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South Dakota Public Utilities Commission Meeting
December 20, 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 Commissioner Kristie Fiegen and Acting Commissioner Josh Haeder; Commission Attorney Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorneys Kristen Edwards and Amanda Reiss; Staff Analysts Joseph Rezac, Patrick Steffensen and Darren Kearney; Consumer Affairs Manager Deb Gregg; and Staff Mikayla Frick.
Also present were Kara Semmler, South Dakota Telecommunications Association; Bill Van Camp, Olinger, Lovald, McCahren, Van Camp & Thompson P.C. representing AT&T Corp., Ringneck Energy LLC, Dakota Ethanol LLC, Glacial Lakes Energy LLC, and Redfield Energy LLC; Benjamin Dickens, Jr., Blooston, Mordkofsky, Dickens, Duffy & Pendergast, representing Venture Communications Cooperative; Darla Pollman Rogers, Riter Rogers, LLP representing Venture Communications Cooperative, South Dakota Rural Electric Association and South Dakota Association of Rural Water Systems; Fay Jandreau, Venture Communications Cooperative; Jeff Decker, NorthWestern Energy; Brett Koenecke, Aaron Scheibe and Cody Honeywell, May Adam, representing SCS Carbon Transport LLC; Randy Houdek.
Joining the meeting by telephone were Commissioner Gary Hanson; Commission Attorney Karen Cremer; Staff Analyst Jon Thurber; Brett Ferenchak, Morgan Lewis & Bockius LLP, representing BIT IV Intrepid OpCo LLC; Brian Murphy, NextEra Energy Resources LLC, representing Crowned Ridge Wind LLC; Miles Schumacher, Lynn, Jackson, Shultz and Lebrun, PC, representing Crowned Ridge Wind LLC; Richard Lampeter, Epsilon Associates, representing Crowned Ridge Wind LLC; R. Shawn Tornow, Tornow Law Office PC, representing Linda Lindgren and Timothy Lindgren; Amber Christenson; Jesse Sorenson, Black Hills Electric Cooperative, Inc.; James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC; Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing landowners; Brian Jorde, Domina Law Group, representing landowners.
An audio recording of this meeting can be accessed on the Commission’s website at https://puc.sd.gov/commission/media/2022/puc12202022.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on December 6, 2022 (Deputy Executive Director: Leah Mohr)
Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on December 6, 2022. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 81 contacts since the last report was prepared for the December 6, 2022, Commission meeting.
Four contacts were related to telecommunications services, 16 contacts were related to electric services, four contacts were related to natural gas services, one contact was related to wireless services, seven contacts were related to the Do Not Call Registry, 36 contacts were related to carbon pipelines, one contact was related to wind energy, 11 contacts were related to issues not regulated by the PUC and one contact was referred to South Dakota One Call.
1,620 of the 1,636 contacts received in 2022 have been resolved.
Telecommunications
1. TC22-055 In the Matter of the Application of BIF IV Intrepid OpCo LLC for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Brett Ferenchak, Morgan Lewis & Bockius LLP, representing BIT IV Intrepid OpCo LLC, and Ms. Kara Semmler, South Dakota Telecommunications Association, requested the Commission adopt the joint stipulation and grant the certificates of authority. Mr. Joseph Rezac, staff analyst, recommended the Commission grant the requests.
Commissioner Fiegen moved to adopt the joint stipulation, grant BIT IV Intrepid OpCo LLC’s request for a Certificate of Authority to provide local exchange and interexchange services in South Dakota and grant a waiver of ARSD 20:10:32:10. Motion carried 3-0.
Complaint
1. CT20-001 In the Matter of the Complaint of Venture Communications Cooperative against AT&T Mobility (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket CT20-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, December 20, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc12202022.mp3.
Commissioner Hanson moved to deny AT&T Mobility’s Motion to Dismiss. Motion carried 3-0.
Commissioner Fiegen moved to deny Venture Cooperative’s Motion to Amend Complaint. Motion carried 3-0.
2. CE22-001 In the Matter of the Complaint filed by Amber Christenson, Linda Lindgren and Timothy Lindgren against Crowned Ridge Wind LLC regarding Project Sound Level Compliance (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
A lengthy discussion took place for docket CE22-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, December 20, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc12202022.mp3.
Commissioner Nelson moved to exclude attachments to Crowned Ridge’s Motion to Dismiss Formal Complaint and to deny Crowned Ridge’s Motion to Dismiss Formal Complaint. Motion carried 3-0.
Electric
1. EL22-032 In the Matter of the Joint Request for Approval of an Amended Electric Service Territory Boundary Agreement between Black Hills Electric Cooperative, Inc. and Black Hills Power, Inc. dba Black Hills Energy (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Jesse Sorenson, Black Hills Electric Cooperative, Inc., requested the Commission approve the Amended Agreement between Black Hills Electric Cooperative, Inc. and Black Hills Power, Inc. dba Black Hills Energy. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.
Commissioner Hanson moved to approve the Amended Service Territory Line Agreement between Black Hills Electric Cooperative, Inc. and Black Hills Power, Inc. dba Black Hills Energy. Motion carried 3-0.
2. EL22-033 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Tariff Revisions to Its Small Qualifying Facility Rider (Rates 73 and 74) (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the company’s requested tariff revisions with an effective date of January 1, 2023. Mr. Patrick Steffensen, recommended the Commission approve the company’s request.
Commissioner Fiegen moved to approve the company’s requested tariff changes effective January 1, 2023. 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)
Mr. James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC, did not object to the late-filed applications for party status from Gwen Reker and Dave Larson.
The Commission held a discussion with parties regarding Applicant’s notice error. No Commission action was taken.
Commission Nelson moved to grant party status to Gwen Reker and Dave Larson. Motion carried 3-0.
Commissioner Fiegen departed the commission bench. Acting Commissioner Haeder assumed his place on the commission bench.
2. 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 regarding the procedural schedule. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, December 20, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc12202022.mp3.
The Commission took no action on docket HP22-001.
There being no further business, at the hour of 11:23 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
December 20, 2022
