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South Dakota Public Utilities Commission Meeting
January 17, 2023, at 1:30 P.M. CST
Matthew Training Center, Foss Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Chairperson Kristie Fiegen called the meeting to order. Present were Commissioner Chris Nelson; Acting Commissioner Josh Haeder; Commission Attorneys Karen Cremer and Adam de Hueck; Staff Attorneys Kristen Edwards and Amanda Reiss; Staff Analysts Darren Kearney, Eric Paulson, Patrick Steffensen and Jon Thurber; and Staff Mikayla Frick.
Also present were Ellie Bailey, Riter Rogers LLP, representing South Dakota Rural Electric Association and South Dakota Association of Rural Water Systems; Cody Honeywell, Brett Koenecke and Aaron Scheibe, May Adam, representing 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; Joshua Haiar, South Dakota Searchlight; Linda Rippentrop; Daryl Rippentrop; Rita Brown; and Lucy Blocker.
Joining the meeting by telephone were Commissioner Gary Hanson; Staff Analyst Joseph Rezac; Patrick Burns and Dave Eide, Codington-Clark Electric Cooperative Inc.; Jeff Decker, NorthWestern Corporation dba NorthWestern Energy; Jennifer Flansburg, Chris Shaw, Taige Tople, Northern States Power Company dba Xcel Energy; Ted Smith, Sioux Valley Southwestern Electric Cooperative Inc. dba Sioux Valley Energy; James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC; John Peterson, Peterson Law Office, representing landowners; Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing landowners; Brian Jorde, Domina Law Group, representing landowners.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, January 17, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc01172023.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on December 20, 2022 (Deputy Executive Director: Leah Mohr)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on December 20, 2022. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The report was presented by Ms. Kristen Edwards, staff attorney. The Commission received a total of 42 contacts since the last report was prepared for the January 5, 2023, Commission meeting.
Three contacts were related to telecommunications services, nine contacts were related to electric services, three contacts were related to natural gas services, five contacts were related to wireless services, one contact was related to the Do Not Call Registry, 17 contacts were related to carbon pipelines and four contacts were related to issues not regulated by the PUC.
1,728 of the 1,729 contacts received in 2022 have been resolved.
54 of the 58 contacts received in 2023 have been resolved.
Electric
1. EL22-034 In the Matter of the Joint Request for Service Rights Exception between Codington-Clark Electric Cooperative, Inc. and NorthWestern Corporation dba NorthWestern Energy (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Dave Eide, Codington-Clark Electric Cooperative Inc., and Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the agreement between Codington-Clark Electric Cooperative Inc. and NorthWestern Energy. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.
Commissioner Hanson moved to approve the Service Rights Exception Agreement in assigned areas between Codington-Clark Electric Cooperative Inc. and NorthWestern Corporation dba NorthWestern Energy. Motion carried 3-0.
2. EL22-035 In the Matter of the Joint Request for Service Rights Exception between Northern States Power Company dba Xcel Energy and Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Chris Shaw, Northern States Power Company dba Xcel Energy, and Mr. Ted Smith, Sioux Valley Southwestern Electric Cooperative Inc. dba Sioux Valley Energy, requested the Commission approve the agreement between Xcel Energy and Sioux Valley Southwestern Electric Cooperative Inc. dba Sioux Valley Energy. Mr. Eric Paulson, staff analyst, recommended the Commission approve the request.
Commissioner Nelson moved to approve the Service Rights Exception Agreement in assigned areas between Northern States Power Company dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative Inc. dba Sioux Valley Energy. Motion carried 3-0.
3. EL22-036 In the Matter of the Application of Northern States Power Company dba Xcel Energy for Approval of a Tariff Revision to Include February as an Extended Billing Period Month (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. Chris Shaw, Northern States Power Company dba Xcel Energy, requested the Commission approve the company’s requested tariff revisions with an effective date of January 25, 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 25, 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)
A lengthy discussion took place for docket HP22-002. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, January 17, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc01172023.mp3.
Commissioner Nelson moved to adopt the proposed procedural schedule discussed at the prehearing scheduling conference as revised during Commission discussion. 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 17, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc01172023.mp3.
Commissioner Nelson moved to deny Landowners’ Renewed Motion to Dismiss and Return Summit’s Application, or in the Alternative, Motion for Stay. Motion carried 3-0.
There being no further business, at the hour of 2:43 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
January 17, 2023
