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South Dakota Public Utilities Commission Meeting
September 6, 2023, at 9:30 A.M. CDT
Room 414, 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 Tuesday, September 5, 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 August 15, 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 TC23-035 and TC23-038
TC23-035 In the Matter of the Request of Qwest Corporation dba CenturyLink QC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 395145) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
On June 30, 2023, the Commission received an application from Quest Corporation dba CenturyLink QC (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 August 3, 2023, the Company responded to staff’s data request. This docket was deferred at the August 29, 2023, Commission meeting.
TC23-038 In the Matter of the Request of Clarity Telecom, LLC dba Bluepeak Fiber for Certification Regarding Its Use of Federal Universal Service Support (Study Area: ILEC–391652 and CLEC–399006) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
On June 30, 2023, the Commission received an application from Clarity Telecom, LLC dba Bluepeak Fiber (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 August 10, 2023, the Company responded to staff’s data request. This docket was deferred at the August 29, 2023, Commission meeting.
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. TC23-041 In the Matter of the Petition of TERRACOM INC. dba Maxsip Tel 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: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On August 4, 2023, TERRACOM INC. dba Maxsip Tel (TERRACOM) filed a Petition for Designation as an Eligible Telecommunications Carrier (ETC) in the State of South Dakota. TERRACOM is seeking ETC designation for the limited purpose of providing Lifeline service to qualifying customers. On August 10, 2023, the South Dakota Telecommunications Association filed a Petition to Intervene.
TODAY, shall the Commission grant South Dakota Telecommunications Association’s Petition to Intervene? OR how shall the Commission proceed?
3. TC23-042 In the Matter of the Filing of Metropolitan Telecommunications of South Dakota, Inc. dba MetTel South Dakota for Approval of Revisions to its Access Services Tariff No. 3 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On August 15, 2023, the Commission received a filing by Metropolitan Telecommunications of South Dakota, Inc. dba MetTel South Dakota (MetTel) for approval of revisions to its Access Services Tariff No. 3. The purpose of this filing is to revise all switched access rates to zero. On August 17, 2023, MetTel filed revised tariff pages with an effective date of July 1, 2023.
TODAY, shall the Commission approve the requested tariff changes effective
July 1, 2023?
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. Parties have filed prefiled testimony pursuant to the procedural schedule. On August 21, 2023, Applicant filed a Motion for Order Preempting County Ordinances (Motion for Preemption) seeking the Commission exercise its preemption authority pursuant to SDCL 49-41B-28. On August 28, 2023, staff filed a Motion For a Time Certain For Evidence on the Issue of County Preemption. In the Motion, staff stated they would not object to late intervention of any counties who are not currently parties to the docket who are affected by the Motion for Preemption. Also on August 28, 2023, Pente Farms, LLC filed a request to withdraw as an intervenor.
TODAY, shall the Commission grant Pente Farms, LLC’s Request to Withdraw as an Intervenor? AND shall the Commission grant late or limited intervention to any county that may have filed in response to the Motion for Preemption? 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 June 26, 2023, Applicant filed a Motion to Preempt County Ordinances Under SDCL 49-41B-28. On June 9, 2023, the Commission issued an Order for and Notice of Evidentiary Hearing. The evidentiary hearing was held in three sessions with the first beginning on July 25, 2023, and ending on August 5, 2023; the second session was held on August 8, 2023; and the third session (county preemption) was held August 24-25, 2023. At the conclusion of the second session of the evidentiary hearing, a briefing schedule and decision date of September 6, 2023, was set by the Commission.
TODAY, shall the Commission grant 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? AND shall the Commission preempt county ordinances as requested? 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, September 4, 2023, in observance of the Labor Day holiday.
2. An evidentiary hearing for docket HP22-001 - In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct A Carbon Dioxide Transmission Pipeline will be held at the Casey Tibbs South Dakota Rodeo Center, 210 Verendrye Drive, Fort Pierre, South Dakota on
Monday, September 11 – Saturday, September 16, 2023;
Monday, September 18 – Thursday, September 21, 2023; and
Monday, September 25 – Wednesday, September 27, 2023.
The first day will begin promptly at 9:00 a.m. CDT.
3. The next regular commission meeting will be Friday, September 22, 2023, at 10:00 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
4. The PUC office will be closed Monday, October 9, 2023, in observance of the Native American Day holiday.
5. Commission meetings are scheduled for October 10 and 24, 2023.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 30, 2023
