Commission Minutes | previous page
South Dakota Public Utilities Commission Meeting
January 5, 2023, at 2:00 P.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Chairman Chris Nelson called the meeting to order. Present were Commission Attorney Adam de Hueck; Staff Attorneys Kristen Edwards and Amanda Reiss; Staff Analysts Joseph Rezac, Darren Kearney, Jon Thurber, Patrick Steffensen and Eric Paulson; Consumer Affairs Manager Deb Gregg; and Staff Mikayla Frick.
Also present were Anthony Crutch, North Bend Wind Project LLC; Aaron Scheibe, May Adam, representing North Bend Wind LLC and SCS Carbon Transport LLC; Cody Honeywell, May Adam, representing SCS Carbon Transport LLC; James Powell, Rod Dillon, Aaron Eldridge, SCS Carbon Transport LLC; Bill Van Camp, Olinger, Lovald, McCahren, Van Camp & Thompson P.C. representing Ringneck Energy LLC, Dakota Ethanol LLC, Glacial Lakes Energy LLC, and Redfield Energy LLC; Jay Poindexter; Jennifer Runge; Mark Lapka; Monica Meyer; Cynthia Schock; Deb Ross; and Cheri Wittler, Precision Reporting.
Joining the meeting by telephone were Commissioner Kristie Fiegen, Commissioner Gary Hanson and Acting Commissioner Josh Haeder; Commission Attorney Karen Cremer; Jason Sutton, Boyce Law Firm LLP, representing LTD Broadband LLC; Curt Kabris, Brookings Municipal Telephone dba Swiftel Communications; Brett Koenecke, May Adam, representing North Bend Wind LLC and SCS Carbon Transport LLC; Jim Malters, Malters, Shepherd & Von Holtum, representing Michael Bollweg, Judi Bollweg, Bollweg Family, LLLP and Tumbleweed Lodge; Travis Jacobson, Rhonda Erickson, Stephanie Bosch, Darcy Neigum and Larry Oswald, Montana-Dakota Utilities Co.; Melanie Carpenter, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC; Kendra Eng, Moody County Commission; Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing landowners; Brian Jorde, Domina Law Group, representing landowners.
(Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, January 5, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc01052023.mp3.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 109 contacts since the last report was prepared for the December 20, 2022, Commission meeting.
Five contacts were related to telecommunications services, 20 contacts were related to electric services, two contacts were related to natural gas services, three contacts were related to wireless services, two contacts were related to the Do Not Call Registry, 53 contacts were related to carbon pipelines, two contacts were related to wind energy, 21 contacts were related to issues not regulated by the PUC and one contact was referred to South Dakota One Call.
1,724 of the 1,729 contacts received in 2022 have been resolved.
13 of the 16 contacts received in 2023 have been resolved.
Telecommunications
1. TC21-014 In the Matter of the Application of LTD Broadband LLC for Certificates of Authority to Provide Resold and Facilities-Based Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Jason Sutton, Boyce Law Firm LLP, representing LTD Broadband LLC, requested the Commission grant the company’s motion and close the docket. Ms. Amanda Reiss, staff attorney, recommended the Commission grant the request.
Commissioner Fiegen moved to grant LTD Broadband, LLC’s Motion and close the docket. Motion carried 3-0.
2. TC22-069 In the Matter of the Application of City of Brookings Municipal Telephone dba Swiftel Communications for an Amended Certificate of Authority (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Curt Kabris, Brookings Municipal Telephone dba Swiftel Communications, requested the Commission approve its request for waiver and its request for an Amended Certificate of Authority. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the company’s request.
Commissioner Hanson moved to approve the City of Brookings Municipal Telephone dba Swiftel Communications’ request for waiver and approve its request for an Amended Certificate of Authority. Motion carried 3-0.
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)
A lengthy discussion took place for docket EL21-018. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, January 5, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc01052023.mp3.
Commissioner Fiegen moved to grant Intervenor’s Motion to Withdraw. Motion carried 3-0.
Commissioner Nelson moved to grant the Joint Motion for Approval of Settlement Stipulation and grant a permit for the construction of a wind energy facility to North Bend Wind Project with conditions. Motion carried, 3-0.
2. EL22-024 In the Matter of the Application of Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval to Implement New Rate Schedule High Density Contracted Demand Response Rate 45 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Stephanie Bosch, Montana-Dakota Utilities Co., requested the Commission approve the company’s requested tariff revisions with an effective date of January 6, 2023. Mr. Patrick Steffensen, recommended the Commission approve the company’s request.
Commissioner Hanson moved to approve the company’s requested tariff changes effective January 6, 2023. Motion carried 3-0.
3. EL22-029 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions to Its Rates for Rate 95 and Rate 96 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Rhonda Erickson, Montana-Dakota Utilities Co., requested the Commission approve the company’s requested tariff revisions with an effective date of January 6, 2023. Mr. Eric Paulson recommended the Commission approve the company’s request.
Commissioner Fiegen moved to approve the company’s requested tariff changes effective January 6, 2023. Motion carried 2-1. Commissioner Nelson dissenting.
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, requested the Commission grant staff’s request to establish a ten-business day response deadline for discovery requests, require prefiled testimony and order a prehearing scheduling conference. Ms. Melanie Carpenter, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC did not object to staff’s request. Mr. Brian Jorde, Domina Law Group, representing landowner intervenors objected to the ten-business day response deadline for discovery requests.
Commissioner Nelson moved to grant staff’s request to establish a ten-business day response deadline for discovery requests, require prefiled testimony and order a prehearing scheduling conference be held. 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. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, January 5, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc01052023.mp3.
Acting Commissioner Haeder moved to grant Jody Eli-Ackerman’s Request to Withdraw Party Status. Motion carried 3-0.
Commissioner Nelson moved to adopt the proposed procedural schedule discussed at the prehearing scheduling conference. Motion carried 3-0.
Leadership
1. Election of a Chairperson and Vice Chairperson of the Commission (Commission Attorney: Adam de Hueck)
Commissioner Nelson moved to nominate Commissioner Fiegen for the position of Chairperson. Motion carried 3-0.
Commissioner Fiegen moved to nominate Commissioner Hanson for the position of Vice Chairman. Motion carried 3-0.
There being no further business, at the hour of 4:21 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
January 5, 2023
