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South Dakota Public Utilities Commission Meeting
May 10, 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 Attorneys: Amanda Reiss and Kristen Edwards; Staff Analyst: Brittany Mehlhaff, Patrick Steffensen and Darren Kearney; Staff: Brittany Olson and Mikayla Frick.
Present were: Brett Koenecke representing SCS Carbon Transport LLC; Bill Van Camp, representing Ringneck Energy LLC, Dakota Ethanol LLC, Glacial Lakes Energy LLC and Redfield Energy LLC; John Schmidt.
Joining the meeting by telephone were Consumer Affairs Staff: Deb Gregg; Staff Analysts: Jon Thurber and Joseph Rezac; Sam Roleru and Doug Denney, Electric Lightwave LLC dba Allstream; Travis Jacobson and Tara Vesey, Montana-Dakota Utilities Co.; Pam Bonrud and Paul Mantz, NorthWestern Corporation dba NorthWestern Energy; Brian Jorde, Domina Law Group representing Intervenors and Party Status Applicants; Richard Cahill.
Administration
1. Approval of the Minutes of the Commission Meeting Held on April 14, 2022 (Staff: Janeth Merriman)
Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on April 14, 2022. Motion carried 3-0.
Consumer Reports
- Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 42 contacts since the last report was prepared for the April 28, 2022, Commission meeting.
Three contacts were related to telecommunications services, nine contacts were related to electric services, five contacts were related to wireless services, one contact was related to natural gas services, four contacts were related to the Do Not Call Registry, nine contacts were related to carbon pipelines, one contact was related to wind energy, one contact was referred to the Grain Warehouse program, four contacts were referred to One Call and five contacts were related to issues not regulated by the PUC.
664 of the 679 contacts received in 2022 have been resolved.
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)
The Commission considered Party Status Applications that were deferred from the April 28, 2022, Commission meeting as well as additional Party Status Applications that were received through May 2, 2022.
Commissioner Nelson moved to grant Party Status to James Fischbach, C & K Farm, and Ethan Javers and to deny Party Status to Crystal Page. Motion carried 3-0.
Commissioner Nelson moved to grant Party Status to Jarvin E. Wait and Caroll M. Wait; Mark Bonnema and Brad Bonnema; Lance Feickert; Cassandra Hinz; Jayne I. Fogarty/Blaise V. Fogarty; Myron Fauth; Launa Feickert; Sid Feickert; Jason & Jaci Family Trust; Mike Mardian; Jason Fauth; Alfred D. Slaathaug; Jed Anliker; Rebecca Melland; Phillip Morrison; Jenny Anliker; Melvon Kallas & Marian Kallas; VanDenTop Trust; Lamont Enterprises LP; Michelle Jensen; Kenneth & Lois Campbell; Mary Miller; Kevin Rath; Sheila Fauth; Roger and Elizabeth Meyer; John J. Bender; Trevor & Kristy Zantow; McPherson County Soil District; William Kerker; Haselhorst Milton and Rhonda Revocable Trust; Brian Shafer; Tiffany Weiszhaar; Katie Weiszhaar; Nancy Klipfel; Peggy and Ronnie Schumack; Ronald Geffre; Curtis Job, Arlene Job, Carlton Job; Bernie LLC; Charles and Rosemary Martinmaas; James and Alta Smith; Ed and Cathy Frericks; Alicia D. Lambert; Ruth Kline; Traci Kappes; Aaron Kappes; Freddie & Bonnie Robinson; Wayne Borge and that party status be denied to Randall Zantow; Jason VanDenTop; Eric Borge; Josh Miller; Leola School District/Board; Todd Dawley; The Nature Conservancy of Minnesota-North Dakota-South Dakota; Marcus Rath; Jami Wolf; Linda L. Christensen; Linda L. Christensen Trust, Linda L. Christensen TTE; Robert M. Christensen Trust, Linda L. Christensen TTE.
Commissioner Hanson moved a substitute motion to grant Party Status to all of those included to be granted in Commissioner Nelson’s motion and to also grant Party Status to Josh Miller; Leola School District/Board; Marcus Rath; Jami Wolf; Linda L. Christensen; Linda L. Christensen Trust, Linda L. Christensen TTE; Robert M. Christensen Trust, Linda L. Christensen TTE. Motion carried 3-0.
Telecommunications
Acting Commissioner Haeder departed the Commission bench. Commissioner Fiegen assumed her place on the commission bench.
1. TC19-009 In the Matter of the Petition of North American Local, LLC for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On May 9, 2022, North American Local filed a Motion to Defer, or in the Alternative, Dismiss its Request for Clarification (Motion). Ms. Amanda Reiss, staff attorney, stated no objection to the Motion.
Commissioner Fiegen moved to dismiss North American Local, LLC’s request for clarification. Motion carried 3-0.
2. TC21-113 In the Matter of the Application by Electric Lightwave LLC dba Allstream for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. Doug Denney, Electric Lightwave, LLC dba Allstream (Allstream), requested the Commission grant Allstream’s request for Certificates of Authority to provide Local Exchange and Interexchange services in South Dakota. Mr. Patrick Steffensen, staff analyst, recommended the Commission grant the request with the conditions that Allstream hold a continuous $25,000 surety bond to run in favor of South Dakota consumers and be subject to rural safeguards.
Commissioner Hanson moved to grant Allstream’s request for Certificates of Authority to provide local exchange and interexchange telecommunications services in South Dakota with the conditions that Allstream hold a continuous $25,000 surety bond to run in favor of South Dakota consumers and be subject to rural safeguards. Motion carried 3-0.
Electric
1. 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)
Mr. Travis Jacobson, Montana-Dakota Utilities Co., requested the Commission approve the revised Transmission Cost Recovery Rider rate and revised tariff sheet with an effective date of June 1, 2022. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.
Commissioner Nelson moved to approve the revised Transmission Cost Recovery Rider rate and revised tariff sheet with an effective date of June 1, 2022. Motion carried 3-0.
2. EL22-009 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Its 2022 Economic Development Plan and 2021 Economic Development Report (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Pam Bonrud and Mr. Paul Mantz, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the 2021 Economic Development Report and 2022 Economic Development Plan. Ms.. Brittany Mehlhaff, staff analyst, recommended the Commission approve the request, including the correction noted by NorthWestern at the meeting.
Commissioner Hanson moved to approve NorthWestern Energy’s 2021 Economic Development Report and 2022 Economic Development Plan, including the correction noted by NorthWestern.Motion carried 3-0.
Natural Gas
1. NG22-004 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Its 2022 Economic Development Plan and 2021 Economic Development Report (Staff Analyst: Brittany Mehlhaff, Staff Attorney: Kristen Edwards)
Ms. Pam Bonrud and Paul Mantz, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the 2021 Economic Development Report and 2022 Economic Development Plan. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the request, including the correction noted by NorthWestern at the meeting.
Commissioner Hanson moved to approve NorthWestern Energy’s 2021 Economic Development Report and 2022 Economic Development Plan, including the correction noted by NorthWestern. Motion carried 3-0.
Public Comment
Mr. John Schmidt made public comments regarding climate change and carbon capture and sequestration.
There being no further business, at the hour of 10:22 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
May 10, 2022
