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South Dakota Public Utilities Commission Meeting
March 4, 2022, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF COMMISSION HEARING

Commissioner Chris Nelson called the meeting to order. Present were Commission Attorneys: Karen Cremer and Adam de Hueck; Staff Attorneys: Amanda Reiss and Kristen Edwards, Grain Warehouse Manager: Cody Chambliss; Consumer Affairs Staff: Deb Gregg; Staff: Juli Hedrick.

Present were: Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing North Bend Wind Project, LLC; Randy Brown.

Joining the meeting by telephone were Commissioners: Kristie Fiegen and Gary Hanson; Commission Advisor: Greg Rislov; Staff Analysts: Patrick Steffensen and Jon Thurber; Jim Malters, Malters, Shepherd & Von Holtum, representing Michael Bollweg, Judi Bollweg, Bollweg Family, LLLP and Tumbleweed Lodge; Michael Bollweg, individually, and on behalf of Bollweg Family, LLLP; Dave Prazak, Otter Tail Power Company; Tim Trooien.

Administration

1.      Approval of the Minutes of the Ad Hoc Commission Meeting Held on February 10, 2022, and the Commission Meeting Held on February 18, 2022 (Staff: Janeth Merriman)

         Commissioner Fiegen moved to approve the Minutes of the Ad Hoc Commission Meeting held on February 10, 2022, and the Commission Meeting Held on February 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 80 contacts since the last report was prepared for the February 18, 2022, Commission meeting.

Six contacts were related to telecommunications services, 23 contacts were related to electric services, five contacts were related to natural gas services, eight contacts were related to wireless services, five contacts were related to the Do Not Call Registry, one contact was related to wind energy, 17 contacts were related to carbon pipelines, one contact was related to the Dakota Access Pipeline and 14 contacts were related to issues not regulated by the PUC.

284 of the 300 contacts received in 2022 have been resolved.

Electric

1.      EL21-018    In the Matter of the Application by North Bend Wind Project, LLC for a Permit to Construct and Operate the North Bend Wind Project in Hyde County and Hughes County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)

        Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing North Bend Wind Project, LLC requested the Commission grant its Motion to Extend the Deadline (Motion). Mr. Jim Malters, Malters, Shepherd & Von Holtum, representing Michael Bollweg, Judi Bollweg, Bollweg Family, LLLP and Tumbleweed Lodge; Michael Bollweg, individually, and on behalf of Bollweg Family, LLLP objected to the Motion. Ms. Amanda Reiss, staff attorney had no objection to the Motion. A lengthy discussion took place for docket EL21-018. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, March 4, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc03042022.mp3

        Commissioner Nelson moved to grant the Motion to Extend Deadline and indefinitely postpone the scheduled hearing. Motion carried 3-0.

2.      EL21-033    In the Matter of Otter Tail Power Company’s Proposal for a Residential Time of Day Pilot Plan (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

        Mr. Dave Prazak, Otter Tail Power Company, requested the Commission remove the Residential Time of Day Pilot and approve the revised tariff sheets with an effective date of April 1, 2022. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the company ’s request.  

       Commissioner Nelson moved to grant Otter Tail Power Company’s request to remove the Residential Time of Day Pilot and approve the revised tariff sheets with an effective date of April 1, 2022. Motion carried 3-0.

Grain Warehouse

1.      GW21-004    In the Matter of the Grain Buyer Bond of Pipeline Foods, LLC (Grain Warehouse Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)

        Ms. Kristen Edwards, staff attorney, recommended the commission disburse the bond proceeds as set forth in Staff’s filing. Mr. Tim Trooein appeared on behalf of himself as a bond claimant.  A lengthy discussion took place for docket GW21-004. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, March 4, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc03042022.mp3

       Commissioner Fiegen moved to order disbursement of the proceeds of Pipeline’s grain buyer bond according to Staff’s Motion for Disbursement of Grain Buyer Bond, Option A. Motion carried 3-0.

There being no further business, at the hour of 10:41 a.m., the South Dakota Public Utilities Commission meeting adjourned.

/s/ Janeth A. Merriman         .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
March 4, 2022