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South Dakota Public Utilities Commission Meeting
April 27, 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 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.


Consumer Reports

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


1.      AA23-001       Establishment of the Gross Receipts Tax Levy for Fiscal Year 2024 (Finance Manager: Cindy Kemnitz, Staff Attorney: Kristen Edwards)

         SDCL Chapter 49-1A establishes the South Dakota Public Utilities Commission Gross Receipts Tax Fund (Fund). This Fund is financed by assessing a tax on the annual intrastate gross receipts received by a utility. The Fund is used by the Commission to defray regulatory expenses related to the regulation of telecommunications, electricity, and natural gas. On April 1 of each year, all utilities and telecommunications companies doing business in South Dakota shall file with the Commission, on forms provided by the Commission, the amount of its gross receipts derived from customers within South Dakota during the preceding calendar year pursuant to SDCL 49-1A-4. The report shall be sworn to and verified by an officer of the company. The Commission shall, by order, establish the rate and assess the tax authorized in SDCL 49-1A-3 which, together with any funds remaining from the current fiscal year and the $250 minimum gross receipt tax, will fund the Commission’s budget for the next fiscal year and provide a contingency reserve in an amount not to exceed the prior year’s budget. In accordance with SDCL 49-1A-5, the tax is due and payable on July 15 of each year. On March 16, 2023, staff filed a letter requesting a docket be opened in this matter.

         TODAY, shall the Commission establish the rate and assess the Gross Receipts Tax as authorized in SDCL 49-1A-3?


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. The Commission has issued a procedural schedule in this matter setting an evidentiary hearing for October 11-12, 2023. On April 11, 2023, Crowned Ridge filed a Motion for Protective Order, seeking a Commission order for the purpose of protecting confidential information exchanged in the discovery process. 

         TODAY, shall the Commission grant the Motion for Protective Order? Or how shall the Commission proceed?

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 April 18, 2023, the Commission received an Application for Party Status from Valero Renewable Fuels Company, LLC.

         TODAY, shall the Commission grant late-filed party status to Valero Renewable Fuels Company, LLC?

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.   An evidentiary hearing for docket GW23-001 - In the Matter of PUC Staff’s Complaint Against Banghart Properties, LLC, Gettysburg, South Dakota, will be held April 27, 2023, beginning at 1:00 p.m. CDT, in Room 413 at the State Capitol Building, Pierre, South Dakota.

2.   The next regular commission meeting will be Tuesday, May 9, 2023, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.

3.   Commissioners will attend the Missouri River Energy Services Annual Meeting, May 10-11, 2023, at the Sioux Falls Convention Center, Sioux Falls, South Dakota.

4.   Commission meetings are scheduled May 23 and June 6, 2023.


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