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South Dakota Public Utilities Commission Meeting
September 21, 2018, at 9:00 a.m. CDT
Room 413, Capitol Building
Pierre, South Dakota


Commissioner Chris Nelson called the meeting to order. Present were: Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Darren Kearney and Jon Thurber; and Staff: Katlyn Gustafson.

Present were:
Bob Mercer, reporter; Karen Jenkins, landowner; and Mike Jenkins, landowner.

Joining the meeting by telephone were:
Commissioners: Kristie Fiegen and Gary Hanson; Mollie Smith, Fredrikson & Byron, P.A., representing Prevailing Wind Park, LLC; Joel Rische, Davenport, Evans, Hurwitz & Smith LLP, representing landowners; and Lisa Schoenfelder, landowner.


1.      EL18-026     In the Matter of the Application by Prevailing Wind Park, LLC for a Permit of a Wind Energy Facility in Bon Homme County, Charles Mix County and Hutchinson County, South Dakota, for the Prevailing Wind Park Project (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)

A lengthy discussion took place regarding pre-hearing motions in docket EL18-026, during which Prevailing Wind Park withdrew its motion for further disclosure by lay witnesses. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2018, September 21, 2018, recording located at:

Commissioner Hanson moved to grant the motion to have witnesses appear telephonically. Motion carried 2-1. Commissioner Nelson dissenting.

Commissioner Nelson moved to grant the motion to exclude lay testimony as it relates to the county zoning process.

Commissioner Fiegen moved a substitute motion to deny the motion to exclude lay testimony and to deny the motion to quash subpoenas. Motion carried 2-1. Commissioner Nelson dissenting.

There being no further business, at the hour of 9:47 a.m., the South Dakota Public Utilities Commission meeting adjourned.


/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
September 21, 2018