Consumer Assistance | Energy | Telecom | Warehouse | Commission Actions | Miscellaneous

arrow Commission Minutes| previous page

South Dakota Public Utilities Commission Meeting
November 30, 2015, at 1:30 p.m. CST
Room 413, Capitol Building
Pierre, South Dakota


Chairman Chris Nelson called the meeting to order. Commissioner: Gary Hanson; Acting Commissioner: Rich Sattgast; Commission Counsel: Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys: Karen Cremer, Adam de Hueck, and Kristen Edwards; Staff Analysts: Brian Rounds and Darren Kearney; and Staff: Katlyn Gustafson.

Also present were:
Cheri McComsey Wittler, Court Reporter; Margo Northrup, Riter, Rogers, Wattier & Northrup LLP, representing South Dakota Association of Rural Water Systems, Inc.; Brett Koenecke and Kara Semmler, May, Adam, Gerdes and Thompson, LLP, representing Dakota Access, LLP; Bob Mercer, reporter; James Nord, Associated Press; and Joey Mahmoud, Stephen Veatch, Keegan Pieper, Vicki Granados, and Steven Cardella, Dakota Access, LLC.

Joining the meeting by telephone were:
Tom and Nancy Stofferahn, self; Linda Nichols, self; Jennifer Baker and Thomasina Real Bird, Fredericks Peebles & Morgan LLP, representing Yankton Sioux Tribe; Matt Rappold, Rappold Law Office, representing Rosebud Sioux Tribe Sicangu Oyate Land Office and Rosebud Sioux Tribe Sicangu Lakota Treaty Office.

Hydrocarbon Pipeline

1.      HP14-002        In the Matter of the Application of Dakota Access, LLC for an Energy Facility Permit to Construct the Dakota Access Pipeline (Staff Analysts: Brian Rounds, Darren Kearney; Staff Attorneys: Kristen Edwards, Karen Cremer)

A lengthy discussion took place regarding docket HP14-002. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2015, November 30, 2015, recording located at:

     Commissioner Nelson moved to grant the permit with the conditions provided as Exhibit A to DAPL’s Reply Brief.

     Commissioner Nelson moved to amend the permit conditions to read as described in Commissioner Nelson’s Draft Amendment to the Proposed Conditions accessible at: with the word “approve” in 16B(a) changed to “approved” and the inclusion of the two amendments to 16B as requested by Dakota Access. Motion carried 3-0.

     Commissioner Nelson moved to amend the previously amended conditions as described in Commissioner Nelson’s Additional Draft Amendments to the Proposed Conditions accessible at: with the exception of the last paragraph on organic farming. Motion carried 3-0.

     Commissioner Hanson moved a substitute motion to deny the permit.  Motion failed 1-2.

     Motion carried as amended 2-1. Commissioner Hanson dissenting.

     Commissioner Nelson moved to grant City of Sioux Falls and Dakota Access, LLC's Joint Motion regarding Stipulated Finding of Fact, Conditions, and Exhibits filed on October 2, 2015.  Motion carried 3-0. 

There being no further business, at the hour of 3:59 p.m. the South Dakota Public Utilities Commission meeting adjourned.

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
November 30, 2015