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South Dakota Public Utilities Commission Meeting
July 10, 2018, at 1:30 p.m. CDT
Room 414, Capitol Building
Pierre, South Dakota
MINUTES OF THE AD HOC COMMISSION MEETING
Chairperson Kristie Fiegen called the meeting to order. Present were: Commissioners: Gary Hanson and Chris Nelson; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Darren Kearney and Jon Thurber; and Staff: Joy Lashley.
Present were:
Mollie Smith, Fredrikson & Byron, P.A., representing Dakota Range I, LLC and Dakota Range II, LLC; Steve Kolbeck, Northern States Power Company dba Xcel Energy; Bob Mercer, newspaper reporter; Teresa Kaaz, self; Kristi Mogen, self; and Brenna Gunderson, Dakota Range I, LLC and Dakota Range II, LLC.
Joining the meeting by telephone were:
Lisa Agrimonti, Fredrikson & Byron, P.A., representing Dakota Range I, LLC and Dakota Range II, LLC.
Electric
1. EL18-003 In the Matter of the Application by Dakota Range I, LLC and Dakota Range II, LLC for a Permit of a Wind Energy Facility in Grant County and Codington County, South Dakota, for the Dakota Range Wind Project (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
A lengthy discussion took place for docket EL18-003. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2018, July 10, 2018, recording located at: http://puc.sd.gov/commission/media/2018/puc07102018pm.mp3.
Commissioner Hanson moved to grant the permit with conditions as recommended in the attachment to Applicant’s post-hearing brief.
Commissioner Nelson moved to amend the recommended conditions as detailed in Amendments Proposed by Commissioner Nelson to Applicants’ Recommended Permit Conditions. At the same time Commissioner Nelson moved to amend the main motion to amend Condition 4 to require Applicant to provide each landowner in the project footprint the information required to be provided by Condition 4.
Commissioner Nelson accepted a friendly amendment from Commissioner Fiegen to Condition 11 to require Applicant notify the commission. Amendment passed 3-0.
Commissioner Fiegen moved to remove the word reasonable from proposed condition 28. Amendment carries 3-0.
Commissioner Hanson moved to amend the amended conditions to add a subpart seven to proposed condition 2 to state “and evidence presented by the Applicant during the evidentiary hearing” as a separate subsection to the condition. Amendment carries 3-0.
Commissioner Hanson moved to amend recommended permit condition 34 to require two years of independently conducted post-construction avian mortality studies. Amendment carries 3-0.
Commissioner Hanson moved to amend condition 22 to replace 325 feet with 250 feet for turbine shifts absent commission approval. Amendment carries 2-1 with Commissioner Nelson dissenting.
The main motion to grant the permit subject to the conditions as amended passed 3-0.
There being no further business, at the hour of 3:17 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
July 10, 2018
