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South Dakota Public Utilities Commission Meeting
January 5, 2023, at 2:00 P.M. CST
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. CST on Thursday, January 5, 2023, 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
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC21-014 In the Matter of the Application of LTD Broadband LLC for Certificates of Authority to Provide Resold and Facilities-Based Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On April 13, 2021, LTD Broadband, LLC (LTD) filed an Application for Certificates of Authority to Provide Resold and Facilities-based Local Exchange and Interexchange Telecommunications Services in the State of South Dakota. The Application specifies LTD does not intend to provide retail voice telecommunications services nor switched access services, but LTD intends to provide private line services and may seek interconnection agreements with incumbent local exchange carriers and wholesale telecommunications contracts to supplement LTD’s services and may provide other arrangements such as dark fiber, fiber spectrum leases or other high-capacity services. On November 30, 2022, LTD filed a Motion to close the docket.
TODAY, shall the Commission grant LTD Broadband, LLC’s Motion and close the docket?
2. TC22-069 In the Matter of the Application of City of Brookings Municipal Telephone dba Swiftel Communications for an Amended Certificate of Authority (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On December 13, 2022, City of Brookings Municipal Telephone dba Swiftel Communications (Swiftel) filed an application for an Amended Certificate of Authority for local exchange service pursuant to SDCL 49-31-69. Pursuant to a resolution by the Mayor of the City of Brookings that annexed new areas into the city, Swiftel requests to add new telephone service territory currently held by Interstate Telecommunications Cooperative (ITC). ITC does not object to Swiftel’s request. Swiftel also requests the Commission waive ARSD 20:10:32:03 (1-8); (10-22); and (24).
TODAY, shall the Commission approve the request for waiver? AND shall the Commission approve the request for an Amended Certificate of Authority?
Electric
1. EL21-018 In the Matter of the Application by North Bend Wind Project, LLC for a Permit to Construct and Operate the North Bend Wind Project in Hyde County and Hughes County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On June 23, 2021, North Bend Wind Project, LLC (North Bend or Project) filed an application for a permit to construct the North Bend Wind Project, a wind energy facility located on approximately 46,931 acres of land in Hyde County and Hughes County, South Dakota, in the townships of Butte, Chapelle, Harrold, Holabird, Pleasant Valley, Pratt, and Webster. The total installed capacity of the Project would not exceed 200 megawatts nameplate capacity. The proposed Project includes up to 71 wind turbine generators, access roads to turbines and associated facilities, underground 34.5-kilovolt (kV) electrical collector lines, underground fiber-optic cable, a 34.5-kV to 230-kV collection substation, a 230-kV interconnection switching station, an aircraft detection lighting system and one permanent meteorological tower. The Project will interconnect to the Western Area Power Administration’s Fort Thompson-Oahe 230-kV transmission line, which crosses the southern portion of the project area. On September 17, 2021, the Commission issued an Order Granting Party Status to Judi Bollweg and Michael Bollweg (Intervenors). On September 29, 2022, the Commission issued an Order Granting Joint Stipulation and Motion to Adopt Second Revised Procedural Schedule, setting the evidentiary hearing to begin on December 13, 2022. On November 7, 2022, North Bend Filed a Motion to Clarify Hearing Scope. On November 22, 2022, Intervenors filed a Letter Regarding Scope of Hearing. On December 6, 2022, Intervenors filed a Motion to Withdraw. On December 9, 2022, North Bend filed a Letter Regarding Cancellation of Evidentiary Hearing. On December 13, 2022, North Bend and staff filed a Settlement Stipulation and a Joint Motion for Approval of Settlement Stipulation.
TODAY, shall the Commission grant North Bend’s Motion to Clarify the Hearing Scope? AND shall the Commission grant Intervenor’s Motion to Withdraw? AND shall the Commission Grant the Joint Motion for Approval of Settlement Stipulation? AND shall the Commission grant, deny, or grant with conditions, a permit for the construction of a wind energy facility to North Bend Wind Project pursuant to SDCL 49-41B-25? OR how shall the Commission proceed?
2. EL22-024 In the Matter of the Application of Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval to Implement New Rate Schedule High Density Contracted Demand Response Rate 45 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On September 21, 2022, the Commission received an application from Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc. (MDU) for approval to implement a new rate schedule, High Density Contracted Demand Response Rate 45 (Rate 45). MDU is proposing Rate 45 be available to all data center-type facilities housing high density computer processing technology, including but not limited to blockchain technology facilities. MDU states in its application that Rate 45 customers must meet an expected demand of at least 10 MW, an expected minimum load factor of 85 percent, and be interrupted up to 200 hours annually and will be required to enter into an electric service agreement, subject to Commission approval, prior to the commencement of service.
TODAY, shall the Commission grant approval of Montana-Dakota Utilities Co.’s High Density Contracted Demand Response Rate 45 and associated tariff revisions with an effective date of January 6, 2023?
3. EL22-029 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions to Its Rates for Rate 95 and Rate 96 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On October 12, 2022, Montana-Dakota Utilities Co. (MDU) filed for approval of revisions to its Rate 95 (occasional power purchase non-time differentiated) and Rate 96 (short-term power purchase) tariff sheets. This filing updates the energy and capacity payments based on current data. MDU states it currently has one customer taking service under Rate 95 and the annual change in revenue due to this filing will be minimal. MDU requests a January 1, 2023, effective date. On November 15, 2022, MDU responded to staff’s data request.
TODAY, shall the Commission approve Montana-Dakota Utilities Co.’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. On December 22, 2022, staff filed a Motion for Discovery Response Deadline; Motion to Require Prefiled Testimony; and Request for Prehearing Scheduling Conference.
TODAY, shall the Commission grant staff’s request to establish a ten-business day response deadline for discovery requests? AND shall the Commission require prefiled testimony? AND shall the Commission order a prehearing scheduling conference? OR how shall the Commission proceed?
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 was to submit its proposal for a scheduling order by December 9, 2022. On December 9, 2022, Commission staff filed a Proposal for Procedural Schedule. Responses to its Proposal were filed by Applicant, South Dakota Association of Rural Water Systems, and Landowners represented by Brian Jorde. On December 13, 2022, Jody Eli-Ackerman filed a Request to Withdraw Party Status. On December 16, 2022, Landowners filed a Motion for Clarification and Modification of Protective Order. On December 19, 2022, Landowners filed a Motion to Continue Hearing on proposed Scheduling Order. On December 28, 2022, the Commission Attorney notified all parties of a January 5, 2023, virtual prehearing conference.
TODAY, shall the Commission grant Landowners’ Motion for Clarification and Modification of Protective Order? AND shall the Commission grant Landowners’ Motion to Continue Hearing on proposed Scheduling Order? AND shall the Commission grant Jody Eli-Ackerman’s Request to Withdraw Party Status? OR how shall the Commission proceed?
1. Election of a Chairperson and Vice Chairperson of the Commission (Commission Attorney: Adam de Hueck)
South Dakota Codified Law 49-1-8 states in part that, “The members of the Commission shall elect a chairperson by majority vote and prescribe his duties.” SDCL 49-1-12 requires that, “Every vote and official action of the Public Utilities Commission shall be entered of record and its proceedings shall be public upon the request of either party or any person interested.” SDCL 1-25-1 requires that all official meetings of Commission be open to the public. Accordingly, the determination of the Commission’s leadership structure shall be made at this public meeting.
TODAY, how shall the Commission provide for its Executive Leadership?
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 office will be closed Monday, January 2, 2023, in observance of the New Year’s Day holiday.
2. A show cause hearing for the following dockets will be held Thursday, January 5, 2023, at 1:30 p.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.
- TC22-065 - In the Matter of NewPhone Wireless, LLC’s failure to Timely Pay Gross Receipts Tax
- TC22-066 - In the Matter of Opex Communications Inc. dba TCI Long Distance’s Failure to Timely Pay Gross Receipts Tax
- TC22-067 - In the Matter of Reduced Rate Long Distance, LLC’s Failure to Timely Pay Gross Receipts Tax
- TC22-068 - In the Matter of Total Holdings Inc. dba GTC Communications’ Failure to Timely Pay Gross Receipts Tax
3. Commissioners will attend the Mid-America Regulatory Commissioners meeting, January 12-14, 2023, at The Laura Hotel, Houston, Texas.
4. The PUC office will be closed Monday, January 16, 2023, in observance of Martin Luther King, Jr. Day.
5. The next regular commission meeting will be Tuesday, January 17, 2023, at 2:00 p.m. CST in the Floyd Matthew Training Center in the Foss Building, 523 E. Capitol Avenue, Pierre, South Dakota.
6. The PUC will host a Briefing for Legislators on Thursday, January 19, 2023, at 4:00 p.m. CST in Room 414 at the State Capitol Building, Pierre, South Dakota. The agenda is to discuss current issues related to telecommunications, energy regulation and grain warehouses.
7. The PUC will host an Open House for Legislators on Thursday, January 26, 2023, 7:30-11:00 a.m. CST in the PUC office, first floor of the State Capitol Building, Pierre, South Dakota.
8. Commission meetings are scheduled for January 27 and February 9, 2023.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
December 29, 2022
