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South Dakota Public Utilities Commission Meeting
October 11, 2022, at 1:30 P.M. CDT
Room 413, Capitol 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. CDT on Tuesday, October 11, 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 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.



1.      Approval of the Minutes of the Commission Meeting Held on September 13, 2022 (Deputy Executive Director: Leah Mohr)

Consumer Reports

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


1.      TC21-001        In the Matter of the Application of LTD Broadband LLC for Designation as an Eligible Telecommunications Carrier for Purposes of Receiving Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

         On January 7, 2021, the Commission received an Application for Designation as an Eligible Telecommunications Carrier (ETC) from LTD Broadband LLC (LTD Broadband) for purposes of receiving federal universal service support. LTD Broadband has preliminarily been awarded Rural Digital Opportunity Fund (RDOF) funding for certain census blocks in South Dakota. On January 27, 2021, the South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene which was granted on February 22, 2021. On December 1, 2021, the Commission held an evidentiary hearing on this matter. On March 21, 2022, the Commission issued a Final Decision and Order Denying Application for Designation as an Eligible Telecommunications Carrier in Certain Census Blocks; Notice of Entry of Order. On April 20, 2022, LTD Broadband filed a Petition for Reconsideration or Rehearing and on July 22, 2022, the Commission issued an Order Denying Reconsideration; Order Granting Rehearing; Order Granting Request to Amend Application; Order to Submit Proposed Procedural Schedule. On August 24, 2022, LTD Broadband filed a Letter regarding FCC Update and Request to Suspend Docket. On September 6, 2022, SDTA filed an Objection to Docket Suspension and Motion to Close.

         TODAY, shall the Commission grant LTD Broadband’s request to suspend the docket? OR shall the Commission grant SDTA’s request to close the docket? OR how shall the Commission proceed?


1.      EL19-012        In the Matter of the Application by Sweetland Wind Farm, LLC for Facility Permits for a Wind Energy Facility and a 230-kV Transmission Facility in Hand County, South Dakota for the Sweetland Wind Farm Project (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorney: Kristen Edwards)

         On March 6, 2019, Sweetland Wind Farm, LLC (Applicant) filed an application for facility permits to construct Sweetland Wind Farm, a wind energy facility located on approximately 20,979 acres of land in Hand County, South Dakota, in the townships of Pearl, Hulbert, and Rose Hill, South Dakota, and a 230-kV transmission line (Project). The total installed capacity of the Project would be approximately 200 MW nameplate capacity. The proposed Project includes up to 71 wind turbine generators, access roads to turbines and associated facilities, underground electrical power collector lines connecting the turbines to the Project substation, an operations and maintenance facility, and temporary construction areas, including crane paths, pull sites, access roads, a laydown yard, and a concrete batch plant(s) (as needed), and four permanent meteorological towers. The Project would interconnect to the regional electric grid along the Western Area Power Administration’s (WAPA) existing Fort Thompson to Huron transmission line via a new switchyard located in Rose Hill Township. The Project will result in the installation of approximately 7 miles of 230-kV overhead transmission line. The Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation; Order Granting Permit to Construct Facility; Notice of Entry (Permit) on July 31, 2019. On October 4, 2022, Applicant filed a letter requesting approval of a transmission line adjustment pursuant to the material change provision in Condition 25 of the Permit. The purpose of the requested transmission line adjustment is to accommodate a request by the WAPA.

         TODAY, shall the Commission grant Applicant’s request for approval of transmission line adjustment? OR how shall the Commission proceed?

2.      EL22-026        In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2023 Infrastructure Rider Project Eligibility and Factor Update (Staff Analysts: Brittany Mehlhaff and Patrick Steffensen; Staff Attorney: Kristen Edwards)

         On September 30, 2022, the Commission received a Petition by Northern States Power Company dba Xcel Energy (Xcel) for approval of its 2023 Infrastructure Rider Project Eligibility and Factor Update. Xcel requests approval of the Infrastructure Rider Tracker Report and true-up for the 2022 revenue requirements, 2023 Infrastructure Rider revenue requirements of negative $2.3 million, an updated Infrastructure Rider Adjustment Factor of negative $0.001037 per kWh, proposed revision to the Infrastructure Rider tariff sheet, and proposed customer notice. Xcel proposes a January 1, 2023, effective date. Xcel notes that it recently filed an electric rate case in which it proposed to move all projects currently being recovered through the Infrastructure Rider that were forecasted to be in-service prior to December 31, 2022, from the Infrastructure Rider into base rates, resulting in the proposed negative revenue requirement and rate factor for 2023. Xcel states the average bill impact for a residential customer using 750 kWh per month will be an estimated credit of $0.78 per month, a decrease of $10.80 over the 2022 rate. Xcel’s proposed Infrastructure Rider rate would refund an estimated $2,262,749 in revenue requirements for 2023.   

         TODAY, shall the Commission assess a filing fee in the amount of up to $250,000 to account for actual expenses incurred in review of this filing commencing from the filing?

Grain Warehouse

1.      GW21-002      In the Matter of Farmers Cooperative Elevator, Avon, South Dakota (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)

            On July 7, 2021, staff filed a Petition requesting the Commission immediately take action pursuant to SDCL 49-43-5.6 and 49-45-16 and seek receivership of Farmers Cooperative Elevator (FCE). On July 12, 2021, the Commission issued an Order Granting Request to Apply to the Circuit Court to Appoint a Receiver, directing staff to apply to the appropriate circuit court to be granted receivership of FCE. The Honorable Cheryle Gering, Circuit Court Judge, issued an Order Appointing Receiver. The Court’s Order appointed Cody Chambliss as Receiver of FCE. On October 4, 2022, staff filed a Request to Close Docket, stating that all day-to-day receivership duties had concluded, all general payables and producers had been paid, and the only remaining duties of the Receiver related to collections activities. In its Request, staff noted that it did not intend to request the circuit court terminate the receivership until all collection activities had concluded and will continue to file the necessary reports with the court and obey all court orders but requested that the commission affirm staff’s conclusion that no additional action is necessarily going forward and this docket can be closed.

         TODAY, shall the Commission close this docket? OR how shall the Commission proceed?

Hydrocarbon and Carbon Dioxide Pipeline

1.      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 (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)

         On September 27, 2022, the Commission received an Application for a Permit under the South Dakota Energy Conversion and Transmission Facilities Act to Construct the Heartland Greenway Pipeline in South Dakota (Application) from Navigator Heartland Greenway, LLC, a limited liability company owned by Navigator CO2 Ventures LLC (Navigator or Applicant). Applicant proposes to construct and operate a carbon dioxide (CO2) transmission pipeline (Project). The Project is approximately 1,300 miles of pipelines for the transportation of CO2 from more than 21 ethanol and fertilizer plants across 5 states, including 3 ethanol plants in South Dakota, that will transport captured carbon dioxide for permanent and secure underground sequestration in Illinois and/or to off-take facilities for commercial/industrial use. The Project consists of 111.9 miles of carbon dioxide pipeline in South Dakota that will cross the counties of Brookings, Moody, Minnehaha, Lincoln, and Turner. SDCL 49-41B-12 provides for a filing fee to be assessed to cover the Commission’s actual cost of investigating, reviewing, processing, and serving Notice of the Application.

         TODAY, shall the Commission assess a filing fee with an initial deposit of $8,000? AND shall the Commission authorize the executive director to enter into necessary consulting contracts? 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.


1.   Commissioners will attend the 2022 South Dakota Municipal League Annual Conference Thursday, October 6, 2022, at the Watertown Event Center, Watertown, South Dakota.

2.   The PUC office will be closed Monday, October 10, 2022, in observance of the Native American Day holiday.

3.   Commissioners will attend the South Dakota Rural Electric Association’s Member Services Group Meeting on Wednesday, October 26, 2022, at 8:00 a.m. CDT at the Ramkota in Pierre.

4.   The next regular commission meeting will be Thursday, October 27, 2022, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.

5.   Commission meetings are scheduled for November 8 and 18, 2022.


  /s/ Cindy Kemnitz                 .

Cindy Kemnitz
Finance Manager
October 4, 2022