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South Dakota Public Utilities Commission Meeting
Wednesday, October 10, 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; Commission Advisor Greg Rislov; Commission Counsel Rolayne Ailts Wiest; Staff Attorneys Karen Cremer and Kelly Frazier; Staff Analysts Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Leni Healy, Mary Healy, and Michele Farris; Executive Director Deb Elofson; Deputy Executive Director Sue Cichos; and Administrative Secretary Mary Giddings.
Also present were Kyle White, Black Hills Corporation; Jim Wilcox, Xcel Energy; Rich Coit, South Dakota Telecommunications Association; and Bob Miller, South Dakota Electric Utility Companies.
Joining the meeting by telephone were Cindy Grosvenor, TELEC Consulting; Al Lundy, Yankton Press & Dakotan; Tom Welk and Colleen Sevold, Qwest Corporation; Mark Ayotte, GCC License Corp.; Suzan Stewart, Marv Sorenson, and Greg Schaefer, MidAmerican Energy Company; John Gors and Paul Roberts, Clay Union Electric; Steve Helmer and Greg Bernard, Black Hills Corporation; and Wayne Akland, Beresford Municipal Telephone Company.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On September 7, 18 and 28, 2001. (Staff: Mary Giddings.)
Chairman Burg moved to approve the minutes of the Commission meetings held on September 7, 18 and 28, 2001. Commissioner Nelson seconded. Motion passed 2-0.
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Mary Healy.)
Ms. Mary Healy presented an update on inquiries and complaints received since the last Commission meeting. It was noted that the Office of Energy Assistance is taking applications for the upcoming heating season.
Ms. Leni Healy noted that she had recently contacted Sheryl Klein, JoAnn Klein, Lawrence Klein, and Margaret Figert. All the complainants stated that service was much improved and they wished to have the dockets closed and the complaints dismissed. Ms. Healy added that she had assured the complainants that a new docket could be opened if there were problems later.
Chairman Burg moved to dismiss the complaints and close the dockets in TC98-183, TC98- 184, TC98-199 and TC98-212. Commissioner Nelson seconded. Motion passed 2-0.
6. IN THE MATTER OF DISMISSING DOCKETS CN01-001, CT01-034, CT01-037, and CT01-038.
Chairman Burg moved to dismiss the complaints and close the dockets in CN01-001, CT01- 034, CT01-037, and CT01-038. Commissioner Nelson seconded. Motion passed 2-0.
Electric
Paul Roberts, representing Clay-Union Electric Corporation, explained the boundary change. Ms. Farris recommended that the boundary change be approved.
Chairman Burg moved to approve the boundary change. Commission Nelson seconded. Motion passed 2-0.
Jim Wilcox, Xcel Energy, explained the economic development report and proposed budget. Mr. Jacobson recommended that they be approved.
Commissioner Nelson moved to approve the 2000 economic development annual report and the 2001 economic development budget. Chairman Burg seconded. Motion passed 2-0.
Natural Gas
Suzan Stewart, representing MidAmerican Energy Company, stated that it had no objection to the suspension. Mr. Jacobson recommended that a filing fee be deposited by MidAmerican as established by the Executive Director and that additional amounts be deposited as requested by the Executive Director up to the statutory limit of $100,000. He further recommended that the Commission suspend the proposed rates of MidAmerican filed in this case for 90 days beyond October 26, 2001. Mr. Jacobson also stated that the intervention deadline was established as November 9, 2001, in the weekly filing notice but Staff requests it be placed in the order for informational purposes.
Chairman Burg moved to suspend the imposition of the tariff for 90 days beyond October 26, 2001. Commissioner Nelson seconded. Motion passed 2-0.
Chairman Burg moved to assess a filing fee for actual expenses not to exceed $100,000. Commissioner Nelson seconded. Motion passed 2-0.
Telecommunications
Ms. Cremer recommended that, with the filing of TC01-096 by Qwest Corporation, this docket be closed. Tom Welk, representing Qwest Corporation, stated that it had no objection to closing the docket.
Chairman Burg moved to close the docket. Commissioner Nelson seconded. Motion passed 2-0.
Ms. Wiest recommended that an order be issued in accordance with the court's decision.
Commissioner Nelson moved to designate GCC as an ETC for nonrural telephone exchange areas consistent with the court's decision. Chairman Burg seconded. Motion passed 2-0.
Kyle White, representing Black Hills FiberCom, explained the stipulation and agreement and requested an effective date of October 10, 2001. Ms. Forney explained to the Commission where the filed rates came from and recommended an exemption for three years. Tom Welk, Qwest Corporation, concurred.
Chairman Burg moved to approve the stipulation and agreement with an effective date of October 10, 2001, and with an exemption from filing cost-based rates for three years. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Frazier recommended that the Commission reconsider the decision to approve the agreement and further recommended that the agreement be denied.
Commissioner Nelson moved to reconsider the decision to approve the agreement. Chairman Burg seconded. Motion passed 2-0.
Commissioner Nelson moved to deny the agreement and close the docket. Chairman Burg seconded. Motion passed 2-0.
Ms. Forney recommended that Global Crest Communications, Inc. be granted a certificate of authority with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits.
Commissioner Nelson moved to grant a certificate of authority to Global Crest Communications, Inc. with the restrictions as noted above. Chairman Burg seconded. Motion passed 2-0.
Mr. Best recommended that the amended revenue requirement be approved.
Chairman Burg moved to approve the amended revenue requirement. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Frazier recommended that the agreement be approved.
Chairman Burg moved to approve the agreement. Commissioner Nelson seconded. Motion passed 2-0.
Rich Coit, representing the South Dakota Telecommunications Association, explained the agreements and how they were executed. Mr. Frazier recommended approval, noting that he had examined all the agreements and all were properly executed. Ms. Wiest recommended that a list of the agreements be attached to the order.
Chairman Burg moved to approve the agreement. Commissioner Nelson seconded. Motion passed 2-0.
Mr. Frazier recommended that the agreement be approved.
Chairman Burg moved to approve the agreement. Commissioner Nelson seconded. Motion passed 2-0.
Rich Coit, representing the South Dakota Telecommunications Association, recommended that the agreement between the Brookings Municipal Utilities d/b/a Swiftel Communications and Beresford Municipal Telephone Company be approved. Mr. Frazier recommended that the agreement be approved.
Commissioner Nelson moved to approve the agreement. Chairman Burg seconded. Motion passed 2-0.
Meeting adjourned.
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Mary R. Giddings
Administrative Secretary
