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South Dakota Public Utilities Commission Meeting
Thursday, January 4, 2001; 1:30 P.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 Kelly Frazier; Utility Analysts Charlene Lund, Dave Jacobson, Harlan Best; Heather Forney, Leni Healy, Martin Bettmann, and Michele Farris; Assistant Executive Director Sue Cichos; Transportation/Warehouse Director Bob Knadle; and Administrative Secretary Mary Giddings.
Also present were R. H. Miller, SD Electric Utility Companies; Gordy Woods and Wade Reimers, SDIP; Ed Anderson, SDREA; Dave Gerdes, Xcel Energy, MDU, & WorldCom; Greg Dean, SDITC; Jim Wilcox, Xcel Energy; Brad Schardin, Southeastern Electric Coop; and Cheri Wittler, court reporter.
Joining the meeting by telephone were Colleen Sevold and Tom Welk, Qwest Corporation; Gene DeJordy, Western Wireless Corporation; Robert Christenson, Christenson Law Office; Dave Saville, Martin & Associates; Reid Presson, ILD Telecommunications; Mary Lohnes, Midcontinent Communications; Sandy Hofstetter and Mary Tribby, AT&T; Alan Dietrich and Tom Hitchcock, NWPS; and Barb Berkenpas, McLeod USA.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On November 30, December 1, and December 12, 2000. (Staff: Mary Giddings.)
Commissioner Nelson moved to approve the minutes of the November 30, December 1, and December 12, 2000, Commission meetings. 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 Affairs: Leni Healy.)
Ms. Healy presented an update on inquiries and complaints received since the last Commission meeting.
Ms. Cremer noted that the matter had 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.
Dave Gerdes, representing MCI Worldcom, explained that McLeodUSA was the reseller and should be added to the complaint. Barb Berkenpas, representing McLeodUSA, stated that McLeodUSA did not object to being added as a party.
Chairman Burg moved to add McLeodUSA as a party. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Lund recommended that ILD Telecommunications (ILD) be added as a party to the complaint. Reid Presson, representing ILD, objected, stating that ILD was only the billing agent and was not responsible for having its name and phone number prominently displayed on the billing.
Commissioner Schoenfelder moved to add ILD Telecommunications as a party. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Electric
Brad Schardin and Bob Christenson, representing Southeastern Electric Cooperative, Inc., explained that it wanted to continue using the historical method of drawing boundaries. Dave Gerdes, representing Xcel, argued that the SD PUC had already held a hearing and had ruled in Xcel's favor. Ms. Wiest recommended that the petition to reconsider be denied. Chairman Burg abstained from voting because he had not been at the hearing but recommended that further problems or boundary questions be brought before the SD PUC on a case-by-case basis.
Commissioner Nelson moved to deny the petition to reconsider. Commissioner Schoenfelder seconded. Chairman Burg abstained. Motion passed 2-0.
Jim Wilcox, representing Xcel Energy, Inc., explained the tariff change which would only affect customers with numerous, low wattage devices. Ms. Forney recommended that the tariff change be approved subject to a class cost of service study, including the new rates, be submitted with the next rate case.
Chairman Burg moved to approve the tariff change subject to a class cost of service study. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Alan Dietrich and Tom Hitchcock, representing Northwestern Public Service Company, explained the proposed credit adjustment mechanism which would allow members of the Yankton Sioux Tribe to realize the savings of low cost power from Western Area Power Administration. Mr. Jacobson noted that this is similar to the fuel adjustment clause and recommended that it be approved.
Chairman Burg moved to approve the credit adjustment mechanism. Commissioner Nelson seconded. Commissioner Schoenfelder dissented. Motion passed 2-1.
Brad Schardin, representing Southeastern Electric Cooperative, Inc., related that he had worked with Northwestern Corporation on the proposed territory exception. Tom Hitchcock, Northwestern Public Service, stated that the filing should read, "Northwestern Public Service, a division of Northwestern Corporation." Ms. Farris recommended that the territory exception be approved.
Chairman Burg moved to approve the territory exception. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Natural Gas
Commissioner Nelson moved to approve the increase in the transportation rate to $2.398 per dekatherm (dk) but not to make the rate retroactive. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications
Mr. Rislov recommended that action be deferred. Action was deferred.
Ms. Farris, on behalf of Mr. Senger, recommended that the certificate of authority to provide interexchange and local exchange telecommunication services in South Dakota be granted subject to rural safeguards, posting a continuous $25,000 surety bond and with waivers from ARSD 20:10:24:02(10) and ARSD 20:10:32:03(14).
Chairman Burg moved to approve the certificate of authority for Essex Communications, Inc. subject to rural safeguards, posting a continuous $25,000 surety bond and with waivers from ARSD 20:10:24:02(10) and ARSD 20:10:32:03(14). Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Forney recommended that the amended certificate of authority be approved for Americatel Corporation, d/b/a 10 123 Americatel and 1010 123 Americatel allowing the company to offer prepaid calling cards and accept advance payments and customer deposits subject to posting a continuous $25,000 surety bond.
Chairman Burg moved to approve Americatel Corporation, d/b/a 10 123 Americatel and 1010 123 Americatel's amended certificate of authority allowing the company to offer prepaid calling cards and accept advance payments and customer deposits subject to posting a continuous $25,000 surety bond. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Cremer and Ms. Wiest recommended that the wireless interconnection agreement between Qwest Corporation and WWC License, L.L.C. be approved with parts C and D deleted. WWC License, L.L.C. agreed to delete parts C & D from the interconnection agreement.
Commissioner Nelson moved to approve the interconnection agreement between Qwest Corporation and WWC License, L.L.C. with parts C and D deleted. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Forney, on behalf of Mr. Senger, recommended that IDT America, Corp. be granted a certificate of authority subject to a continuous $25,000 surety bond and a waiver of ARSD 20:10:24:02(8).
Commissioner Nelson moved to grant IDT America, Corp. a certificate of authority subject to a continuous $25,000 surety bond and a waiver of ARSD 20:10:24:02(8). Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Frazier, on behalf of Mr. Senger, recommended that Legacy Long Distance International, Inc. be granted a certificate of authority with restrictions from offering prepaid calling cards or require deposits or advance payments.
Chairman Burg moved to grant Legacy Long Distance International, Inc. a certificate of authority with restrictions as noted above. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Frazier recommended that the amendment to the interconnection agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. be approved.
Chairman Burg moved to approve the amendment to the interconnection agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Frazier recommended that the amendment to the interconnection agreement between Qwest Corporation and Sprint Communications Company, L.P. be approved.
Commissioner Nelson moved to approved the amendment to the interconnection agreement between Qwest Corporation and Sprint Communications Company, L.P. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Frazier recommended that the amendment to the interconnection Agreement between Qwest Corporation and New Edge Network, Inc. d/b/a New Edge Networks be approved.
Chairman Burg moved to approve the amendment to the interconnection agreement between Qwest Corporation and New Edge Network, Inc. d/b/a New Edge Networks.
Mr. Frazier recommended that amendment No. 1 to the interconnection agreement between NewPath Holdings, Inc. and Qwest Corporation be approved.
Chairman Burg moved to approve the amendment to the interconnection agreement between NewPath Holdings, Inc. and Qwest Corporation. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Frazier recommended that amendments Nos. 2 and 3 to the interconnection agreement between New Edge Network, Inc. and Qwest Corporation be approved.
Commissioner Nelson moved to approve the amendments to the interconnection agreement between New Edge Network, Inc. and Qwest Corporation. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Frazier recommended that amendment No. 2 to the interconnection agreement between AT&T Communications of the Midwest, Inc. and Qwest Corporation be approved.
Commissioner Nelson moved to approve the amendment to the interconnection agreement between AT&T Communications of the Midwest, Inc. and Qwest Corporation. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Farris recommended that the certificate of authority for Encompass Communications, L.L.C. be granted subject to a continuous $25,000 surety bond, waiver of ARSD 20:10:24:02(8) and with an effective date of January 21, 2001.
Chairman Burg moved to grant Encompass Communications L.L.C. a certificate of authority
subject to a continuous $25,000 surety bond, waiver of ARSD 20:10:24:02(8) and with an effective date of January 21, 2001. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
After comments from representatives of Qwest, AT&T, McLeodUSA, and Midcontinent Communications, Ms. Wiest recommended that action be deferred. Action was deferred.
Mr. Frazier recommended that the opt-in interconnection agreement between Qwest Corporation and New-Cell, Inc. be approved.
Chairman Burg moved to approve the proposed interconnection agreement between Qwest Corporation and New-Cell, Inc.
Meeting adjourned.
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Mary R. Giddings
Administrative Secretary
