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South Dakota Public Utilities Commission Meeting
January 17, 2023, 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, January 17, 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

Administration

1.      Approval of the Minutes of the Commission Meeting Held on December 20, 2022 (Deputy Executive Director: Leah Mohr)

Consumer Reports

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

Electric

1.      EL22-034        In the Matter of the Joint Request for Service Rights Exception between Codington-Clark Electric Cooperative, Inc. and NorthWestern Corporation dba NorthWestern Energy (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

         On December 2, 2022, the Commission received an Agreement for Service Rights Exception between Codington-Clark Electric Cooperative (Codington-Clark) and NorthWestern Corporation dba NorthWestern Energy (NorthWestern). Codington-Clark agreed to allow NorthWestern to provide electrical service to a property in Codington-Clark’s assigned service territory. The legal description for the property is the NE 1/4 of Section 13, Township 113 North (T100N), Range 57 West (R057W), Clark County, South Dakota. NorthWestern has an existing service located closer to the property and that will result in a lower contribution in aid of construction for the owner to receive electrical service.

         TODAY, shall the Commission approve the Agreement for a Service Rights Exception in assigned areas between Codington-Clark Electric Cooperative, Inc. and NorthWestern Corporation dba NorthWestern Energy?

2.      EL22-035        In the Matter of the Joint Request for Service Rights Exception between Northern States Power Company dba Xcel Energy and Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         On December 22, 2022, the Commission received an Agreement for Service Rights Exception between Northern States Power Company dba Xcel Energy (Xcel) and Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy (Sioux Valley). Xcel agreed to allow Sioux Valley to provide electrical service to a property in Xcel’s assigned service territory. The location for the property is the T101N R49W Section 12 in Minnehaha County, South Dakota. The 13 streetlights are located along E Tahoe Street and Powder House Road. Sioux Valley has an existing service located closer to the property and the City of Sioux Falls, who owns the streetlights, has provided their approval in Exhibit B.

         TODAY, shall the Commission approve the Agreement for a Service Rights Exception in assigned areas between Northern States Power Company dba Xcel Energy and Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy?

3.      EL22-036        In the Matter of the Application of Northern States Power Company dba Xcel Energy for Approval of a Tariff Revision to Include February as an Extended Billing Period Month (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

         On December 22, 2022, the Commission received an application from Northern States Power Company dba Xcel Energy (Xcel) for approval of a tariff revision to add the month of February to the months in which customers may have extended billing periods. Xcel states that a recent change to add Martin Luther King Jr. Day as a company holiday has required them to revise its Meter Reading schedule to account for the company holiday beginning in 2023. This revision will result in certain billing cycles in February having 35 days between meter reading dates. Xcel’s tariff currently lists November, December, and January as the months in which an extended billing cycle may occur, and with this filing, Xcel proposes February be added to these months. Xcel requests an effective date of January 25, 2023.

         TODAY, shall the Commission approve the tariff revisions with an effective date of January 25, 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 January 10, 2023, the Commission issued an Order granting staff’s Motion for Discovery Response Deadline; Motion to Require Prefiled Testimony; and Request for Prehearing Scheduling Conference. Commission counsel plans to host a virtual prehearing scheduling conference on January 13, 2023.

         TODAY, shall the Commission adopt the proposed procedural schedule discussed at the 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 December 19, 2022, Landowners filed a Renewed Motion to Dismiss and Return Summit’s Application or, in the Alternative, Motion for Stay. The Ethanol Plants and Summit have each filed their Objection to Landowners’ Renewed Motion to Dismiss and Return Summit’s Application or, in the Alternative, Motion for Stay. On January 9, 2023, staff filed a Response to Landowners’ Renewed Motion to Dismiss and Return Summit’s Application or, in the Alternative, Motion for Stay.

         TODAY, shall the Commission grant Landowners’ Renewed Motion to Dismiss and Return Summit’s Application, or in the Alternative, Motion for Stay? 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 will attend the Mid-America Regulatory Commissioners meeting, January 12-14, 2023, at The Laura Hotel, Houston, Texas.

2.   The PUC office will be closed Monday, January 16, 2023, in observance of Martin Luther King, Jr. Day.

3.   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.

4.   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.

5.   The next regular commission meeting will be Friday, January 27, 2023, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.

6.   Commission meetings are scheduled for February 9 and 28, 2023.

  /s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
January 10, 2023