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South Dakota Public Utilities Commission Meeting
July 11, 2023, at 9:00 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 Monday, July 10, 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 June 20, 2023 (Deputy Executive Director: Leah Mohr)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC23-010, TC23-011 and TC23-014
TC23-010 In the Matter of the Request of City of Brookings Municipal Telephone for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391650) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
On June 1, 2023, the Commission received an application from Brookings Municipal Telephone (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company.
TC23-011 In the Matter of the Request of Santel Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391676) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
On June 1, 2023, the Commission received an application from Santel Communications Cooperative Inc. (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On June 28, 2023, the Company responded to staff’s data requests.
TC23-014 In the Matter of the Request of TrioTel Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: McCook 391669 and Tri-County Telecom 391682) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
On June 12, 2023, the Commission received an application from TrioTel Communications Inc. (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company.
TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets?
2. TC23-015 In the Matter of the Filing of Peerless Network of South Dakota, LLC for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On June 15, 2023, the Commission received a filing by Peerless Network of South Dakota, LLC for approval of revisions to its Access Service Tariff No 1. This filing proposes the next step in implementing the 8YY Access Service reductions mandated in the Federal Communications Commission’s October 9, 2020, Report and Order in WC Docket No. 18-156, FCC Release No. 20-143. Peerless request an effective date of August 2, 2023.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of August 2, 2023?
Electric
1. EL23-016 In the Matter of the Application of Northwestern Corporation dba NorthWestern Energy for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
On June 15, 2023, the Commission received an application by NorthWestern Corporation dba NorthWestern Energy (NorthWestern) for approval to increase rates for electric service to customers in its South Dakota service territory by approximately $30.9 million annually or approximately 16.32% based on NorthWestern’s 2022 historic test year. NorthWestern states a typical residential electric customer using 750 kWh per month would see an increase of $19.14 per month. The proposed changes may affect approximately 64,680 customers.
TODAY, shall the Commission suspend the imposition of the tariff for 180 days beyond June 15, 2023? AND shall the Commission assess a filing fee for actual expenses not to exceed $250,000? AND shall the Commission give the Executive Director authority to enter into necessary consulting contracts?
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. A hearing will be held on July 25 through August 5, 2023. On June 26, 2023, Navigator filed a Motion to Address Procedural Issues, a Motion to Limit or Exclude Certain Testimony, a Motion to Preempt County Ordinances § 49-41B-28 (Motion to Preempt), and a Motion for Prehearing Conference. No final action will be taken on Navigator’s Motion to Preempt. Discussion regarding procedure will be considered. On June 29, 2023, the Commission received a Motion for an Order Allowing Witness Mike Mikich to Appear at a Time Certain to Authenticate His Pre-Filed Testimony and to Submit to Cross-Examination (Motion for Time Certain).
TODAY, shall the Commission grant Navigator’s Motion to Address Procedural Issues? AND Shall the Commission grant Navigator’s Motion to Limit or Exclude Certain Testimony? AND Shall the Commission grant Navigator’s Motion for Prehearing Conference? AND Shall the Commission grant the Motion for Time Certain? OR how shall the Commission proceed?
Items for Commission Discussion
1. Commission Counsel schedule clarification and reminder for Navigator hearing
The procedural schedule set the hearing for HP22-002 for July 25 – August 3, 2023. Due to a prior commitment, the venue is not available on July 28-30 (Friday-Sunday), making a schedule adjustment necessary. Therefore, the hearing will recess at the end of the day on July 27 and reconvene on July 31 through August 5.
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. An evidentiary hearing for docket 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 will be held beginning at 9:00 a.m. CST, July 25, 2023, at the Casey Tibbs South Dakota Rodeo Center, 210 Verendrye Drive, Fort Pierre, South Dakota.
2. The next regular commission meeting will be Friday, July 28, 2023, at 10:00 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. Commission meetings are scheduled for August 15 and 29, 2023.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
July 5, 2023
