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South Dakota Public Utilities Commission Meeting
October 27, 2022, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
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; Staff Attorneys Kristen Edwards and Amanda Reiss; Staff Analysts Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, and Jon Thurber; Grain Warehouse Program Manager Cody Chambliss; and Staff Mikayla Frick.
Also present were Kara Semmler, South Dakota Telecommunications Association; and Brett Koenecke, May Adam, representing SCS Carbon Transport LLC.
Joining the meeting by telephone were Commission Advisor Greg Rislov; Consumer Affairs Staff Deb Gregg; Staff Analyst Darren Kearney; Dave Prazak, Otter Tail Power Company; Shane Griese, City of Vermillion; Chris Larson, Clay-Union Electric, Inc.; Ryan Cwach, Birmingham & Cwach Law Office, Prof. LLC representing Organic Producers of Iowa, Nebraska, and South Dakota, North Bend, Nebraska; Maria Walz, Hefty Seed Company; and Melanie Carpenter, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC.
(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 Commission Meetings Held on September 27 and October 11, 2022 (Deputy Executive Director: Leah Mohr)
Commissioner Fiegen moved to approve the Minutes of the Commission Meetings held on September 27 and October 11, 2022. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 66 contacts since the last report was prepared for the October 11, 2022, Commission meeting.
Sixteen contacts were related to telecommunications services, 12 contacts were related to electric services, five contacts were related to natural gas services, two contacts were related to wireless services, six contacts were related to the Do Not Call Registry, seven contacts were related to carbon pipelines, one contact was related to the Dakota Access Pipeline and 17 contacts were related to issues not regulated by the PUC.
1,400 of the 1,416 contacts received in 2022 have been resolved.
Electric
1. EL18-021 In the Matter of the Application of Otter Tail Power Company for Authority to Increase Its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Dave Prazak, Otter Tail Power Company, requested the Commission approve the company’s requested tariff changes, the proposed refunds to impacted customers, and the General Service Rate Brochure, effective December 1, 2022. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the request.
Commissioner Hanson moved to approve the company’s requested tariff changes, the proposed refunds to impacted customers, and the General Service Rate Brochure, effective December 1, 2022. Motion carried 3-0.
2. EL22-027 In the Matter of the Joint Request for Approval of an Amended Electric Service Territory Boundary Agreement between Clay-Union Electric, Inc. and the City of Vermillion (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
Mr. Chris Larson, Clay-Union Electric, Inc., and Mr. Shane Griese, City of Vermillion, requested the Commission approve the Amended Agreement between Clay-Union Electric, Inc. and the City of Vermillion. Mr. Darren Kearney, staff analyst, recommended the Commission approve the request.
Commissioner Fiegen moved to approve the Amended Electric Service Territory Boundary Agreement between Clay-Union Electric, Inc. and the City of Vermillion. Motion carried 3-0.
Grain Warehouse
1. GW22-005 In the Matter of the PUC Staff’s Complaint Against Organic Producers of Iowa, Nebraska, and South Dakota (OPINS), North Bend, Nebraska (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, requested the Commission issue a scheduling order setting a hearing date and establishing a procedural schedule in this matter. Mr. Ryan Cwach, Birmingham & Cwach Law Office, Prof. LLC representing OPINS, did not object.
Commissioner Nelson moved the Commission issue a scheduling order as listed in Staff’s October 26, 2022, letter filed in the docket. Motion carried 3-0.
2. GW22-007 In the Matter of the Settlement Stipulation with Hefty Seed Company of Baltic, South Dakota (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, requested the Commission adopt the Stipulation and impose a fine of $15,000 against Agronomy Science LLC dba Hefty Seed Company. Ms. Maria Walz, Hefty Seed Company, agreed with Staff’s recommendation.
Commissioner Hanson moved the Commission adopt the Stipulation and impose a fine of $15,000 against Agronomy Science LLC dba Hefty Seed Company. 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)
Ms. Kristen Edwards, staff attorney, recommended the Commission grant withdrawal of party status to Daniel Hoey on behalf of Intervenor West Central School District.
Acting Commissioner Haeder moved the Commission grant withdrawal of party status to Daniel Hoey on behalf of Intervenor West Central School District. Motion carried 3-0.
2. 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. Kara Semmler, South Dakota Telecommunications Association (SDTA), requested the Commission grant SDTA party status. Ms. Kristen Edwards, staff attorney, recommended the Commission grant party status to SDTA and the Brookings County Commission. Ms. Melanie Carpenter, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC, did not object to the requests.
Commissioner Hanson moved the Commission grant party status to SDTA and the Brookings County Commission. Motion carried 3-0.
There being no further business, at the hour of 9:50 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
October 27, 2022
