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South Dakota Public Utilities Commission Meeting
Thursday, May 9, 2002; 1:30 P.M.
State Capitol Building, Room 412
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; Deputy Executive Director Sue Cichos; Commission Advisor Greg Rislov; Commission Counsels Rolayne Ailts Wiest and John J. Smith; Staff Attorneys Karen Cremer and Kelly Frazier; Staff Analysts Dave Jacobson, Harlan Best, Keith Senger, Mary Healy and Michele Farris; Transportation/Warehouse Director Bob Knadle; Transportation Administrator/Warehouse Inspector Tom Graham; and Administrative Secretary Mary Giddings.
Also present was Darla Pollman Rogers.
Joining the meeting by telephone were Heather Forney, Commission Staff Analyst; Leon Kremeier, Kevin Kouba and Bruce Gerhardson, Otter Tail Power Co., Suzan Stewart, MidAmerican Energy Company; Arlene Dizana and Debra Keim, Peoples Natural Gas Co.; and Patsy Allyn, Complainant.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On April 17, 2002. (Staff: Mary Giddings.)
Chairman Burg moved to approve the minutes of the Commission meeting held on April 17, 2002. 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 received since the April 17, 2002, Commission meeting.
Addendum
Consumer Issues
Complainant Patsy Allen explained her concerns about Otter Tail Power Company (OTP) service. Her main concern is that the bill for electricity is extremely high and she would like an independent party to test the meter. Bruce Gerhardson, representing OTP, requested a continuance until Complainant will allow meter testing by OTP in accordance with OTP's filed and approved tariff. Mr. Gerhardson pointed out that both the tariff and the Commission's rules provide for meter testing by the company and for the testing to be observed by the customer or her representative. He further stated that there is no provision in either the tariff or rule for third party testing. Kevin Kouba, representing OTP, explained that OTP has meter testing done in Fergus Falls, MN. Mr. Kouba stated that OTP has no objection to Complainant's representative being present when the meter is pulled from the socket, transported to and from the testing center, tested and replaced. Mr. Frazier noted that it is a violation of the tariff for anyone other than OTP to install locks or other restraints on the meter socket. He also stated OTP's concern about the safety hazard posed by OTP's inability to access the meter in the event of an emergency.
Commissioner Nelson moved to grant a continuance to allow meter testing and to make a Commission Staff person available, at no charge to Complainant, to observe the removal, transporting, testing and reinstallation of the meter or to have Complainant and/or her representative, at Complainant's expense, observe the removal, transporting, testing and reinstallation of the meter. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Nelson moved to require Complainant to remove all locks or other restraints installed by anyone other than OTP from the Respondent's meter socket and to allow OTP unencumbered access to its meter. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Electric
Kevin Kouba, representing Otter Tail Power Company, explained the contract with deviations. Mr. Jacobson, for Ms. Forney, recommended that the contract with deviations be approved with an effective date of May 1, 2002. Commissioner Nelson stated that matters brought before the Commission should be heard before their effective dates.
Commissioner Nelson moved to approve the contract with deviations with an effective date of May 1, 2002. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Natural Gas
Suzan Stewart, for Glenn Iversen, explained the MidAmerican Energy Company 2001 economic development report and its 2002 economic development budget. Ms. Farris, for Ms. Forney, recommended that the 2001 report and 2002 budget be approved. Ms. Forney further explained and answered Commission questions.
Chairman Burg moved to approve the 2001 Economic Development Report and 2002 Economic Development Plan. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Debra Keim, representing Aquila, Inc. d/b/a Aquila Networks, formerly known as Peoples Natural Gas Company, explained the tariff revision reflecting the change of name. Mr. Jacobson recommended that the tariff revision be approved.
Commissioner Nelson moved to approve the tariff revision. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications
Ms. Farris recommended that the Commission accept Z-Tel Communications' continuous $25,000 surety bond and eliminate the restrictions from offering prepaid calling cards, accepting advance payments or customer deposits.
Chairman Burg moved to accept the company's continuous $25,000 surety bond and he further moved to remove the restrictions from offering prepaid calling cards, accepting advance payments or customer deposits. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Jacobson recommended that the Application by Sonix4U, Inc. for a certificate of authority to provide interexchange telecommunications service in South Dakota be approved with restrictions from offering prepaid calling cards, accepting advance payments or customer deposits and effective the date of the order.
Chairman Burg moved to grant a certificate of authority to provide interexchange telecommunications services to Sonix4U, Inc. with restrictions from offering prepaid calling cards, accepting advance payments or customer deposits and effective the date of the order. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Ms. Farris recommended that the request for a certificate of authority be withdrawn and that the docket be closed.
Chairman Burg moved to grant the request to withdraw the application for a certificate of authority to Telegenius, Inc. and he further moved to close the docket. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Senger recommended that Winstar Wireless, Inc.'s certificate of authority be transferred to Winstar Communications, LLC with the waiver of ARSD 20:10:24:02(8), subject to a continuous $25,000 surety bond, and effective May 21, 2002.
Chairman Burg moved to grant the transfer of the certificate of authority from Winstar Wireless, Inc. to Winstar Communications, LLC with the waiver of ARSD 20:10:24:02:(8), subject to a continuous $25,000 surety bond, and effective May 21, 2002. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Senger, for Ms. Forney, recommended that Accxx Communications, LLC be granted a certificate of authority with the waiver of ARSD 20:10:24:02(8); restrictions from offering prepaid calling cards, accepting advance payments or customer deposits; and with an effective date of May 27, 2002.
Commissioner Nelson moved to grant a certificate of authority to provide interexchange services to Accxx Communications, LLC. with the waiver of ARSD 20:10:24:02(8); restrictions from offering prepaid calling cards, accepting advance payments or customer deposits; and with an effective date of May 27, 2002. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Darla Pollman Rogers, representing Midstate Telecom, Inc., explained the request to extend the exemption from filing cost-based switched access rates for three years and requested approval of the current intrastate switched access tariff no. 1.
Chairman Burg moved to grant the three-year extension of time to Midstate Telecom, Inc. and to approve the current switched access tariff no. 1. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Addendum
Consumer Issues
Ms. Healy recommended that the complaint be dismissed and the docket closed.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Telecommunications
Mr. Jacobson noted that their $25,000 bond will be cancelled on May 25, 2002. He recommended that RDST, Inc.'s certificate of authority be amended with restrictions from offering prepaid cards, advance payments and customer deposits.
Chairman Burg moved to approve an amendment to the conditions of the Certificate of Authority of RDST to eliminate the $25,000 bond requirement and to restrict RDST. Inc. from offering prepaid calling cards, advance payments and customer deposits. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Meeting adjourned.
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Mary Giddings, Administrative Secretary
