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South Dakota Public Utilities Commission Meeting
April 10, 2019, at 12:15 p.m. CDT
Teleconference with public access at Room 413, Capitol Building

Pierre, South Dakota


Commission Advisor: Greg Rislov; Staff Attorney: Kristen Edwards; and Staff: Leah Mohr.

Joining the meeting by telephone were:
Chairman Commissioner Gary Hanson called the meeting to order. Commissioners: Chris Nelson and Kristie Fiegen; Commission Attorney: Karen Cremer; Staff Attorney: Amanda Reiss; Staff Analysts: Darren Kearney and Jon Thurber; Court Reporter: Cheri Whittler; Lisa Agrimonti, Fredrikson & Byron, P.A., representing Deuel Harvest Wind Energy, LLC; Michael Svedeman, Invenergy LLC; Tom Welk, Boyce Law Firm, LLP, representing Otter Tail Power Company; Kristian Dahl, Otter Tail Power Company; Garrett Homan, self; Christina Kilby, self; and John Homan, self.


1.     EL18-053     In the Matter of the Application of Deuel Harvest Wind Energy LLC for a Permit of a Wind Energy Facility and a 345-kV Transmission Line in Deuel County (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)

A lengthy discussion took place regarding docket EL18-053. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2019, April 10, 2019, recording located at: .

     Commissioner Fiegen moved to grant Christina Kilby’s Motion to Allow Robert Rand to Appear Telephonically and to grant Garrett Homan’s Motion to Allow Kevin Elwood to Appear Telephonically. Motion carried 3-0.

     Commissioner Nelson moved to grant the Applicant’s Motion to Exclude Testimony Related to Local Land Use Decisions as it relates to the invalidated Special Exception Permit of Deuel Harvest. Motion carried 3-0.

     Commissioner Nelson moved to exclude Kilby’s Exhibit 1 as listed in Applicant’s Motion to Exclude Portions of Testimony and/or Exhibits of Intervenors. Motion carried 3-0.

Commissioner Fiegen moved to grant Applicant’s Motion to Exclude Portions of Testimony and/or Exhibits of Intervenors as defined in Staff’s 04/04/19 response,, listed in the conclusion on pages 6-7 with the addition of Kilby Exhibit R3. Motion carried 3-0.

     Commissioner Nelson moved a new main motion to exclude Garrett Homan Exhibit G and Heath Stone Exhibit 2 as listed in Applicant’s Motion to Exclude Portions of Testimony and/or Exhibits of Intervenors. 
Motion failed 1-2.
Commissioner Hanson moved to grant Kilby’s Motion to Compel 1-7 to the extent that Deuel Harvest shall provide the information, as modified by Ms. Kilby to only those communications that have occurred since the previous disclosure; grant 1-54 for 5 years; grant 1-59 to be modified to logged or recorded complaints; grant the remainder of the Motion to Compel.

     Commissioner Nelson moved to amend the main motion to deny Kilby’s Motion to Compel 1-45. Amendment carried 3-0.  Main motion as amended carried 3-0.
Commissioner Nelson moved that Deuel Harvest shall provide the above-referenced information by 12:00 p.m., CDT, on Friday, April 12, 2019. Motion carried 3-0.

     Commissioner Fiegen moved to allow the John Homan subpoenaed witnesses to testify only for impeachment or rebuttal purposes. Motion carried 3-0.

There being no further business, at the hour of 2:35 p.m., the South Dakota Public Utilities Commission meeting adjourned.

/s/Joy Lashley     .
Joy Lashley
Administrative Specialist
PUC Email
April 10, 2019