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South Dakota Public Utilities Commission Meeting
Tuesday, January 29, 2008 at 2:00 P.M.
State Capitol Building, Room 468
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Gary Hanson called the meeting to order. Present were: Vice Chairman Steve Kolbeck; Commissioner Dusty Johnson; Executive Director Patty Van Gerpen; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorneys John Smith and Rolayne Wiest; Staff Attorneys Karen Cremer and Kara Semmler; Staff Analysts Harlan Best, Nathan Solem, Keith Senger, Bob Knadle, Daris Ormesher; and Brian Rounds; Consumer Affairs Supervisor Deb Gregg; and Administrative Secretary Demaris Axthelm.
Joining the meeting by telephone were: Talbot Wieczorek, Gunderson, Palmer, Goodsell & Nelson, representing Sprint Communications Company L.P. and Alltel Communications, Inc.; Meredith Moore. Cutler and Donahoe, representing Alltel Communications, Inc.; Colleen Sevold, and George Thomson, Qwest Corporation; Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy and Pendergast, representing Brookings Municipal Utilities d/b/a Swiftel Communications; Tom Welk, Boyce, Greenfield, Pashby & Welk; representing Qwest Communications Corporation; Sean Simpson, Alltel Communication, Inc; Jerry Reisenauer, West River Telephone; and Doug Eidahl and Wendy Harper, Vantage Point Solutions.
Also present were: Bill Van Camp, Olinger, Lovald, McCahren & Reimers PC, representing AT&T Communications of the Midwest; Dave Gerdes, May, Adam, Gerdes and Thompson, representing Midcontinent Communications and Excel Energy; Margo Northrup, Riter, Rogers, Wattier, & Brown, representing Interstate Telecommunications Cooperative, Inc. and Rich Coit, South Dakota Telecommunications Association.
Administration
1.) Approval of the Minutes of the Commission Meeting Held on November 6, 2007. (Staff: Demaris Axthelm)
Vice Chairman Kolbeck moved to approve the Commission Minutes of November 6, 2007. Motion passed 3-0.
Consumer Reports
1.) Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Ms. Deb Gregg reported that the Commission had received a total of 85 contacts since the last report was prepared for the January 15, 2008, Commission meeting. 11 of the contacts involved telecommunications services; 18 contacts involved electricity issues; 11 contacts involved natural gas issues; 9 contacts involved cellular phone issues; 19 contacts involved the Do Not Call Registry; and 17 contacts involved issues not regulated by the Public Utilities Commission. In 2008, 129 of the 158 complaints registered have been resolved informally. In 2007, 2,265 of the 2,337 complaints registered have been resolved informally.
Electric
Ms. Karen Cremer stated that Staff is seeking to assess a filing fee not to exceed $50,000 pursuant to 4911A-8 with an initial deposit of $8000.
Commissioner Johnson moved to assess a filing fee not to exceed $50,000 and with an initial deposit of $8,000. Motion passed 3-0.
Telecommunications
Chairman Hanson asked if there were any objections to the Commission taking up Dockets TC06-175, TC06-176, TC06-178, TC06-180, TC06-188 and TC06-189 together. Hearing no objections the above Dockets were taking together.
Ms. Meredith Moore stated that Interstate Telecommunications Cooperative, Inc. (ITC) has been working with all parties involved on a business resolution. Ms Moore further stated that the parties have executed a joint motion for delay in hopes of making the arbitration unnecessary. Mr. Talbot Wieczorek representing Sprint Communications Company L.P. (Sprint) concurred with Ms. Moore's comments.
Commissioner Johnson moved to grant the joint motion for delay in Dockets TC06-175, TC06-176, TC06-178, TC06-180, TC06-188 and TC06-189. Motion passed 3-0.
7.) In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement in Dockets TC07-095, TC07-096, TC07-097, and TC07-119
Ms. Kara Semmler stated that the amendments in Dockets TC07-095, TC07-096, TC07-097, and TC07-119 have been properly filed, have been properly executed and do not appear to contain discriminatory provisions. No comments were filed, and staff recommends approval of the Amendments.
Vice Chairman Kolbeck moved to approve the Amendments to the Interconnection Agreements in Dockets TC07-095, TC07-096, TC07-097, and TC07-119. Motion passed 3-0.
8.) In the Matter of the Petition for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement in Dockets TC07-111, TC07-112, TC07-113, TC07-114, TC07-115, and TC07-116
Ms. Karen Cremer stated that the parties have all signed a Stipulation for Scheduling Order adjusting and amending the procedural schedule. Ms Meredith Moore requested that the Commission approve the Stipulation & Scheduling Order, which the parties had previously signed and are operating on at this time. Mr. Sean Simpson stated that Alltel Communications concurred with Ms. Moore's statement.
Commissioner Johnson moved to approve the Stipulation for Scheduling Order in Dockets TC07-111, TC07-112, TC07-113, TC07-114, TC07-115, and TC07-116. Motion passed 3-0.
Ms. Karen Cremer stated that pursuant to SDCL 49-31-44, Staff is requesting that the Commission assess a deposit, not to exceed $75,000 per party per docket, on each party to each of the above dockets, with an initial deposit by each party of $1,000 for each docket to which such party is a party.
Commissioner Johnson moved to assess a deposit, not to exceed $75,000 per party per docket, on each party to each of the above dockets, with an initial deposit by each party of $1,000 for each docket to which such party is a party. Motion passed 3-0.
9.) In the Matter of the Approval of Agreements in Dockets TC07-120, TC07-122, and TC07-124
Ms. Kara Semmler stated that the agreements in Dockets TC07-120, TC07-122, and TC07-124, have been properly filed, have been properly executed and do not appear to contain discriminatory language. No comments were filed, and staff recommends approval of the agreements.
Vice Chairman Kolbeck moved to approve the agreements in Dockets TC07-120, TC07-122, and TC07-124. Motion passed 3-0.
Ms. Karen Cremer stated that Qwest Corporation (Qwest) has requested that this matter be deferred. Ms. Colleen Sevold of Qwest concurred with Ms. Cremer statements.
Chairman Hanson announced that Docket TC07-021 would be deferred at the request of the parties.
Mr. Keith Senger stated that the applicant has met the requirements for the granting of a Certificate of Authority. Mr. Senger recommended that the Commission grant an Interexchange Certificate of Authority to Consumer Telecom, Inc. subject to the restrictions that Consumer Telecom not offer any prepaid services (including prepaid calling cards) and not accept or require any deposits or advance payments without prior approval of the Commission.
Commissioner Johnson moved that the Commission grant an Interexchange Certificate of Authority to Consumer Telecom, Inc. subject to the restrictions that Consumer Telecom not offer any prepaid services (including prepaid calling cards) and not accept or require any deposits or advance payments without prior approval of the Commission. Motion passed 3-0.
Mr. Bill Van Camp representing, AT&T Communications of the Midwest Inc. (AT&T) stated that AT&T is requesting intervention for the purpose of participating in Docket TC07-128. Mr. Tom Welk representing Qwest Communications Corporation (Qwest) stated that under the Commission rules and South Dakota Administrative Procedural Act Qwest is requesting intervention and status as a party in Docket TC07-128. Ms. Wendy Harper of Vantage Point Solutions stated that she had no comments. Ms. Karen Cremer stated that Staff recommends granting intervention to Qwest and AT&T.
Vice Chairman Kolbeck moved to grant intervention to Qwest Communications Corporation and AT&T Communications of the Midwest Inc. in Docket TC07-128. Motion passed 3-0.
There being no further business, at the hour of 2:20 pm the South Dakota Public Utilities Commission Meeting adjourned.
/s/Demaris Axthelm___________
Demaris Axthelm
Administrative Secretary
