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South Dakota Public Utilities Commission Meeting
July 20, 2023, at 1:00 P.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 10:00 a.m. CDT on Thursday, July 20, 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.


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 July 14, 2023, the Commission received Intervening Landowners’ Motion for Remote Testimony (Motion for Remote Testimony) filed on behalf of Intervenors represented by attorney Brian Jorde. The Motion for Remote Testimony requests the Commission issue an order permitting certain witnesses to testify remotely, permitting witness Dr. John Abraham to testify on a date certain, and permitting landowner witnesses to testify remotely or by sworn affidavit, or in the alternative to establish a date certain for witness testimony. On July 17, 2023, the Commission received a Motion for Time Certain for the testimony of witnesses Nathaniel Runke and Randall Harris. The Commission may address other prehearing procedural matters at this time.

         TODAY, shall the Commission grant the Motion for Remote Testimony? AND shall the Commission grant a date certain for testifying for those witnesses for whom such a request has been made? OR how shall the Commission proceed?

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.


/s/Cindy Kemnitz                                                                     .
Cindy Kemnitz
Finance Manager
July 17, 2023