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South Dakota Public Utilities Commission Meeting
June 8, 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 Commissioner: Kristie Fiegen; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Brittany Mehlhaff, Eric Paulson and Darren Kearney; Grain Warehouse Manager: Cody Chambliss; Consumer Affairs Staff: Deb Gregg; Staff: Mikayla Frick and Leah Mohr.
Present were: Brett Koenecke and Cody Honeywell, representing SCS Carbon Transport LLC; Bill Van Camp, representing Ringneck Energy LLC, Dakota Ethanol LLC, Glacial Lakes Energy LLC and Redfield Energy LLC; Darla Pollman Rogers, representing South Dakota Rural Electric Association and South Dakota Association of Rural Water Systems; Ellie Bailey, representing South Dakota Rural Association; Joell Fischbach and Ed Fischbach.
Joining the meeting by telephone was Commissioner: Gary Hanson; Acting Commissioner: Josh Haeder; Staff Analysts: Patrick Steffensen, Jon Thurber and Joseph Rezac; Katelyn Lynch-Butcher, Amanda Hosch and Andrew McGrean, MidAmerican Energy Company; Jason Grenier, Otter Tail Power Company; Jason Keil, Kim Hankins, Max Carlson, Black Hills Power Inc. dba Black Hills Energy; Marsha Schmidt, Steve Schmidt and John Mullen, Roslyn Elevator; Brian Jorde, Domina Law Group representing Intervenors; Ryan Cwach, Birmingham & Cwach Law Office, representing Intervenors; and Richard Cahill.
(Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.
Administration
1. Approval of the Minutes of the of the Ad Hoc Commission Meeting Held on May 13, 2022 (Staff: Janeth Merriman)
Commissioner Fiegen moved to approve the Minutes of the Ad Hoc Commission Meeting held on May 13, 2022. Motion carried 3-0.
Consumer Reports
- 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 May 24, 2022, Commission meeting.
Seven contacts were related to telecommunications services, 18 contacts were related to electric services, three contacts were related to wireless services, two contacts were related to natural gas services, 11 contacts were related to the Do Not Call Registry, four contacts were related to carbon pipelines, three contacts were referred to One Call and 23 contacts were related to issues not regulated by the PUC.
778 of the 799 contacts received in 2022 have been resolved.
Natural Gas
1. NG22-005 In the Matter of the Application of MidAmerican Energy Company for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, requested the Commission suspend the imposition of the tariff for 180 days beyond May 18, 2022; assess a filing fee for actual expenses not to exceed $250,000; and authorize the Executive Director to enter into necessary consulting contracts. Ms. Katelyn Lynch-Butcher, MidAmerican Energy Company, agreed with the request of staff.
Commissioner Fiegen moved to suspend the imposition of the tariff for 180 days beyond May 18, 2022; assess a filing fee for actual expenses not to exceed $250,000; and authorize the Executive Director to enter into necessary consulting contracts.Motion carried 3-0..
Electric
1. EL22-011 In the Matter of Otter Tail Power Company’s 2021 South Dakota Energy Efficiency Plan Status Report and 2022 Annual Filing to Update the Energy Efficiency Adjustment Rider (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Jason Grenier, Otter Tail Power Company, requested the Commission approve Otter Tail’s 2021 Energy Efficiency Plan Status Report, the 2021 Financial Incentive of $278,101, and approve the proposal that the Energy Efficiency Adjustment Factor remain at $0.00195/kWh for July 2022 through June 2023. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.
Commissioner Hanson moved to approve Otter Tail Power Company’s 2021 Energy Efficiency Plan Status Report, the 2021 Financial Incentive of $278,101, and the proposal that the Energy Efficiency Adjustment Factor remain at $0.00195/kWh for July 2022 through June 2023. Commissioner Nelson moved to amend the motion to remove the appliance recycling rebate from the Otter Tail’s Energy Efficiency Plan. Motion to amend carried 3-0.
Main motion carried 3-0.
2. EL22-012 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval to Implement a Revision to its Standard Forms (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Jason Keil, Black Hills Energy, requested the Commission approve the tariff revisions with an effective date of June 13, 2022. Mr. Eric Paulson, staff analyst, recommend the Commission approve the company’s request.
Commissioner Nelson moved to approve the tariff revisions with an effective date of June 13, 2022. Motion carried 3-0.
Gas and Electric
1. GE20-002 In the Matter of Investor-Owned Utilities’ Joint Request for Deferred Treatment of the Financial Effects of COVID-19 and the Creation of Regulatory Assets (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Jason Grenier, Otter Tail Power Company, requested the Commission approve the request to allow Otter Tail to withdraw from the docket and cease quarterly reporting requirements. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission grant Otter Tail’s request.
Commissioner Fiegen moved to grant the request of Otter Tail Power Company to withdraw from the docket and cease quarterly reporting requirements. Motion carried 3-0.
Grain Warehouse
1. GW22-002 In the Matter of Roslyn Elevator, Roslyn, South Dakota (Grain Warehouse Manager: Cody Chambliss; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket GW22-002. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, June 8, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc06082022.mp3
Chairman Nelson deferred the docket to a later meeting.
Hydrocarbon and Carbon Dioxide Pipeline
Commissioner Fiegen departed the commission bench. Acting Commissioner Haeder assumed his place.
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, June 8, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc06082022.mp3
Commissioner Nelson moved to grant, in part, Applicant’s Motion to Extend Deadline for a Final Decision for an indefinite period of time. Motion carried 3-0.
Commissioner Nelson moved to Deny Landowners’ Motion to Dismiss and in the Alternative Motion for Stay. Motion carried 3-0.
Chairman Nelson deferred Applicant’s Motion for a Scheduling Order and for Prefiled Testimony and Landowners’ Motion for Extension of Intervention Deadline.
Acting Commissioner Haeder departed the commission meeting. Commissioner Fiegen assumed her place on the commission bench.
There being no further business, at the hour of 11:41 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
June 8, 2022
