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South Dakota Public Utilities Commission Meeting
December 6, 2022, at 9:30 A.M. CST
Room 464, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Commissioner Chris Nelson called the meeting to order. Present were Commissioner Kristie Fiegen and Commissioner Gary Hanson; Commission Attorneys Karen Cremer and Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorneys Kristen Edwards and Amanda Reiss; Staff Analysts Eric Paulson, Patrick Steffensen and Brittany Mehlhaff; Grain Warehouse Manager Cody Chambliss; Grain Warehouse Inspector Paul Kenefick-Aschoff and Staff Mikayla Frick.
Also present were Brett Koenecke and Aaron Scheibe, May Adam, representing North Bend Wind Project LLC; Steve Kolbeck, Northern States Power Company dba Xcel Energy; James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC; and Ellie Bailey, Riter Rogers LLP, representing South Dakota Rural Electric Association and South Dakota Association of Rural Water Systems.
Joining the meeting by telephone were Staff Analysts Darren Kearney and Jon Thurber; Consumer Affairs Manager Deb Gregg; Jim Malters, Malters, Shepherd & Von Holtum, representing Michael Bollweg, Judi Bollweg, Bollweg Family, LLLP and Tumbleweed Lodge; Jessica Peterson, Karl Shlanta, Chris Franks, Shubha Harris, Tom Mammen, Chris Shaw, Michelle Terwilliger, Mike Donahue, Rebecca Eilers, Benj Halama, Chris Buboltz, Sean Dornseif, Farah Mandich, Xcel Energy; Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing Organic Producers of Iowa, Nebraska, and South Dakota; Kendra Eng, Moody County; Richie Schmidt, Great Plains Laborers’ District Council; Nathan Runke, International Union of Operating Engineers, Local 49; John Peterson, Peterson Law Office PC, representing landowners; Brian Jorde, Domina Law Group, representing landowners.
Administration
Approval of the Minutes of the Commission Meetings Held on November 8 and 18, 2022 (Deputy Executive Director: Leah Mohr)
Commissioner Fiegen moved to approve the Minutes of the Commission Meetings held on November 8 and 18, 2022. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 57 contacts since the last report was prepared for the November 18, 2022, Commission meeting.
Six contacts were related to telecommunications services, 21 contacts were related to electric services, two contacts were related to natural gas services, five contacts were related to wireless services, one contact was related to the Do Not Call Registry, seven contacts were related to carbon pipelines, 14 contacts were related to issues not regulated by the PUC and one contact was referred to South Dakota One Call.
1,541 of the 1,555 contacts received in 2022 have been resolved.
Electric
1. EL21-018 In the Matter of the Application by North Bend Wind Project, LLC for a Permit to Construct and Operate the North Bend Wind Project in Hyde County and Hughes County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
Mr. Brett Koenecke, May Adam, representing North Bend Wind Project LLC; Jim Malters, Malters, Shepherd & Von Holtum, representing Michael Bollweg, Judi Bollweg, Bollweg Family, LLLP and Tumbleweed Lodge; and Ms. Amanda Reiss, staff attorney, provided the Commission an update on the status of the docket.
The Commission took no action on the docket.
2. EL22-010 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2021 Demand Side Management Report and 2023 Proposed Demand Side Management Plan (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Steve Kolbeck, Northern States Power Company dba Xcel Energy, requested the Commission approve the company’s request. Mr. Eric Paulson, staff analyst, recommended the Commission approve the request.
Commissioner Nelson moved to approve Xcel’s 2021 Demand Side Management Status Report and tracker account, the performance incentive earned for 2021, the proposed 2023 Demand Side Management Plan, and the proposed 2023 Demand Side Management Cost Adjustment Factor of $0.000479 per kWh with a January 1, 2023, effective date. Motion carried 3-0.
3. EL22-022 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2023 Transmission Cost Recovery Eligibility and Rate Adjustment (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. Steve Kolbeck, Northern States Power Company dba Xcel Energy, requested the Commission approve the company’s request. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the request.
Commissioner Hanson moved to approve the updated Transmission Cost Recovery rate factor and updated tariff sheet with an effective date of January 1, 2023. Motion carried 3-0.
4. 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, Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Steve Kolbeck, Northern States Power Company dba Xcel Energy, requested the Commission approve the company’s request. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the request.
Commissioner Fiegen moved to approve the revised Infrastructure Rider Adjustment factor and revised tariff sheet with an effective date of January 1, 2023. 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, recommended the Commission grant the Joint Motion and approve the Settlement Stipulation and Agreement. Mr. Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing Organic Producers of Iowa, Nebraska, and South Dakota, agreed with the request of staff.
Commissioner Nelson moved to grant the Joint Motion and approve the Settlement Stipulation and Agreement. 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 the Commission grant party status to those who have filed through December 5, 2022. Mr. James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC did not object.
Commission Hanson moved to grant party status to those who have filed through December 5, 2022. Motion carried 3-0.
Items for Commission Discussion
Mr. James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC, informed the Commission that 204 landowners within a one-half mile corridor of the proposed pipeline route did not receive statutory notice from the company. The company is sending notice to affected landowners and will file a letter in the docket regarding this notice error.
There being no further business, at the hour of 10:27 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
December 6, 2022
