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South Dakota Public Utilities Commission Meeting
February 1, 2022, at 1:30 P.M. CST
Matthew Training Center, Foss Building
Pierre, South Dakota

MINUTES OF COMMISSION HEARING

Commissioner Chris Nelson called the meeting to order. Present were Commissioners: Kristie Fiegen and Gary Hanson; Commission Attorneys: Karen Cremer and Adam de Hueck; Staff Attorneys: Amanda Reiss and Kristen Edwards, Staff Analyst: Eric Paulson; Grain Warehouse: Cody Chambliss and Paul Kenefick-Aschoff; Consumer Affairs Staff: Deb Gregg and Vicky Burns; Staff: Juli Hedrick.

Joining the meeting by telephone were Commission Advisor: Greg Rislov; Staff Analyst: Joseph Rezac; Todd Brink and Jason Keil, Black Hills Power Inc. dba Black Hills Energy; Dallas and Peggy Langley, Dallas Langley Trucking.

Administration

1.      Approval of the Minutes of the Commission Meeting Held on January 18, 2022 (Staff: Janeth Merriman)

         Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on January 18, 2022. Motion carried 3-0.

Consumer Reports

1.     Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

        The Commission received a total of 71 contacts since the last report was prepared for the January 18, 2022, Commission meeting.

        Eight contacts were related to telecommunications services, 12 contacts were related to electric services, 14 contacts were related to natural gas services, one contact was related to gas and electric services, nine contacts were related to wireless services, eight contacts were related to the Do Not Call Registry, three contacts were related to wind energy, seven contacts were related to carbon pipelines, two contacts were referred to One Call and seven contacts were related to issues not regulated by the PUC.

        1,933 of the 1,933 contacts received in 2021 have been resolved. 

        105 of the 115 contacts received in 2022 have been resolved.

Electric

1.      EL19-006   In the Matter of the Application of Black Hills Power Inc. dba Black Hills Energy for a Facility Permit to Construct a 230 kV Transmission Line and Associated Facilities in Pennington County (Staff Analysts: Eric Paulson, Joseph Rezac; Staff Attorney: Kristen Edwards)

Mr. Jason Keil, Black Hills Power Inc. dba Black Hills Energy (BHE), requested the Commission grant BHE’s Motion for Release of Indemnity Bond. Mr. Eric Paulson, Staff Analyst, recommended the bond be released. Mr. Paulson stated that he had reached out to the effected local governments but had not received a formal response. Upon request from the Commission, the Parties agreed to obtain and file confirmation that the effected local governments agree that there is no outstanding damage to roads. 

         Commissioner Hanson moved to grant Black Hills Energy’s Motion for Release of Indemnity Bond. Motion carried 3-0.

Grain Warehouse

1.      GW21-003   In the Matter of the Grain Buyer Bond of Farmers Cooperative Elevator, Avon, South Dakota (Grain Warehouse Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)

Ms. Kristen Edwards, staff attorney, requested the Commission grant Staff’s Motion for Disbursement of Grain Buyer Bond.  Ms. Edwards stated that there was one producer eligible to receive payment from the bond and that all parties were notified of Staff’s position.  No other parties or interested persons appeared. 

         Commissioner Fiegen moved to grant staff’s Motion for Disbursement of the Grain Buyer Bond and adopt staff’s recommendation for disbursement. Motion carried 3-0.

2.      GW21-007   In the Matter of the PUC Staff’s Complaint Against Dallas Langley Trucking For Violations of SDCL 49-45-1 (Grain Warehouse Manager: Cody Chambliss; Staff Attorney: Amanda Reiss)

Ms. Amanda Reiss, staff attorney, requested the Commission adopt the Stipulation between Staff and Dallas Langley Trucking and that the Commission impose a civil penalty of $5,000.  Mr. Dallas Langley, Dallas Langley Trucking, stated that he opposed the $5,000 fine. A lengthy discussion took place regarding the amount of the fine. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, February 1, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc02012022.mp3

         Commissioner Hanson moved to approve the Stipulation and assess a penalty of $5,000 against Dallas Langley Trucking. Motion carried 3-0.

3.      GW22-001   In the Matter of Dallas Langley Trucking’s Application for a Grain Buyer License (Grain Warehouse Manager: Cody Chambliss; Staff Attorney: Amanda Reiss)

Ms. Amanda Reiss, staff attorney, stated that Dallas Langley has requested to withdraw its request for a hearing in this matter. Ms. Reiss asked the Commission to dismiss and close docket GW22-001.

         Commissioner Nelson moved to dismiss and close docket GW22-001. Motion carried 3-0.

There being no further business, at the hour of 2:13 p.m., the South Dakota Public Utilities Commission meeting adjourned.

/s/ Janeth A. Merriman                 .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
February 1, 2022