Commission Minutes | previous page
South Dakota Public Utilities Commission Meeting
October 11, 2022, at 1:30 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Commissioner Chris Nelson called the meeting to order. Present were Commissioner Gary Hanson; Commission Attorney Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorneys Kristen Edwards and Amanda Reiss; Staff Analysts Brittany Mehlhaff, Eric Paulson, Darren Kearney, and Jon Thurber; Grain Warehouse Manager Cody Chambliss; Consumer Affairs Staff Deb Gregg; and Staff Mikayla Frick.
Also present were Jason Sutton, Boyce Law Firm LLP representing LTD Broadband LLC; Kara Semmler, South Dakota Telecommunications Association; and Mark Wengierski and Zach Lasek, Sweetland Wind Farm LLC.
Joining the meeting by telephone were Commissioner Kristie Fiegen; Commission Attorney Karen Cremer; Staff Analyst Patrick Steffensen; Mollie Smith, Fredrikson & Byron PA, representing Sweetland Wind Farm LLC; Steve Kolbeck, Northern States Power Company dba Xcel Energy; Ben Brandt, Farmers Cooperative Elevator; James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC.
Administration
1. Approval of the Minutes of the Commission Meeting Held on September 13, 2022 (Deputy Executive Director: Leah Mohr)
Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on September 13, 2022. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 49 contacts since the last report was prepared for the September 27, 2022, Commission meeting.
Six contacts were related to telecommunications services, 10 contacts were related to electric services, two contacts were related to natural gas services, one contact was related to gas and electric services, five contacts were related to wireless services, two contacts were related to the Do Not Call Registry, nine contacts were related to carbon pipelines, two contacts were referred to the grain warehouse program and eight contacts were related to issues not regulated by the PUC. Four contacts were referred to One Call.
1,332 of the 1,350 contacts received in 2022 have been resolved.
Telecommunications
1. TC21-001 In the Matter of the Application of LTD Broadband LLC for Designation as an Eligible Telecommunications Carrier for Purposes of Receiving Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket TC21-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, October 11, 2022, recording located at https://puc.sd.gov/commission/media/2022/puc10112022.mp3.
Commissioner Fiegen moved to grant the South Dakota Telecommunications Association’s request to close the docket. Motion carried 3-0.
Electric
1. EL19-012 In the Matter of the Application by Sweetland Wind Farm, LLC for Facility Permits for a Wind Energy Facility and a 230-kV Transmission Facility in Hand County, South Dakota for the Sweetland Wind Farm Project (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Mollie Smith, Fredrikson & Byron PA, representing Sweetland Wind Farm LLC, requested the Commission approve Sweetland Wind Farm LLC’s request for approval of transmission line adjustments. Mr. Jon Thurber, staff analyst, recommended the Commission approve the request.
Commissioner Hanson moved to grant Sweetland Wind Farm LLC’s request for approval of transmission line adjustments. Motion carried 3-0.
2. EL22-026 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2023 Infrastructure Rider Project Eligibility and Factor Update (Staff Analysts: Brittany Mehlhaff and Patrick Steffensen; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, requested the Commission assess a filing fee in the amount of up to $250,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Mr. Steve Kolbeck, Xcel Energy, did not object to the filing fee.
Commissioner Nelson moved to assess a filing fee in the amount of up to $250,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.
Grain Warehouse
1. GW21-002 In the Matter of Farmers Cooperative Elevator, Avon, South Dakota (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)
A lengthy discussion took place for docket GW21-002. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, October 11, 2022, recording located at https://puc.sd.gov/commission/media/2022/puc10112022.mp3.
Commissioner Hanson moved to close the docket.Motion carried 3-0.
Hydrocarbon and Carbon Dioxide Pipeline
1. HP22-002 In the Matter of the Application of Navigator Heartland Greenway, LLC for a Permit Under The South Dakota Energy Conversion and Transmission Facilities Act to Construct the Heartland Greenway Pipeline in South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, recommended that the Commission assess a filing fee of up to $400,000 with an initial deposit of $8,000 and authorize the executive director to enter into necessary consulting contracts. Mr. James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC, agreed with staff’s recommendation.
Commissioner Nelson moved to assess a filing fee of up to $400,000 with an initial deposit of $8,000 and authorize the executive director to enter into necessary consulting contracts. Motion carried 3-0.
There being no further business, at the hour of 2:39 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
October 11, 2022
