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HP22-002 - In the Matter of the Application of Navigator Heartland Greenway, LLC for a Permit Under The South Dakota Energy Conversion and Transmission Facilities Act to Construct the Heartland Greenway Pipeline in South Dakota
Date Filed: 09/27/22 ♦ Intervention Date: 11/28/22
Date of Notice of Filing: 09/29/22 ♦ Docket Closed: 10/26/23
Date of Notice of Filing: 09/29/22 ♦ Docket Closed: 10/26/23
Agendas:
October 11, 2022, Agenda of Commission Meeting
October 27, 2022, Agenda of Commission Meeting
December 6, 2022, Agenda of Commission Meeting
December 20, 2022, Agenda of Commission Meeting
January 5, 2023, Agenda of Commission Meeting
January 17, 2023, Agenda of Commission Meeting
January 27, 2023, Agenda of Commission Meeting
February 9, 2023, Agenda of Commission Meeting
February 28, 2023, Agenda of Commission Meeting
April 13, 2023, Agenda of Commission Meeting
April 27, 2023, Agenda of Commission Meeting
June 6, 2023, Agenda of Commission Meeting
June 20, 2023, Agenda of Commission Meeting
July 11, 2023, Agenda of Commission Meeting
July 20, 2023, Ad Hoc Agenda of Commission Meeting
September 6, 2023, Agenda of Commission Meeting
Minutes:
Minutes of the October 11, 2022 Commission Meeting
Minutes of October 27, 2022, Commission Meeting
Minutes of the December 6, 2022 Commission Meeting
Minutes of the December 20, 2022, Commission Meeting
Contact Precision Reporting to order a written transcript of the HP22-002 discussion
Minutes of the January 5, 2023 Commission Meeting
Minutes of the January 17, 2023 Commission Meeting
Minutes of the January 27, 2023 Commission Meeting
Minutes of the February 9, 2023 Commission Meeting
Minutes of the February 28, 2023, Commission Meeting
Minutes of the April 13, 2023, Commission Meeting
Minutes of the April 27, 2023, Commission Meeting
Minutes of the June 6, 2023 Commission Meeting
Minutes of the June 20, 2023 Commission Meeting
Minutes of the July 11, 2023 Commission Meeting
Minutes of the July 20, 2023 Ad Hoc Commission Meeting
Minutes of the September 6, 2023 Commission Meeting
Click For Comments and Responses
Evidentiary Hearing Exhibits
Pre-filed Testimonies and Exhibits
Application for Party Status
Pipeline Siting Info Guide
Public Input Meetings on the Application were held on Nov. 21-22, 2022, in Canton, Flandreau and Sioux Falls, South Dakota.
Canton Performing Arts Center, 800 N. Main, Canton, South Dakota
- Sign In Sheets – Canton
- Recording
- Contact Precision Reporting to order a written transcript of the public input meeting.
William J. Janklow Community Center, 800 W. Community Dr., Flandreau, South Dakota
- Sign In Sheets – Flandreau
- Recording
Washington Room, Ramkota Conference Center, 3200 W. Maple Street, Sioux Falls, South Dakota
- Sign In Sheets – Sioux Falls
- Recording
- Contact Pat Beck to order a written transcript of the public input meeting
Orders:
- 09/30/22 - Notice of Application; Order for and Notice of Public Input Meetings; Notice of Opportunity to Apply for Party Status
- 09/30/22 - Amended Notice of Application; Order for and Notice of Public Input Meetings; Notice of Opportunity to Apply for Party Status
- 10/14/22 - Order Assessing Filing Fee; Order Authorizing Executive Director to Enter into Contracts
- 10/28/22 - Order Granting Party Status (SDTA, Brookings County Commission)
- 12/07/22 - Order Granting Party Status
- 12/28/22 - Order Granting Party Status (Gwen Reker, Dave Larson)
- 01/10/23 - Order Granting Motion to Set Discovery Response Deadline; Order Granting Motion to Require Prefiled Testimony; Order to Hold Prehearing Scheduling Conference
- 01/19/23 - Order Setting Procedural Schedule
- 01/30/23 - Order Granting Party Status (Pedde)
- 01/30/23 - Order For and Notice of Motion Hearing on Less Than 10 Days' Notice
- 02/13/23 - Order Denying Motion to Return Application
- 02/21/23 - Order for and Notice of Motions Hearing on Less Than 10 Days’ Notice
- 03/02/23 - Order Granting Request to Withdraw Party Status; Order Amending Procedural Schedule; Order Granting Motion for Protective Order
- 04/17/23 - Order Granting Request to Withdraw Party Status
- 04/28/23 - Order Denying Late-Filed Party Status
- 06/08/23 - Order Granting Request to Withdraw Party Status
- 06/09/23 - Order for and Notice of Evidentiary Hearing
- 06/14/23 - Order for and Notice of Motion Hearing on Less Than 10 Days’ Notice
- 06/23/23 - Order Granting Motion for Time Certain for Witness Testimony
- 06/27/23 - Order for and Notice of Motion Hearing on Less Than 10 Days’ Notice
- 07/14/23 - Order Granting Motion to Address Procedural Issues in Part; Order Granting Motion to Limit or Exclude Testimony in Part; Order Granting Motion for Prehearing Conference; Order Granting Motion for Time Certain
- 07/17/23 - Order for and Notice of Motion Hearing on Less Than 10 Days’ Notice
- 07/24/23 - Order Denying Motion for Remote Testimony; Order Granting Motions for Time Certain for Witness Testimony
- 07/28/23 - Order Granting Motion to Intervene for Limited Purpose; Order Denying Motion to Hold in Abeyance Applicant’s Motion to Pre-Empt County Ordinances
- 08/23/23 - Order Establishing Post-Hearing Briefing Schedule and Decision Date
- 09/13/23 - Order Denying Applicant’s Motion to Preempt County Ordinances Under SDCL 49-41B-28
- 09/26/23 - Final Decision and Order Denying Permit to Construct Facility; Notice of Entry
Filed Documents:
- 09/27/22 - Navigator Heartland Greenway, LLC's Letters regarding its Application for a Permit to Construct the Heartland Greenway Pipeline
- Application
Exhibit A1 - Project Vicinity MapSee 10/07/22 filing.- Exhibit A2 - Hydrology Aerial Maps
- Exhibit A3 -Topographic Maps
- Exhibit A4 - Soil Maps
- Exhibit A5 - Hydrology Maps
- Exhibit A6 - Land Cover Maps
- Exhibit B - Phase 1 Confidential (not available to the public)
- Exhibit C - Supplementary Tables
- Exhibit D - PHMSA Exceedance Table
- Exhibit E- Environmental Construction Guidance
- Brandi Naughton Direct Testimony
- David Giles Direct Testimony
- Elizabeth Burns-Thompson Direct Testimony
- Jonathon Muller Direct Testimony
- Stephen Lee Direct Testimony
- Vidal Rosa Direct Testimony
- 10/04/22 - Commission Attorney's Certificate of Service
- 10/07/22 - Exhibit A1 - Project Vicinity Map - Updated
- 10/11/22 - PUC Staff’s Letter regarding Filing Fee
- 10/31/22 - Navigator Heartland Greenway, LLC's Proof of Service to County Auditors
- 10/31/23 - Navigator Heartland Greenway, LLC's Proof of Service Mailed via U.S. Mail
- 11/04/22 - Tri-State Neighbor, Notice of Public Meetings, Proof of Publication, Oct. 21, 2022
- 11/09/22 - Navigator Heartland Greenway, LLC's Revised Exhibit A2 and Exhibit A3 Maps
- 11/15/22 - Navigator Heartland Greenway, LLC's Letter regarding PowerPoint Presentation
- 11/18/22 - Farm Forum, Notice of Public Meetings, Affidavit of Publication (October 21, 28; November 18)
- 11/28/22 - Notice of Appearance (Thomas H. Frieberg and Austin J. Felts, City of Canton)
- 11/28/22 - Notice of Appearance (William H. Golden, Lincoln County State's Attorney)
- 11/30/22 - Navigator Heartland Greenway, LLC's Letter regarding Corrected Presentation
- 12/01/22 - Navigator Heartland Greenway, LLC's Response to Party Status Applications
- 12/05/22 - Notice of Appearance (John P. Peterson, representing Sherwood Beek and Kristi Devick Beek)
- 12/05/22 - PUC Staff’s Letter regarding Applications for Party Status
- 12/05/22 - Notice of Appearance (John P. Peterson, representing Dwayne Pederson Land Co, LLC; Dakota Aeration, Inc.; and Pederson Ag, LLC)
- 12/05/22 - Notice of Public Meetings, Affidavits of Publication
- Brandon Valley Journal (October 19, 26; November 16, 2022)
- Moody County Enterprise (October 19, 26; November 16, 2022)
- Sioux Falls Argus Leader (October 20, 27; November 17, 2022)
- Brookings Register (October 20, 27; November 17, 2022)
- Garretson Gazette (October 20, 27; November 17, 2022)
- Lennox Independent (October 20, 27; November 17, 2022)
- Parker New Era (October 20, 27; November 17, 2022)
- Sioux Valley News – Canton (October 20, 27; November 17, 2022)
- Tea Weekly (October 21, 28; November 18, 2022)
- 12/06/22 - Tri-State Neighbor, Notice of Public Meetings, Proof of Publication, November 18, 2022
- 12/09/22 - Navigator Heartland Greenway, LLC's Letter regarding Notice to Landowners
- 12/15/22 - Notice of Appearance (Ryan Cwach, Intervenors)
- 12/22/22 - PUC Staff's Motion for Discovery Response Deadline, Motion to Require Prefiled Testimony; and Request for Prehearing Scheduling Conference
- 01/10/23 - Commission Attorneys’ Prehearing Conference Certificate of Service
- 01/12/23 – Notice of Appearance (Ellie Bailey, SDARWS and SDREA) and Certificate of Service
- 01/12/23 - Navigator Heartland Greenway, LLC's Proof of Notice to Landowners
- Exhibit B - Landowners Confidential (not available to the public)
- 01/20/23 - Hilary Morey's Subpoena
- 01/24/23 - Landowners' Motion to Return Application and Certificate of Service
- 01/30/23 - PUC Staff’s Response to Motion to Return Application
- 01/30/23 - Landowners' Interrogatories and Requests for Production of Documents and Certificate of Service
- 02/03/23 - Navigator Heartland Greenway, LLC's Objection to Motion to Return Application
- 02/06/23 - Commission Counsel Email to All Parties
- 02/08/23 - Landowners' Reply to Applicant's Objection to Motion to Return Application and Certificate of Service
- 02/10/23 - Commission Counsel Email regarding Scheduling
- 02/16/23 - Navigator Heartland Greenway, LLC's Letter regarding Motion for Protective Order and Protective Order
- 02/21/23 - Joyce Swanson's Request to Withdraw as an Intervenor
- 02/21/23 - Navigator Heartland Greenway, LLC's Letter regarding Updated Application Exhibits and Applicant’s Verification
- 02/21/23 - Staff’s Motion to Amend Procedural Schedule
- 02/21/23 - Notice of Appearance (William Taylor, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada)
- 03/01/23 - Tim Cowman's Subpoena
- 03/22/23 - Commission Attorney’s Email regarding Evidentiary Hearing, Location and Dates
- 03/29/23 - Irma Pick, Bruce Pick and Peggy Anderson's Request to Withdraw as Intervenors
- 05/30/23 - Timothy Scherb's Request to Withdraw as an Intervenor
- 06/13/23 - Staff's Motion for Time Certain for Witness Testimony
- 06/26/23 - Navigator Heartland Greenway, LLC's Letter regarding Motions
- 06/29/23 - United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO’s Motion for an Order Allowing Witness Mike Mikich to Appear at a Time Certain to Authenticate his Pre-Filed Testimony and to Submit to Cross-Examination
- 07/05/23 - Staff’s Response to Applicant’s Motion to Address Procedural Issues
- 07/06/23 - Landowners' Objection
- 07/06/23 - Staff’s Response to Applicant's Motion to Limit or Exclude Certain Testimony
- 07/14/23 – Navigator Heartland Greenway LLC’s Letter regarding Notice of Entry of Order
- Notice of Entry of Order; Order Admitting Non-Resident Attorney Pro Hac Vice - Sarah Dempsey
- Certificate of Service
- 07/14/23 - Intervening Landowners’ Motion for Remote Testimony
- 07/17/23 - Notice of Appearance (William Taylor, International Union of Operating Engineers Local 49 and Laborers International Union of North America) and Certificate of Service
- 07/17/23 - International Union of Operating Engineers Local 49’s Motion for an Order Allowing Witnesses Randall Harris and Nathaniel Runke to Appear at a Time Certain to Authenticate Their Pre-Filed Testimony and to Submit to Cross-Examination; Certificate of Service
- 07/17/23 - Navigator Heartland Greenway LLC's Letter regarding Landowners' Motion
- 07/18/23 - Navigator Heartland Greenway LLC's Letter regarding Amended Certificates of Service
- 07/20/23 - Staff's Written Objections
- 07/20/23 - Staff's Letter Detailing Stipulated Exhibits
- 07/21/23 - Minnehaha County and Minnehaha County Commissioners' Notice of Special Appearance and Certificate of Service
- Motion to Intervene for Limited Purpose to Hold in Abeyance Applicant’s Motion to Preempt County Ordinances Under SDCL 49-41B-28, and for Scheduling Order and Certificate of Service
- Brief in Support of Minnehaha County’s Motion to Hold in Abeyance Applicant’s Motion to Preempt County Ordinances Under SDCL § 49-41B-28 and Certificate of Service
- 07/21/23 - Navigator Heartland Greenway LLC's Response to Moody County's Motion For Time Certain and Certificate of Service
- 07/24/23 - Notice of Appearance (Paul M. Lewis, Moody County State's Attorney)
- 07/24/23 - Navigator Heartland Greenway LLC's Response to Minnehaha County’s Motion for Intervention for Limited Purpose
- 07/24/23 - Staff’s Response to Minnehaha County’s Motion for Intervention for Limited Purpose
- 07/31/23 - Patricia Kindt's Subpoena
- 08/08/23 - Staff’s Motion to Strike Testimony of Dana Bosma
- 08/16/23 - Intervenor Karla Lems’ Communication to Commissioner Fiegen
- 08/23/23 - Navigator Heartland Greenway LLC's Motion to Reopen Applicant’s Case in Chief
- 08/28/23 - South Dakota Association of Rural Water Systems' Post-Hearing Brief
- 08/28/23 - South Dakota Rural Electric Association's Post-Hearing Brief
- 08/29/23 - Staff's Initial Post-Hearing Brief
- 08/29/23 - Navigator Heartland Greenway LLC's Post-Hearing Brief
- 08/29/23 - Navigator Heartland Greenway LLC's Proposed Findings of Fact and Conclusions of Law
- 08/30/23 - Landowners Intervenor ' Post-Hearing Brief
- 08/30/23 - Landowner Intervenors’ Proposed Statement of Facts and Conclusions of Law
- 09/01/23 - Staff’s Post-Hearing Reply Brief and Response to Applicant’s Motion to Preempt County Ordinances Under SDCL 49-41b-28
- 09/03/23 –Staff’s Post-Hearing Reply Brief and Response to Applicant’s Motion to Preempt County Ordinances Under SDCL 49-41b-28 Certificate of Service
- 09/04/23 – Navigator Heartland Greenway LLC's Response Brief
- 09/04/23 – Navigator Heartland Greenway LLC's Brief in Support of Motion to Preempt County Ordinances Under SDCL § 49-41B-28
- 09/04/23 – Minnehaha County’s Final Brief in Opposition to Navigator’s Motion to Preempt County Ordinances Under SDCL § 49-41B-28
- 09/04/23 – Minnehaha County’s Proposed Findings of Fact and Conclusions of Law
- 09/04/23 – Moody County’s Post-Hearing Response to Applicant’s Motion to Preempt County Ordinances under SDCL 49-41B-28
- 09/05/23 - Landowner Intervenors’ Post-Hearing Reply Brief
- 09/05/23 - Staff's Letter regarding Evidentiary Hearing Exhibit List
- 09/20/23 - PUC Staff's Letter regarding PHMSA's Letter
- 10/26/23 - Docket Closed
