Commission Minutes | previous page
South Dakota Public Utilities AD HOC Meeting
Monday, April 26, 2004 at 9:00 A.M.
Capital Building, Room 412
Pierre, South Dakota
MINUTES OF THE AD HOC MEETING
Chairman Bob Sahr called the meeting to order. Also present were Commissioner Jim Burg; Executive Director Pamela Bonrud; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorneys Rolayne Ailts Wiest and John Smith; Staff Attorney Karen Cremer; Staff Analysts Michele Farris, Harlan Best, Keith Senger and Sue Schaefer; and Administrative Secretary Tina Douglas.
Also present were Darla Rogers, Riter, Rogers, Mayer, Hofer, Wattier & Brown representing various local number portability clients; and Bob Miller, South Dakota Electric Utility Companies.
Joining the meeting by telephone were Vice Chairman Gary Hanson; Talbot Wieczorek, Gunderson, Paul, Goodsell & Nelson representing Western Wireless; Suzan Stewart and Marv Sorenson, MidAmerican Energy Company; Colleen Sevold, Qwest Corporation; Jeff Larson, Santel Communications Cooperative; and James Groft, James Valley Cooperative Telephone Co.
Natural Gas
Mr. Jacobson indicated that staff's requests for a 90 day suspension of tariff imposition and to asses a filing fee not to exceed $100,000 are standard in a rate case filing and that the intervention deadline has been established as May 14, 2004. MidAmerican Energy Company had no objections to staff's requests
Chairman Sahr moved to suspend the imposition of the tariff for 90 days beyond May 2, 2004, and assess a filing fee for actual expenses not to exceed $100,000. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
Administration
Establishment of the Gross Receipts Tax levy for the 2005 Fiscal Year (Deputy Executive Director: Heather Forney)
Ms. Forney stated that SDCL Chapter 49-1A establishes the South Dakota Public Utilities Commission Gross Receipts Tax Fund. On April 1st of each year all utilities and telecommunications companies doing business in South Dakota shall file with the Commission, on forms provided by the Commission, the amount of its gross receipts derived from customers within South Dakota during the preceding calendar year pursuant to SDCL 49-1A-4. The report shall be sworn to and verified by an officer of the company. On May 1st of each year, the Commission shall, by order, establish the rate and assess the tax authorized in SDCL 49-1A-3 which, together with any funds remaining from the current fiscal year and the two hundred fifty dollar minimum gross receipt tax, will fund the Commission=s budget for the next fiscal year and provide a contingency reserve in an amount not to exceed the prior year=s budget. In accordance with SDCL 49-1A-5, the tax is due and payable on July 15th of each year. After receiving the majority of the Gross Receipt Tax forms, the levy will need to be $.0015. Ms. Forney recommended that the Commission assess $.0015 for the Gross Receipt Tax with a $250.00 minimum.
Chairman Sahr moved to establish a rate of $.0015 and assess the Gross Receipt Tax with a $250.00 minimum. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
Telecommunications
1. In the Matter of Petitions for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended in Dockets TC04-025, TC04-038, TC04-044, TC04-045, TC04-046, TC04-047, TC04-048, TC04-049, TC04-050, TC04-051, TC04-052, TC04-053, TC04-054, TC04-055, TC04-056, TC04-060, TC04-061, TC04-062 and TC04-077
Ms. Wiest recommended that the Commission first hear Midcontinent Communications' testimony on its Motion to Compel and the petitioner's testimony at the beginning of the hearing which is scheduled for June 21 through June 25, 2004 and June 28, 2004 to July 1, 2004. Ms. Wiest also stated that Santel Communications Cooperative has requested it be heard in its entirety on July 1, 2004. Ms. Wiest also recommended that the intervention time be shortened for the fillings of Tri-County Telcom, Inc. and Cheyenne River Sioux Tribe Telephone Authority because they were filed later than the rest of the dockets. Ms. Wiest recommended the following procedural schedule:
The due dates for pre-filing of testimony are as follows (all dates 2004):
May 14 Petitioner's direct testimony and exhibits
May 28 Intervenors' and Staff's reply testimony and exhibits
June 14 Petitioner's re al testimony and exhibits
The schedule for discovery is as follows (all dates 2004):
April 28 General interrogatories, document requests and other general discovery requests by all parties
May 11 Responses to general discovery requests by all parties
May 18 Supplemental discovery requests by intervenors and Staff following Petitioner's pre-filed testimony
May 24 Petitioner's responses to supplemental discovery requests
June 3 Supplemental discovery requests by Petitioner following intervenors' and Staff's pre-filed testimony
June 10 Intervenors' and Staff's responses to Petitioner's supplemental discovery requests
Chairman Sahr moved to approve hearing Midcontinent Communications' testimony on its Motion to Compel and the petitioner's testimony at the beginning of the hearing, also to approve that Santel Communications Cooperative be heard in its entirety on July 1, 2004, and lastly to approve the procedural schedule as stated by staff. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
Meeting adjourned.
___________________________________
Tina Douglas
Administrative Secretary
