camron Hoseck.)

50. TC00-068 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. REGARDING THE SALE OF EXCHANGES IN NEBRASKA AND MINNESOTA. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

Mr. Hoseck explained the Staff motion for a hearing on the sale of the Valentine, NE exchange. Mr. Roselli, representing U S WEST, and Ms. Pollman Rogers, representing Citizens Utilities Company, opposed Staff's motion. The Commissioners voiced their concerns on service quality issues. Mr. Roselli requested action on a Commission nonobjection letter to the FCC at the next Commission meeting, May 30, 2000.

Chairman Burg moved to deny Staff's motion for a hearing. Commissioner Schoenfelder seconded. Commissioner Nelson dissented. Motion passed 2-1.

Natural Gas

1. NG00-003 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF TARIFF REVISIONS. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Mr. Sorensen, representing MidAmerican Energy, explained the proposed tariff revisions and responded to Staff questions.

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

2. NG00-004 IN THE MATTER OF THE APPLICATION OF ASSOCIATED MILK PRODUCERS, INC. PIPELINE, INC. TO CONTINUE INTRASTATE NATURAL GAS TRANSPORTATION RATE AND ELIMINATE REFUND CONDITION. (Staff Analyst: Dave Jacobson/Keith Senger. Staff Attorney: Karen Cremer.)

Mr. Jacobson recommended assessing a filing fee not to exceed $100,000.

Commissioner Nelson moved to assess a filing fee not to exceed $100,000. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

3. NG00-005 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF TARIFF REVISIONS. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

Marvin Sorensen and Suzan Stewart, representing MidAmerican Energy Company, explained the proposed tariff revisions. Mr. Senger recommended approval of the proposed revisions with a June 1, 2000, effective date.

Chairman Burg moved to approve the proposed tariff revisions with a June 1, 2000, effective date. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

Electric

1. EL00-012 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF TARIFF REVISIONS. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

Marvin Sorensen, representing MidAmerican Energy Company, explained the proposed revisions.

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

2. EL00-007 IN THE MATTER OF THE FILING BY BLACK HILLS CORPORATION D/B/A BLACK HILLS POWER AND LIGHT COMPANY FOR APPROVAL OF A CONTRACT WITH DEVIATIONS WITH THE UNITED STATES AIR FORCE. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

Jim Keck and Kyle White, representing Black Hills Power and Light, explained the contract with deviations. Ms. Forney recommended that the contract with deviations be approved. Commissioners and Staff voiced concern with late filings.

Chairman Burg moved to approve the proposed Contract with Deviations. Commissioner Schoenfelder seconded. Commissioner Nelson dissented on the effective date. Motion passed 2-1.

3. EL00-008 IN THE MATTER OF THE FILING BY BLACK HILLS CORPORATION D/B/A BLACK HILLS POWER AND LIGHT COMPANY FOR APPROVAL OF A CONTRACT WITH DEVIATIONS WITH HOMESTAKE MINING COMPANY OF CALIFORNIA. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Jim Keck and Kyle White, representing Black Hills Power and Light, explained the contract with deviations. Ms. Farris recommended that the contract with deviations be approved and a class cost of service study be filed. Commissioners and Staff voiced concern with late
filings.

Chairman Burg moved to approve the proposed Contract with Deviations subject to the following conditions: That Black Hills Power and Light (BHP&L) shall file a class cost of service study showing a comparison of the Industrial Contract Service class before and after the implementation of this tariff change in any future general rate proceeding filed by BHP&L before the Commission and shall allow this Commission to choose the study to be used for cost of service. Commissioner Schoenfelder seconded. Commissioner Nelson dissented on the effective date of January 1, 2000. Motion passed 2-1.

Miscellaneous

1. IN THE MATTER OF THE CONTRACT WITH CRAFT AND ASSOCIATES (Executive Director: Bill Bullard)

Mr. Bullard explained the contract and recommended approval.

Commissioner Nelson moved to authorize the Executive Director to execute a contract with Craft and Associates. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

The meeting was adjourned.

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Mary R. Giddings
Administrative Secretary