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South Dakota Public Utilities Commission Meeting
February 9, 2023, at 2:00 P.M. CST
Room 413, Capitol Building
Pierre, South Dakota
Descriptions of dockets HP22-001 and HP22-002 have been corrected.
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, February 9, 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.
CORRECTED
AGENDA OF COMMISSION MEETING
Administration
1. Approval of the Minutes of the Commission Meetings Held on January 17 and 27, 2023 (Deputy Executive Director: Leah Mohr)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Electric
1. EL22-031 In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On November 1, 2022, Otter Tail Power Company (Otter Tail) filed a petition for approval of its 2023 Transmission Cost Recovery (TCR) Rider. Otter Tail’s TCR rate has been adjusted to reflect the TCR revenue requirements for the next recovery period (March 2023 – February 2024). The update includes the tracker balance estimated for the end of the current recovery period so that no over or under recovery of TCR costs occurs. Otter Tail is requesting inclusion of one new project and also includes an update to the D2 allocation factor as ordered in EL21-031. Otter Tail proposes the update to the rates be applied to usage on and after March 1, 2023.
TODAY, shall the Commission assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date? AND shall the Commission approve Otter Tail Power Company’s TCR rate factors and revised tariff sheet with an effective date of March 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 January 24, 2023, the Commission received Landowners’ Motion to Return Application.
TODAY, shall the Commission grant Landowners’ Motion to Return Application? 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 January 11, 2023, the Commission issued an Order Granting Motion for Procedural Schedule. On January 20, 2023, Applicant filed a Motion to Reconsider Procedural Schedule. On January 25, 2023, Applicant filed a Motion for a Definitive Date for Final Decision and Order and Landowner Intervenors filed its Resistance to Motion to Reconsider Procedural Schedule. On January 30, 2023, staff filed its Resistance to Motion to Reconsider Procedural Schedule. On February 1, 2023, The Ethanol Plants’ filed a Joinder to Motion for Definitive Date for Final Decision and Order.
TODAY, shall the Commission grant Applicant’s Motion to Reconsider Procedural Schedule? AND shall the Commission grant Applicant’s Motion for a Definitive Date for Final Decision and Order? 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. The PUC office will be closed Monday, February 20, 2023, in observance of Presidents Day.
2. 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.
3. The next regular commission meeting will be Tuesday, February 28, 2023, at 1:30 p.m. CST in the Floyd Matthew Training Center in the Foss Building, 523 E. Capitol Avenue, Pierre, South Dakota.
4. Commission meetings are scheduled March 14 and 28, 2023
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
February 2, 2023
