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South Dakota Public Utilities Commission Meeting
April 14, 2022, at 1:30 P.M. CDT
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; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Brittany Mehlhaff, Eric Paulson and Darren Kearney; Grain Warehouse: Cody Chambliss and Paul Kenefick-Aschoff; Staff: Leah Mohr.
Present were: Kara Semmler, representing South Dakota Telecommunications Association; Brett Koenecke and Cody Honeywell, representing SCS Carbon Transport LLC; Nathan Runke, representing International Union of Operating Engineers, Local 49; Darla Pollman Rogers, representing South Dakota Rural Electric Association and South Dakota Association of Rural Water Systems; Bill Van Camp, representing Ringneck Energy LLC, Glacial Lakes Energy LLC, Redfield Energy LLC, Dakota Ethanol LLC; Dewayne L. Siebrasse.
Joining the meeting by telephone were Commissioners: Kristie Fiegen and Gary Hanson; Acting Commissioner: Josh Haeder; Consumer Affairs Staff: Deb Gregg; Staff Finance Manager: Cindy Kemnitz; Staff Analyst: Jon Thurber; Mara Ascheman, Northern States Power Co. dba Xcel Energy; Kevin Solie and Casey Johnson, Basin Electric Power Cooperative; Lisa Carter, Crossroads Cooperative; Tom Jeffers, Crosby Guenzel LLP representing Crossroads Cooperative; Jeffrey Decker, NorthWestern Energy; Christopher Hill, SCS Carbon Transport LLC; Brian Jorde, Domina Law Group; Dan Prymek, Great Plains’ Laborers’ District Council; Austin Hoffman, McPherson County; Ross Aldentaler and Dennis Feickert, Brown County; Kurt Pfeifle and Jeremiah Corbin, South Dakota Association of Rural Water Systems; Joye Braun; Joyce Grenz and Ruby Ketterling, Ketterling Farm LLC; GayLynn Pitts-Hagemann, Hagemann Red Angus.
Administration
1. Approval of the Minutes of the Commission Meeting Held on March 29, 2022 (Staff: Janeth Merriman)
Commissioner Fiegen moved to approve the Minutes of the Commission Meetings held on March 29, 2022. Motion carried 2-0.
Consumer Reports
- Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 151 contacts since the last report was prepared for the March 29, 2022, Commission meeting.
Five contacts were related to telecommunications services, 24 contacts were related to electric services, five contacts were related to wireless services, three contacts were related to natural gas services, one contact was related to gas and electric services, nine contacts were related to the Do Not Call Registry, 84 contacts were related to carbon pipelines, five contacts were related to wind energy, one contact was referred to the PUC’s grain warehouse program, two contacts were referred to One Call and 14 contacts were related to issues not regulated by the PUC.
555 of the 564 contacts received in 2022 have been resolved.
Administration
1. AA22-001 Establishment of the Gross Receipts Tax Levy for Fiscal Year 2023 (Finance Manager: Cindy Kemnitz, Staff Attorney: Kristen Edwards)
Ms. Cindy Kemnitz, finance manager, requested the Commission establish the rate and assess the Gross Receipt Tax as authorized in SDCL 49-1A-3.
Commissioner Fiegen moved to establish the rate and assess the Gross Receipts Tax as authorized in SDCL 49-1A-3 of .0015 or $250, whichever amount is greater. Motion carried 3-0.
Telecommunications
1. TC22-007 In the Matter of SDTA’s Petition for Waiver of Filing Deadline for the Commission’s Annual USF Certification Process (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Ms. Kara Semmler, South Dakota Telecommunications Association, requested the Commission waive the filing deadline as found in ARSD 20:10:32:52 and establish a deadline of July 1, 2022, for annual eligible telecommunications carrier (ETC) certification filings. Ms. Kristen Edwards, staff attorney, recommended the Commission approve the waiver.
Commissioner Nelson moved to waive the filing deadline as found in ARSD 20:10:32:52 and establish a deadline of July 1, 2022, for annual ETC certification filings.Motion carried 3-0.
Electric
1. EL09-028 In the Matter of the Application by PrairieWinds SD1, Inc., a subsidiary of Basin Electric Power Cooperative, for a Wind Energy Facility Permit for the PrairieWinds SD1 Wind Farm and Associated Facilities (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorney: Amanda Reiss)
Ms. Casey Jacobson, Basin Electric Power Cooperative (Basin), requested the Commission grant Basin’s Motion to Approve Bond and Motion for Release of Road and Public Infrastructure Restoration Bond. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the requests. Chairman Nelson recused himself from voting.
Commissioner Hanson moved to grant Basin Electric Power Cooperative’s Motion to Approve Bond and Motion for Release of Road and Public Infrastructure Restoration Bond.Motion carried 2-0.
2. EL22-008 In the Matter of the Filing of Northern States Power Company dba Xcel Energy for Approval of Its 2021 Economic Development Activities and 2022 Budget (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Mara Ascheman, Northern States Power Co. dba Xcel Energy (Xcel), requested the Commission approve Xcel’s 2021 Economic Development Report and its 2022 Economic Development Budget. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve Xcel’s 2021 Economic Development Report and its 2022 Economic Development Budget.
Commissioner Nelson moved to approve Xcel Energy’s 2021 Economic Development Report and its 2022 Economic Development Budget.Motion carried 3-0.
Grain Warehouse
1. GW22-004 In the Matter of the PUC Staff’s Complaint Against Crossroads Cooperative (Grain Warehouse Manager: Cody Chambliss; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, requested the Commission approve the Settlement Agreement and assess a penalty in the amount of $28,000 for violations of SDCL 49-45-1 and 49-45-26 against Crossroads Cooperative. Ms. Lisa Carter, Crossroads Cooperative, agreed with the request of staff.
Commissioner Fiegen moved to approve the Settlement Agreement and assess a penalty in the amount of $28,000 against Crossroads Cooperative for violations of SDCL 49-45-1 and 49-45-26.Motion carried 3-0.
Natural Gas
1. NG22-002 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Redfield Energy, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Jeffrey Decker, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), requested the Commission approve NorthWestern’s contract with deviations with Redfield Energy, LLC and associated tariff revisions with an effective date of May 1, 2022. Mr. Eric Paulson, staff analyst, recommended the Commission approve NorthWestern’s request.
Commissioner Hanson moved to approve NorthWestern’s contract with deviations with Redfield Energy, LLC and the associated tariff revisions with an effective date of May 1, 2022.Motion carried 3-0.
2. NG22-003 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Ben Crick (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Mr. Jeffrey Decker, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), requested the Commission approve NorthWestern’s contract with deviations with Ben Crick and the associated tariff revisions with an effective date of May 1, 2022. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve NorthWestern’s request.
Commissioner Nelson moved to approve NorthWestern’s contract with deviations with Ben Crick and the associated tariff revisions with an effective date of May 1, 2022.Motion Carried 3-0.
Hydrocarbon and Carbon Dioxide Pipeline
1. HP22-001 In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)
A lengthy discussion took place for docket HP22-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, April 14, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc04142022.mp3.
Commissioner Nelson moved to grant Party Status to applicants listed in staff’s Amended Exhibit A in Column 1, except the International Union of Operating Engineers, Local 49 shall be removed from Column 1 of Exhibit A and Erdmann Angus Ranch and Jim Schauer shall be added to Column 1 of Exhibit A. Commissioner Nelson further moved to allow applicants not granted party status to provide additional information to the Commission by April 28, 2022. Motion carried 3-0.
Public Comment
Mr. Chase Jensen, Dakota Rural Action, made public comments regarding SCS Carbon Transport LLC’s proposed carbon dioxide transmission pipeline.
There being no further business, at the hour of 3:24 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
April 14, 2022
