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South Dakota Public Utilities Commission Meeting
January 28, 2025, at 1:30 P.M. CST
Matthew Training Center, Foss 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. CST on Monday, January 28, 2025, 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
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Electric
1. EL24-015 In the Matter of the Application by Otter Tail Power Company and Western Minnesota Municipal Power Agency for a Facility Permit for a 345-kV Transmission Facility and Associated Facilities in Grant County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
On April 15, 2024, the Commission received a facility permit application (Application) from Otter Tail Power Company (Otter Tail) and Western Minnesota Municipal Power Agency (Western Minnesota), through its agent, Missouri River Energy Services (MRES) (collectively, Applicants). Applicants propose to construct a 345-kilovolt (kV) transmission line and associated facilities including substation upgrades (Project) within South Dakota. The Project, known as the Big Stone South to Alexandria Transmission Line Project, originates at Otter Tail’s existing Big Stone South Substation, located approximately 2 miles west of Big Stone City, South Dakota, in Big Stone Township and connects to a substation near Alexandria, Minnesota. The South Dakota portion of the Project consists of approximately 3.5 miles of transmission line beginning in Section 24, Township 121N, Range 47W, Grant County, South Dakota, extending east and south to the Minnesota border. Applicants anticipate construction to commence in 2027 or 2028 and be completed in either 2030 or 2031. On June 17, 2024, the Commission granted Party status to Daniel and Tamra Jurgens (Jurgens). On December 5, 2024, the Applicants and Jurgens filed a Joint Motion for Approval of Settlement Stipulation. On December 18, 2024, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation Between Applicants and Intervenors; Order Granting Withdrawal of Party Status of Daniel and Tamra Jurgens. On January 15, 2025, Applicants and staff filed a Joint Motion for Approval of Settlement Stipulation.
TODAY, shall the Commission grant the Joint Motion for Approval of Settlement Stipulation? AND shall the Commission grant a permit to construct a 345-kilovolt (kV) transmission line and associated facilities including substation upgrades within South Dakota? OR how shall the Commission proceed?
2. EL24-027 In the Matter of the Petition by Leola Data Center LLC to have Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., Assigned as its Electric Provider in the Service Area of FEM Electric Association Inc. (Staff Analyst: Patrick Steffensen; Staff Attorneys: Logan Schaefbauer, Amanda Reiss, Jennie Fuerst)
On August 5, 2024, Leola Data Center, LLC (Leola) filed a Petition for Electric Service to have Montana-Dakota Utilities Co. (MDU), Assigned as its Electric Provider in the Service Area of FEM Electric Association Inc. (Petition). The Petition asks the Commission for an order pursuant to SDCL 49-34A-56 that allows Leola to take electric service from MDU for its proposed Data Center to be located adjacent to MDU’s Leola substation at 11641 358th Avenue, Leola, South Dakota. The location is currently within the assigned service area of FEM Electric Association Inc. (FEM). Under SDCL 49-34A-56, new customers at new locations that develop after March 21, 1975, and who require electric service with a contracted minimum demand of two thousand kilowatts or more are not obligated to take electric service from the electric utility having the assigned service area where the customer is located if the Commission so determines after consideration of certain factors set forth in statute. On August 29, 2024, the Commission granted intervention to MDU, FEM, Basin Electric Power Cooperative (Basin) and East River Electric Power Cooperative, Inc. (East River). On November 7, 2024, Leola filed a Motion for Summary Judgment. On December 4, 2024, the Commission issued a Notice of Hearing on Motion for Summary Judgment, setting a hearing on January 28, 2025, and requiring responsive pleadings be filed no later than 5:00 p.m. CST, January 9, 2025, and that a Petitioner reply be filed no later than 5:00 p.m. CST, January 17, 2025. On January 9, 2025, FEM, Basin and East River filed a Joint Opposition to Leola’s Motion for Summary Judgment, and staff filed its Brief in Response to Summary Judgment. On January 17, 2025, Leola filed its Reply in Support of Motion for Summary Judgment.
TODAY, shall the Commission grant the Motion for Summary Judgment? OR how shall the Commission proceed?
Hydrocarbon and Carbon Dioxide Pipelines
1. HP24-001 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 Attorneys: Kristen Edwards, Logan Schaefbauer)
On November 19, 2024, the Commission received an Application for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Application) from SCS Carbon Transport LLC (Summit or Applicant), a limited liability company owned by Summit Carbon Solutions, LLC. Applicant proposes to construct and operate a carbon dioxide (CO2) transmission pipeline (Project). The Project, which has been named the Midwest Carbon Express pipeline, is approximately 2,500 miles of pipelines for the transportation of CO2 from ethanol plants across five states to underground injection wells in North Dakota. The South Dakota portion of the Project, is approximately 698 miles, crossing 23 counties. The Commission held public input meetings on the Application at six locations in proximity to the route on January 15-17, 2025. Applications for Party Status must be filed by January 24, 2025. Applications for Party Status that have been filed in this docket can be viewed at https://puc.sd.gov/Dockets/HydrocarbonPipeline/2024/HP24-001PartyStatus.aspx. To date, the Commission has granted Party Status to approximately 154 persons. Pursuant to ARSD 20:10:01:15.04, a party may file an answer to a Party Status Application within 15 days of service or prior to the hearing, whichever is earlier. On January 28, 2025, the Commission will hear and consider all pending Party Status Applications filed on and before January 21, 2025. On January 2, 2025, staff filed a Proposal for Procedural Schedule. Staff amended its proposal on January 3, 2025. The Proposed Procedural Schedule, as amended, seeks to establish certain dates and deadlines, including the dates for the evidentiary hearing in this matter. The Commission thereafter issued a Notice of Motions Hearing providing notice to the service list that it would consider the Procedural Schedule at its regularly scheduled commission meeting on January 28, 2025. Attorney Brian Jorde filed a response to the Proposed Procedural Schedule, including a request for approval to present remote testimony at the evidentiary hearing.
TODAY, shall the Commission grant party status to those who have filed on or before January 21, 2025? AND shall the Commission issue a procedural schedule? AND shall the commission grant the request for remote testimony at the evidentiary hearing? 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 will host a Briefing for Legislators on Monday, January 27, 2025, at 4:00 p.m. CST in Room 414 at the State Capitol Building, Pierre, South Dakota. The agenda is to discuss current issues related to telecommunications, energy regulation and grain warehouses.
2. The PUC will host an Open House for Legislators on Tuesday, January 28, 2025, 7:30-11:00 a.m. CST in the PUC office, first floor of the State Capitol Building, Pierre, South Dakota.
3. The next regular commission meeting will be Tuesday, February 11, 2025, at 1:30 p.m. CST in the Library Commons, Mackay Building, 800 Governors Drive, Pierre, South Dakota.
4. The PUC office will be closed Monday, February 17, 2025, in observance of Presidents Day.
5. PUC commissioners and staff will meet with consumers at the Sioux Empire Home Show, February 21-23, 2025, at the Sioux Falls Convention Center & Arena, Sioux Falls, South Dakota.
6. Commission meetings are scheduled for February 28 and March 11, 2025.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
January 22, 2025
