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South Dakota Public Utilities Commission Meeting
January 27, 2023, at 9:30 A.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 5:00 p.m. CST on Thursday, January 26, 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 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 January 5, 2023, and the Show Cause Hearing Held on January 5, 2023 (Deputy Executive Director: Leah Mohr)

Consumer Reports

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


1.      TC22-057        In the Matter of the Application of Beresford Municipal Telephone Company for an Amended Certificate of Authority (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

         On October 25, 2022, Beresford Municipal Telephone Company (BMTC) filed an application to amend its Certificate of Authority to provide local exchange services pursuant to SDCL 49-31-69. BMTC states the purpose of this filing is to expand BMTC’s local exchange service territory area so that it includes all geographic areas that have over the past few years been properly annexed by the Beresford City Council and made part of the municipality of Beresford. BMTC states that up until recently, the referenced annexed areas have been unoccupied and at present BMTC does not believe that Clarity Telecom, LLC dba Vast Broadband is providing any of its wireline local exchange services to locations within these areas. BMTC further asks the Commission to waive the provisions of ARSD Sections 20:10:32:03 (1-8), (10-22), and (24) as being inapplicable and unnecessary to address this filing for amendment of BMTC’s existing certificate of authority for local exchanges services.

         TODAY, shall the Commission approve the request for waiver? AND shall the Commission approve the request for an Amended Certificate of Authority?

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 17, 2023, the Commission received an Application for Party Status from Lesley Pedde.

         TODAY, shall the Commission grant party status to any additional individuals who have filed an Application for Party Status? 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.   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.

2.   The next regular commission meeting will be Thursday, February 9, 2023, at 2:00 p.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.

3.   The PUC office will be closed Monday, February 20, 2023, in observance of Presidents Day.

4.   PUC commissioners and staff will meet with consumers at the Sioux Empire Home Show, February 24-26, 2023, at the Sioux Falls Convention Center & Arena, Sioux Falls, South Dakota.

5.   Commission meetings are scheduled for February 28 and March 14, 2023.

  /s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
January 20, 2023