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South Dakota Public Utilities Commission Meeting
April 13, 2023, 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 Wednesday, April 12, 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 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 March 28, 2023 (Deputy Executive Director: Leah Mohr)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Hydrocarbon and Carbon Dioxide Pipeline
1. 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). The Commission has established a procedural schedule with an evidentiary hearing to commence September 11, 2023, and has established November 15, 2023, as the deadline for a final decision in this docket. On March 20, 2023, staff filed a Motion for Ten-Day Discovery Response Deadline.
TODAY, shall the Commission grant Staff’s Motion for Ten-Day Discovery Response Deadline? OR how shall the Commission proceed?
2. 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 March 29, 2023, the Commission received a request to withdraw as intervenors from Irma Pick, Bruce Pick, and Peggy Anderson.
TODAY, shall the Commission grant Irma Pick, Bruce Pick, and Peggy Anderson’s request to withdraw?
Telecommunications
1. TC23-005 In the Matter of the Petition of GO MD USA LLC, dba GO MD USA Mobile for Designation as an Eligible Telecommunications Carrier in the State of South Dakota for the Limited Purpose of Providing Lifeline Service to Qualifying Customers (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On March 20, 2023, the Commission received a Petition by GO MD USA LLC dba GO MD USA Mobile (GO MD) for Designation as an Eligible Telecommunications Carrier (ETC) in the State of South Dakota. GO MD is seeking statewide ETC designation for limited purpose of providing Lifeline services to qualifying customers. On March 21, 2023, South Dakota Telecommunications Association filed a Petition to Intervene.
TODAY, shall the Commission grant South Dakota Telecommunications Association’s Petition to Intervene?
2. TC23-006 In the Matter of the Petition of Dish Wireless LLC, dba Gen Mobile for Designation as an Eligible Telecommunications Carrier in the State of South Dakota for the Limited Purpose of Providing Lifeline Service to Qualifying Customers (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On March 29, 2023, Dish Wireless LLC, dba Gen Mobile (Gen Mobile) filed a Petition for Designation as an Eligible Telecommunications Carrier (ETC) in the State of South Dakota. Gen Mobile is seeking statewide ETC designation for the limited purpose of providing Lifeline service to qualifying customers. On March 30, 2023, the South Dakota Telecommunications Association filed a Petition to Intervene.
TODAY, shall the Commission grant South Dakota Telecommunications Association’s Petition to Intervene?
Complaint
1. 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. On December 27, 2022, the Commission issued an Order Excluding Attachments; Order Denying Motion to Dismiss Formal Complaint. On April 3, 2023, the Commission issued an Order Granting Request for Proposed Procedural Schedule; Order Granting Extension of Time to Respond; Order Granting Motion to Require Prefiled Testimony. The Commission also directed the commission counsel to work with the parties to establish a procedural schedule and update the Commission at the next meeting.
TODAY, how shall the Commission proceed?
Electric
1. EL18-046 In the Matter of the Application of Dakota Range III, LLC for a Permit of a Wind Energy Facility and a 345-kV Transmission Line in Grant and Roberts Counties (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On October 26, 2018, Dakota Range III, LLC (Dakota Range III) filed an application to construct an approximately 8-mile 345-kilovolt interconnection transmission line and an up-to 151.2-megawatt wind energy conversion facility (Project). The Project will be in Grant County and Roberts County, South Dakota, with the wind portion in an 18,717-acre area. The transmission line will run from the Project’s substation located in section 13 of Blooming Valley Township, outside the public right of way along 455th Avenue, turning east on Farmington Township’s 150th Street to Otter Tail Power Company’s switchyard located in section 14 of Mazeppa Township. The Project is expected to have a total of up to 42 wind turbines and associated facilities. On February 22, 2019, the Commission issued an Order Granting Joint Motion of Approval of Settlement Stipulation and Granting Permits to Construct Facilities (Permit). On April 2, 2020, Dakota Range III filed a South Dakota Energy Facility Permit Act Bond. On July 28, 2021, Dakota Range III filed a Letter Regarding Condition No. 30 and Summary Memorandum, as required 90 days after the commercial operation date. On February 21, 2023, Dakota Range III filed a Letter regarding Condition No. 8h, a Motion for Release of Road and Public Infrastructure Bond and Certificates of Completion.
TODAY, shall the Commission grant Dakota Range III’s Motion for Release of Road and Public Infrastructure Bond?
2. EL23-004 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of Its 2022 Economic Development Report and 2023 Economic Development Plan (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On February 28, 2023, the Commission received an application from Black Hills Power, Inc. dba Black Hills Energy (BHE) requesting approval of its 2022 Economic Development Report and its 2023 Economic Development Plan and Budget. BHE makes this filing in compliance with the settlement stipulation approved in Docket EL14-026. BHE provides actual economic development expenses for 2022 and information regarding the memberships, community sponsorships, and other activities the program supports as well as the 2023 budget and planned economic development activities for the year.
TODAY, shall the Commission approve Black Hills Power, Inc. dba Black Hills Energy’s 2022 Economic Development Report and its 2023 Economic Development Plan?
3. EL23-005 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Transmission Cost Recovery Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On March 1, 2023, Montana-Dakota Utilities Co. (MDU) filed for approval of its annual update to its Transmission Cost Recovery (TCR) Rider. MDU states the proposed tariff change is necessary to reflect the projected 2023 charges assessed to MDU for transmission-related services provided by the Midcontinent Independent System Operator and Southwest Power Pool along with the projected revenues and/or credits received by MDU for transmission-related services. In addition, MDU is including the projected 2023 revenue requirements for five previous approved transmission in its projected 2023 TCR update. MDU proposes a TCR Rider rate of $0.01632 per kWh to be effective May 1, 2023, which is a decrease of $0.00102 per kWh from that currently authorized.
TODAY, shall the Commission approve the revised Transmission Cost Recovery Rider rate and revised tariff sheet with an effective date of May 1, 2023?
4. EL23-006 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On March 1, 2023, the Commission received a petition from Montana-Dakota Utilities Co. (MDU) for approval of the annual update to its Infrastructure Rider Rate, pursuant to the terms of the Company’s Infrastructure Rider Rate 56 tariff. MDU proposes an Infrastructure Rider rate of $0.00523 per kWh for the rate period covered by this filing, which is a decrease of $0.00123 per kWh from that currently authorized. Under the Infrastructure Rider Rate 56 tariff, MDU shall update the Infrastructure Rider annually to be effective each May 1.
TODAY, shall the Commission approve the revised Infrastructure Rider rate and revised tariff sheet with an effective date of May 1, 2023?
5. EL23-007 In the Matter of the Joint Request for an Electric Service Territory Boundary Change between Northern States Power Company dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On March 14, 2023, the Commission received a Service Territory Exchange Agreement (Agreement) between Northern States Power Company dba Xcel Energy (Xcel) and Sioux Valley Southwestern Electric Cooperative (Sioux Valley). The Agreement amends the existing electric service territory boundary that was approved by the Commission in docket EL21-006. Specifically, Xcel and Sioux Valley agreed to exchange service territory between the utilities in Section 12 of Township 101N Range 49W in Minnehaha County, South Dakota.
TODAY, shall the Commission approve the Service Territory Exchange Agreement?
6. EL23-008 In the Matter of the Filing of Northern States Power Company dba Xcel Energy for Approval of Its 2022 Economic Development Activities and 2023 Budget (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On March 15, 2023, Northern States Power Company dba Xcel Energy (Xcel) filed for approval of its 2022 Economic Development Annual Report and 2023 Economic Development Budget. The filing includes Xcel’s report on the 2022 budgeted and actual economic development expenses and provides documentation of the actual expenses incurred. The filing also details a proposed economic development budget for 2023.
TODAY, shall the Commission approve Xcel Energy’s 2022 Economic Development Report and its 2023 Economic Development Budget?
7. EL23-009 In the Matter of the Request by Lloyd Companies for a Variance from the Individual Metering Requirement in ARSD 20:10:26:03 for The Grove at Ellis Crossing in Sioux Falls (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
On March 23, 2023, the Commission received an application from Lloyd Companies for a variance from the individual metering requirements set forth in ARSD 20:10:26:03 for The Grove at Ellis Crossing located at 8600 W. 41st Street in Sioux Falls, South Dakota. Lloyd Companies states that the requirement for individual metering would create significant operational and administrative burdens, would require unnecessary equipment costs, and result in project delivery delays. On March 27, 2023, staff sent notice of the variance application to Xcel Energy and MidAmerican Energy Company. On April 4, 2023, staff filed a Letter Regarding Analysis of the ARSD 20:10:26:04(6) Individual Metering Exception.
TODAY, shall the Commission grant the variance from the individual metering requirements set forth in ARSD 20:10:26:03? OR how shall the Commission proceed?
8. EL23-010 In the Matter of the Request by Lloyd Companies for a Variance from the Individual Metering Requirement in ARSD 20:10:26:03 for Jefferson Village Apartments II in Sioux Falls (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
On March 23, 2023, the Commission received an application from Lloyd Companies for a variance from the individual metering requirements set forth in ARSD 20:10:26:03 for Jefferson Village Apartments II located at 4113 W. Innovation Street in Sioux Falls, South Dakota. Lloyd Companies states that the requirement for individual metering would create significant operational and administrative burdens, would require unnecessary equipment costs, and result in project delivery delays. On March 27, 2023, staff sent notice of the variance application to Xcel Energy and MidAmerican Energy Company. On April 4, 2023, staff filed a Letter Regarding Analysis of the ARSD 20:10:26:04(6) Individual Metering Exception.
TODAY, shall the Commission grant the variance from the individual metering requirements set forth in ARSD 20:10:26:03? OR how shall the Commission proceed?
Natural Gas
1. NG06-001 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac, Staff Attorney: Amanda Reiss)
On January 31, 2006, the Commission received an application by MidAmerican Energy Company for approval of tariff revisions that proposed to base interruptible sales service gas costs on the daily market price of gas as opposed to monthly average system prices previously used. On March 16, 2006, the Commission issued an order approving the tariffs with the condition that MidAmerican provide a report to the Commission every six months comparing PGA recoveries and volumes of consumption for interruptible customers under daily pricing to the methodology previously used.
TODAY, shall the Commission release MidAmerican Energy Company from the biannual reporting requirement?
2. NG23-009 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with POET Biorefining - Groton, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On March 16, 2023, NorthWestern Corporation dba NorthWestern Energy filed for approval of a contract with deviations with POET Biorefining – Groton, LLC (Customer). The Customer’s current contract with deviations for natural gas transportation service expires April 30, 2023. The original contract with this Customer expired in 2018. At that time, a five-year renewal agreement was approved for service at a deviated rate through April 30, 2023.
TODAY, shall the Commission approve NorthWestern Energy’s contract with deviations with POET Biorefining – Groton, LLC and the associated tariff revisions with an effective date of May 1, 2023?
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 Friday, April 7 and Monday, April 10, 2023, in observance of Easter.
2. An evidentiary hearing for docket CT20-001 – In the Matter of the Complaint of Venture Communications Cooperative against New Cingular Wireless PCS, LLC dba AT&T Mobility will be held April 13-14, 2023, beginning at 1:00 p.m. CDT, April 13, in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. The next regular commission meeting will be Thursday, April 27, 2023, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
4. Commission meetings are scheduled May 9 and 23, 2023.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
April 6, 2023
