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South Dakota Public Utilities Commission Meeting
December 20, 2022, at 9:30 A.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 5:00 p.m. CDT on Monday, December 19, 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 December 6, 2022 (Deputy Executive Director: Leah Mohr)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC22-055 In the Matter of the Application of BIF IV Intrepid OpCo LLC for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On August 31, 2022, the Commission received a filing from BIF IV Intrepid OpCo LLC (Intrepid) for a Certificate of Authority to provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota. In its application, Intrepid seeks a Certificate to provide local exchange telecommunications services that do not require an interconnection agreement. On September 29, 2022, the South Dakota Telecommunications Association (SDTA) was granted intervention. On November 7, 2022, SDTA and Intrepid filed a Joint Stipulation.
TODAY, shall the Commission grant Intrepid’s request for a Certificate for Authority to provide local exchange and interexchange telecommunication services in South Dakota? AND shall the Commission grant Intrepid’s request for a waiver of ARSD 20:10:32:10?
Complaint
1. CT20-001 In the Matter of the Complaint of Venture Communications Cooperative against AT&T Mobility (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On May 13, 2020, Venture Communications Cooperative (Venture) filed a complaint against AT&T Mobility (Mobility) for failing to pay for local interconnection facilities ordered by Mobility in Access Service Requests (ASRs) at the rates set forth in Venture’s price list. On June 16, 2020, Mobility filed an answer and counterclaim. On July 2, 2020, Venture filed a Reply to Counterclaim. On August 7, 2020, the Commission issued an Order Granting Motion for Adoption of Procedural Schedule; Order Adopting Procedural Schedule; Order Requiring Prefiled Testimony. On March 18, 2021, the Commission issued an Order Granting Motion for Revised Procedural Schedule; Order Adopting Revised Procedural Schedule. On September 1, 2021, the Commission issued an Order Cancelling Evidentiary Hearing. On November 24, 2021, the Commission issued an Order Denying Motion to Set Hearing Date; Order Denying Testimony by Electronic Means. On November 8, 2022, Venture filed a Motion to Amend Complaint. On November 18, 2022, Mobility filed an Objection to the Motion to Amend Complaint and Motion to Dismiss. On November 29, 2022, Staff filed a Response to Venture Communications Cooperative’s Motion to Amend Complaint and AT&T Mobility’s Motion to Dismiss.
TODAY, shall the Commission grant Venture’s Cooperative Motion to Amend Complaint? AND shall the Commission grant AT&T Mobility’s Motion to Dismiss? OR how shall the Commission proceed?
2. CE22-001 In the Matter of the Complaint filed by Amber Christenson, Linda Lindgren and Timothy Lindgren against Crowned Ridge Wind LLC regarding Project Sound Level Compliance (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On September 21, 2022, The Commission received a Complaint from Amber Christenson, Linda Lindgren and Timothy Lindgren (Complainants) against Crowned Ridge Wind LLC (Crowned Ridge) alleging deficiencies in sound testing previously conducted by Crowned Ridge. Notice of the Complaint was sent to Crowned Ridge on October 11, 2022. On October 28, 2022, Crowned Ridge Filed a Motion to Dismiss, which Staff later joined. Complainants filed responses to the Motion to Dismiss on December 5, 2022. In their response, the Lindgrens, through their attorney, argued that because Crowned Ridge included attachments to the Motion to Dismiss, it should be treated as a Motion for Summary Judgment. On December 12, 2022, staff filed its Response to Opposition to Motion to Dismiss.
TODAY, shall the Commission exclude any attachments to the Motion to Dismiss that introduce facts not included in the Complaint? AND shall the Commission grant the Motion to Dismiss? OR how shall the Commission proceed?
Electric
1. EL22-032 In the Matter of the Joint Request for Approval of an Amended Electric Service Territory Boundary Agreement between Black Hills Electric Cooperative, Inc. and Black Hills Power, Inc. dba Black Hills Energy (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On November 7, 2022, the Commission received a Joint Amended Service Territory Line Agreement (Agreement) between Black Hills Electric Cooperative and Black Hills Power dba Black Hills Energy. The Agreement amends the existing electric service territory boundary that was approved by the Commission in docket EL19-001. This amendment will prevent the duplication of services to the respectable areas and costs for future line extensions to new customers will be much lower with the amendment.
TODAY, shall the Commission approve the Amended Service Territory Line Agreement?
2. EL22-033 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Tariff Revisions to Its Small Qualifying Facility Rider (Rates 73 and 74) (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On November 15, 2022, the Commission received an application by NorthWestern Corporation dba NorthWestern Energy (NorthWestern) for approval to revise its Rate No. 73 – Small Qualifying Facility Rider (Occasional delivery energy service) and Rate No. 74 – Small Qualifying Facility Rider (Time of delivery energy service) tariff rates to reflect prices based on projected 2022 - 2023 data. NorthWestern requests an effective date of January 1, 2023, for the proposed modifications to the rate schedules.
TODAY, shall the Commission approve NorthWestern Energy’s tariff revisions with an effective date of January 1, 2023?
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 five states, including three 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. On November 21 and 22, 2022, the Commission held public input meetings in Canton, Flandreau, and Sioux Falls. Party status has been granted to numerous individuals and entities. At the Commission meeting held on December 6, 2022, Applicant informed the Commission that it had inadvertently failed to send the notice required by SDCL 49-41B-5.2 to approximately 204 landowners. On December 9, 2022, Applicant filed a letter detailing the notice error and Applicant’s plan to remedy the error, as well as a request that an additional public input meeting be held virtually to accommodate those landowners who were not sent the notice. On December 12, 2022, the Commission received an Application for Party Status from Gwen Reker.
TODAY, shall the Commission grant party status to any additional persons who have filed? AND how shall the Commission proceed regarding SDCL 49-41B-5.2?
2. HP22-001 In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)
On February 7, 2022, the Commission received an Application for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Application) from SCS Carbon Transport LLC (Applicant). Applicant proposes to construct and operate a carbon dioxide (CO2) transmission pipeline (Project). The Project is approximately 2,000 miles of pipelines for the transportation of CO2 from more than 30 ethanol plants across five states, including seven ethanol plants in South Dakota, to underground injection control facilities in North Dakota. Five public input meetings were held between March 22 and March 25, 2022. Party status has been granted to numerous persons (Intervenors). On June 13, 2022, the Commission issued an Order Granting, in part, Motion to Extend Final Decision Deadline; Order Denying Landowners’ Motion to Dismiss and, in the Alternative, Motion for Stay. On October 13, 2022, Applicant filed Applicant’s Supplemental Application. On November 4, 2022, Applicant filed a Motion for Scheduling Order. At the November 18, 2022, Commission meeting, the Commission directed all Parties to confer with each other on scheduling dates for a procedural schedule, and if the Parties cannot mutually agree, each Party to submit its proposal for a scheduling order by December 9, 2022. On December 9, 2022, staff filed a Proposal for Procedural Schedule. Responses to staff’s Proposal were filed by Applicant, South Dakota Association of Rural Water Systems, and Landowners represented by Brian Jorde.
TODAY, shall the Commission issue a procedural schedule? 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. Commissioners and staff will meet with representatives of NorthWestern Energy on Tuesday, December 20, 2022, at 1:30 p.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota. NorthWestern Energy will provide an update on company operational and financial activities.
2. The PUC office will be closed Friday, December 23 and Monday, December 26, 2022, in observance of the Christmas holiday.
3. The PUC office will be closed Monday, January 2, 2023, in observance of the New Year holiday.
4. The next regular commission meeting will be Thursday, January 5, 2023, at 2:00 p.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.
5. Commissioners will attend the Mid-America Regulatory Commissioners meeting, January 12-14, 2023, at The Laura Hotel, Houston, Texas.
6. The PUC office will be closed Monday, January 16, 2023, in observance of Martin Luther King, Jr. Day.
7. Commission meetings are scheduled for January 17 and 27, 2023.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
December 13, 2022
