020502

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
Tuesday, February 5, 2002; 2:30 P.M.
State Capitol Building, Room 468
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Burg called the meeting to order. Present were Commissioner Pam Nelson; Commissioner Bob Sahr; Executive Director Deb Elofson; Commission Advisor Greg Rislov; Commission Counsels Rolayne Ailts Wiest, John Smith; Staff Attorney Kelly Frazier; Staff Analysts Dave Jacobson, Heather Forney, Martin Bettmann, Mary Healy, Michele Farris; Information Systems Specialist Terry Emerson; and Administrative Secretary Patti Jennings.

Also present were Bob Miller, SD Electric Utility Companies; Warren Lotsberg, Northwestern Public Service; Tom Harmon, Sprint.

Joining the members by phone were Suzan Stewart, MidAmerican Energy Company; Colleen Sevold, Qwest; Mary Lohnes, Midcontinent Communications; Russell Mather, Jim Berg, James Miller, Basin Electric.

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On January 24, 2002. (Staff: Patti Jennings.)

Chairman Burg moved to approve the minutes of the January 24, 2002, meeting. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.

Consumer Issues

1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Mary Healy.)

Ms. Healy presented an update on inquiries and complaints recently received.

2. IN THE MATTER OF DISMISSING DOCKETS CC01-002, CT01-054, CT01-055, CT01- 058, CT01-061, and CT02-001.

CC01-002 IN THE MATTER OF THE COMPLAINT FILED BY TIMMY E. AINSLIE, MITCHELL, SOUTH DAKOTA, AGAINST NORTHWESTERN PUBLIC SERVICE COMPANY REGARDING NOTICE TO DISCONNECT AND FAILURE TO ESTABLISH A REASONABLE PAYMENT PLAN. (Staff Analyst: Charlene Lund. Staff Attorney: Kelly Frazier.)

CT01-054 IN THE MATTER OF THE COMPLAINT FILED BY ALAN SARVER, RAPID CITY, SOUTH DAKOTA, AGAINST QWEST CORPORATION REGARDING DELAYED SERVICE. (Staff Analyst: Mary Healy. Staff Attorney: Kelly Frazier.)

CT01-055 IN THE MATTER OF THE COMPLAINT FILED BY CHARI SAZUE, ABERDEEN, SOUTH DAKOTA, AGAINST ILD TELESERVICES, INC. AND WEBNET COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Karen Cremer.)

CT01-058 IN THE MATTER OF THE COMPLAINT FILED BY MARY CECILIA HOGAN, SIOUX FALLS, SOUTH DAKOTA, AGAINST INTEGRISS REGARDING UNAUTHORIZED BILLING FOR SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Kelly Frazier.)

CT01-061 IN THE MATTER OF THE COMPLAINT FILED BY TODD WAGNER, ST. LAWRENCE, SOUTH DAKOTA, AGAINST AT&T COMMUNICATIONS OF THE MIDWEST, INC. REGARDING UNAUTHORIZED BILLING FOR SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Karen Cremer.)

CT02-001 IN THE MATTER OF THE COMPLAINT FILED BY RICH WIDMAN, BROOKINGS, SOUTH DAKOTA, AGAINST SPRINT COMMUNICATIONS COMPANY L.P. REGARDING CONTINUOUS DISCONNECTS AND POOR SERVICE. (Staff Analyst: Mary Healy. Staff Attorney: Karen Cremer.)

Chairman Burg moved to dismiss the complaints and close the dockets on CC01-002, CT01-054, CT01-055, CT01-058, CT01-061, and CT02-001. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.

3. CT01-029 IN THE MATTER OF THE COMPLAINT FILED BY GAYLE G. FOUNTAIN, FLANDREAU, SOUTH DAKOTA, AGAINST DIRECT ONE COM.LONG DISTANCE REGARDING UNAUTHORIZED BILLING FOR SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Kelly Frazier.)

Chairman Burg moved to award Ms. Fountain $1,000 as allowed by law to deny expenses. Commissioner Nelson made a substitute motion to allow expenses. Commissioner Sahr seconded Chairman Burg's motion in this matter. Commissioner Nelson dissented. Motion passed 2-1.

Electric

1. EL01-025 IN THE MATTER OF THE APPLICATION OF BASIN ELECTRIC POWER COOPERATIVE FOR A CONSTRUCTION PERMIT FOR 23 MILES OF 230 KV ELECTRIC TRANSMISSION LINE AND ASSOCIATED FACILITIES. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

Russell Mather, representing Basin Electric Power Cooperative, explained request for motion for extension of time for final determination. Ms. Farris recommended approval and advised to leave extension date open ended.

Chairman Burg moved to grant extension of time for final determination with an open-ended date. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.

Natural Gas

1. NG01-012 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF ITS 2001 ECONOMIC DEVELOPMENT REPORT AND ITS 2002 ECONOMIC DEVELOPMENT PLAN. (Staff Analyst: Heather Forney. Staff Attorney: Kelly Frazier.)

Action was deferred.

Telecommunications

1. TC01-062 IN THE MATTER OF THE APPLICATION OF DIRECT ONE, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Kelly Frazier.)

Ms. Farris recommended approval to withdraw the application.

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

2. TC01-077 IN THE MATTER OF THE FILING FOR APPROVAL OF AN ADOPTION AGREEMENT BETWEEN QWEST CORPORATION AND PREFERRED CARRIER SERVICES, INC. (Staff Attorney: Kelly Frazier.)

Mr. Frazier recommended denial of the agreement.

Commissioner Nelson moved to deny the proposed agreement. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.

3. TC01-160 IN THE MATTER OF THE FILING FOR APPROVAL OF A BOUNDARY CHANGE BETWEEN JAMES VALLEY COOPERATIVE TELEPHONE COMPANY AND QWEST CORPORATION. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

Ms. Farris explained that both James Valley and Qwest have requested an amended Certificate of Authority. They have asked for a waiver from ARSD 20:10:32:03 subparagraphs 1-7, 9-21 and 23. The companies are requesting the waivers because the Commission already has the information and the change in territory doesn't affect the information. Ms. Farris recommended approval of the boundary change and amended Certificates of Authority.

Commissioner Sahr moved to approve the boundary change and to amend the Certificates of Authority. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

4. TC01-191 IN THE MATTER OF THE PETITION FOR AN ORDER TO SHOW CAUSE AS TO WHY BUYERSONLINE SHOULD NOT BE FOUND TO BE IN VIOLATION OF THE LAWS OF THE STATE OF SOUTH DAKOTA. (Staff Attorney: Kelly Frazier.)

Action was deferred.

5. TC02-001 IN THE MATTER OF THE FILING FOR APPROVAL OF AN AMENDMENT TO A WIRELESS INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION AND CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS, AS SUCCESSOR-IN-INTEREST TO COMMNET CELLULAR, INC. (Staff Attorney: Kelly Frazier.)