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South Dakota Public Utilities Commission Meeting
April 28, 2022, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION HEARING
Commissioner Chris Nelson called the meeting to order. Present were Commissioners: Kristie Fiegen and Gary Hanson; Acting Commissioner: Josh Haeder; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Amanda Reiss; Staff Analyst: Darren Kearney; Staff: Leah Mohr.
Present were: Kara Semmler, South Dakota Telecommunications Association; Brett Koenecke representing SCS Carbon Transport LLC; Nate Runke and Joe Kramer, International Union of Operating Engineers, Local 49; Bill Van Camp, representing Ringneck Energy LLC, Dakota Ethanol LLC, Glacial Lakes Energy LLC and Redfield Energy LLC; Joye Braun and Morgan Brings Plenty.
Joining the meeting by telephone were Consumer Affairs Staff: Deb Gregg; Staff Attorney: Kristen Edwards; Staff Analysts: Jon Thurber and Joseph Rezac; Steven Kolbeck, Northern States Power Co. dba Xcel Energy; Travis Jacobson, Tara Vesey, Robert Frank and Nathan Bensen, Montana-Dakota Utilities Co.; Brian Jorde, Domina Law Group representing Intervenors and Party Status Applicants; Dan Prymek, Great Plains’ Laborers’ District Council; Grant Alvine representing party status applicants Wild Water West Waterpark, Frank Alvine and Alvine Family Ltd. Partnership; Aaron Johnson; Richard Cahill.
Consumer Reports
- Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 73 contacts since the last report was prepared for the April 14, 2022, Commission meeting.
Seven contacts were related to telecommunications services, 16 contacts were related to electric services, four contacts were related to wireless services, six contacts were related to natural gas services, eight contacts were related to the Do Not Call Registry, 17 contacts were related to carbon pipelines, one contact was related to wind energy, four contacts were referred to One Call and 10 contacts were related to issues not regulated by the PUC.
619 of the 637 contacts received in 2022 have been resolved.
Telecommunications
1. TC22-009 In the Matter of the Petition of AirVoice Wireless, LLC dba AirTalk Wireless for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), requested the Commission grant intervention to SDTA. Ms. Amanda Reiss, staff attorney, recommended the Commission grant intervention to SDTA.
Commissioner Fiegen moved to grant intervention to SDTA. Motion carried 3-0.
Electric
1. EL18-003 In the Matter of the Application by Dakota Range I, LLC and Dakota Range II, LLC for a Permit of a Wind Energy Facility in Grant County and Codington County, South Dakota, for the Dakota Range Wind Project (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Mr. Steven Kolbeck, Northern States Power Co. dba Xcel Energy requested that the Commission grant the extension to the 90-day deadline in Permit Condition 30. Mr. Darren Kearney, staff analyst, stated that Commission staff had no concerns with Xcel Energy’s request and recommended approval in order to allow the Commission to receive accurate and transparent information form Xcel Energy. Commissioner Fiegen requested additional detail regarding certain turbine locations and their set-back distances. A discussion took place regarding Commissioner Feigen’s request, after which it was determined that the information request would filed in the docket in order to ensure Xcel Energy is able to fully and publicly respond.
Commissioner Hanson moved to grant Northern States Power Company’s request for an extension to the 90-day timeline required in Permit Condition 30. Motion carried 3-0.
2. EL22-006 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Transmission Cost Recovery Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Tara Lacy, Montana-Dakota Utilities Co., requested the Commission approve the revised Transmission Cost Rider Rate and revised tariff sheet with an effective date of May 1, 2022. Mr. Joseph Rezac, staff analyst recommended the Commission approve the revised Transmission Cost Recovery Rider Rate and associated tariff page. Requesting additional information on internal labor costs, the Commission deferred this item.
Chairman Nelson deferred the docket to a later meeting.
3. EL22-007 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Nathan Bensen, Montana-Dakota Utilities Co., requested the Commission approve the revised Infrastructure Rider Rate and revised tariff sheet with an effective date of May 1, 2022. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the revised Infrastructure Rider Rate and revised tariff sheet.
Commissioner Hanson moved to approve the revised Infrastructure Rider Rate and revised tariff sheet with an effective date of May 1, 2022.Motion carried 3-0.
Hydrocarbon and Carbon Dioxide Pipeline
Commissioner Fiegen departed the commission bench. Acting Commissioner Haeder assumed his place on the commission bench.
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 28, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc04282022.mp3.
Commissioner Nelson moved to grant Party Status to the following applicants listed in Commission Staff’s April 14, 2022, filing: Aaron Olson, Bryce Neiger, Chad Weiszhaar, Daryl Nelson, International Union of Operating Engineers, Local 49, Joan Nelson, Joan Weiszhaar, LeRoy Weiszhaar, Matthew DeMent, Matthew Schaefer, Paula Bell, Rick Bonander, Great Plains Laborers District Council. Party Status was denied to the remaining applicants listed in Commission Staff’s April 14, 2022, filing. Commissioner Nelson further moved to grant the request of Jane Ver Steeg and Winding Valley Farms to withdraw their Application for Party Status. Motion carried 3-0.
Commissioner Nelson moved to grant Party Status to the following applicants listed in Commission Staff’s April 22, 2022, filing: Sherwood Beek, Richard Lee Cahill, Mark & Mary Margaret Mack Trust, Alvine Family Limited Partnership, Wild Water West Waterpark, Highmore Fire Department, Chris and ReEtta Sieh, Kristie J. Morrison, ROAM Properties LLC and Greg Alvine, Prunty Farms Family Limited Partnership II, Adam Prunty, Cheryl Prunty Trust, Charles David Prunty Jr. Trust, Dorthea Prunty Trust, Scott and Sarah Siemonsma, Minnehaha Conservation District and to allow those with pending Applications for Party Status submitted after April 22 to provide additional information to the Commission before May 10, 2022. Motion carried 3-0.
There being no further business, at the hour of 11:28 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
April 28, 2022
