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South Dakota Public Utilities Commission Meeting
February 1, 2022, at 1:30 P.M. CST
Matthew Training Center, Foss Building
Pierre, South Dakota

NOTE: Docket participants who wish to join this meeting by conference call should contact the Commission at 605-773-3201 by 10:00 a.m. CST on Tuesday, February 1, 2022, to reserve a phone line. Lines are limited and assigned on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in docket discussion at the Commission Meeting and a line is not available, you may have to appear in person.

NOTE: To listen to the Commission Meeting live please go to the PUC’s website www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests persons who will only be listening to proceedings and not actively appearing in a case listen via the webcast to free phone lines for those who have to appear. The Commission meetings are archived on the PUC’s website under the Commission Actions tab. Click on “Commission Meeting Archives,” to access the recordings.

NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.

AGENDA OF COMMISSION MEETING

Administration

1.      Approval of the Minutes of the Commission Meeting Held on January 18, 2022 (Staff: Janeth Merriman)

Consumer Reports

1.      Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

Electric

1.    EL19-006    In the Matter of the Application of Black Hills Power Inc. dba Black Hills Energy for a Facility Permit to Construct a 230 kV Transmission Line and Associated Facilities in Pennington County (Staff Analysts: Eric Paulson, Joseph Rezac; Staff Attorney: Kristen Edwards)

    On February 5, 2019, Black Hills Power, Inc. dba Black Hills Energy (BHE) filed for a permit to construct a 0.7-mile 230 kV transmission line and associated facilities (Project) in Pennington County, South Dakota. The Project would include a substation at the location of the former Ben French Power Plant on the northwest side of Rapid City, South Dakota. It will also include a 230 kV transmission line from the substation running southeast approximately 0.2 miles, then east approximately 0.5 miles. The transmission line will be constructed entirely within an existing BHE easement, and the substation will be constructed on property owned by BHE. A public input hearing was held in Rapid City on March 18, 2019. No person sought party status in this docket. BHE responded to all staff data requests. On May 31, 2019, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation and Order Granting Permit to Construct Transmission Facilities, Notice of Entry. On December 8, 2021, BHE filed a Motion for Release of Indemnity Bond.

TODAY, shall the Commission grant Black Hills Energy’s Motion for Release of Indemnity Bond? OR how shall the Commission Proceed?

Grain Warehouse

1.    GW21-003    In the Matter of the Grain Buyer Bond of Farmers Cooperative Elevator, Avon, South Dakota (Grain Warehouse Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)

    On July 22, 2021, staff opened this docket to seek and disburse bond proceeds from the grain buyer bond of Farmers Cooperative Elevator (FCE) for the licensing year 2020-2021. Notice was sent to customers of FCE on July 23, 2021, notifying customers of the bond and their right to file claims against it, as well as providing claim forms. Staff determined that one producer had a bond-eligible claim. On January 24, 2022, staff filed a Motion for Disbursement of Grain Buyer Bond.

    TODAY, shall the Commission order disbursement of the proceeds of FCE’s grain buyer bond? AND how shall the proceeds be disbursed? OR how shall the Commission proceed?

2.    GW21-007    In the Matter of the PUC Staff’s Complaint Against Dallas Langley Trucking For Violations of SDCL 49-45-1 (Grain Warehouse Manager: Cody Chambliss; Staff Attorney: Amanda Reiss)

    On December 30, 2021, staff filed a Complaint against Dallas Langley Trucking for violations of SDCL 49-45-1. In its complaint, staff alleged Dallas Langley Trucking made five purchases of grain for resale between July 1, 2021, and November 30, 2021, a period in which Dallas Langley Trucking did not hold a valid grain buyer license. Staff has engaged in discussions with Dallas Langley Trucking regarding this matter and anticipate finalizing a settlement by January 28, 2022.

    TODAY, shall the Commission approve the Settlement? AND shall the Commission assess a penalty against Dallas Langley Trucking? OR how shall the Commission proceed?

3.    GW22-001    In the Matter of Dallas Langley Trucking’s Application for a Grain Buyer License (Grain Warehouse Manager: Cody Chambliss; Staff Attorney: Amanda Reiss)

    On January 3, 2022, Dallas Langley Trucking sent an email to Cody Chambliss challenging the denial of Dallas Langley Trucking’s application for a grain buyer license. Upon receipt of this email, staff opened a docket to provide for Commission review of the denial along with an opportunity for a hearing on the matter. On January 18, 2022, the Commission received an email from Dallas Langley Trucking to withdraw the request for a Commission hearing. On January 19, 2022, staff filed a letter confirming that Dallas Langley Trucking was withdrawing the request for Commission review of Mr. Chambliss’
denial of the grain buyer license application and that the docket should be dismissed and closed.

    TODAY, shall the Commission dismiss and close the docket? OR how shall the Commission proceed?

Items for Commission Discussion

Public Comment

Individuals who wish to make public comments to the commission may do so during this time. All who offer public comments are requested to sign in at the commission meeting or let the commission know of their wish to speak when they call in to reserve a phone line. Time limits for comments may be determined at the discretion of the commission.

Announcements

1.    The PUC will host an Open House for Legislators on Thursday, January 27, 2022, 7:30-11:00 a.m. CST in the PUC office, first floor of the State Capitol Building, Pierre, South Dakota.

2.     South Dakota Public Utilities Commissioners and staff will hold a virtual meeting via Zoom with representatives of NorthWestern Energy on Thursday, January 27, 2022, at 1:30 p.m. CST. NorthWestern Energy will provide an update on company operational and financial activities. To attend the meeting, please call the PUC at (605) 773-3201 for instructions by 10:00 a.m. CST, January 27.

3.    PUC commissioners will participate virtually in the National Association of Regulatory Utility Commissioner Winter Policy Summit, February 13-16, 2022.

4.    The next regular commission meeting will be Friday, February 18, 2022, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.

5.    The PUC office will be closed Monday, February 21, 2022, in observance of Presidents Day.

6.    PUC commissioners and staff will meet with consumers at the Sioux Empire Home Show, February 25-27, 2022, at the Sioux Falls Convention Center & Arena, Sioux Falls, South Dakota.

7.    Commission meetings are scheduled for March 4 and 15, 2022.

/s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
January 11, 2022