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South Dakota Public Utilities Commission Meeting
January 27, 2023, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF COMMISSION MEETING

         Commission Chairperson Kristie Fiegen called the meeting to order. Present were Commissioners Gary Hanson  and Chris Nelson; Commission Attorney Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorney Kristen Edwards; Staff Analyst Darren Kearney; Consumer Affairs Manager Deb Gregg; and Staff Mikayla Frick.

         Joining the meeting by telephone were Commission Attorney Karen Cremer;  Staff Analyst Jon Thurber; Marlene Bennett, Consortia Consulting, representing Beresford Municipal Telephone Company; Austin Hanson, Beresford Municipal Telephone Company; James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC; and 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 27, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc01272023.mp3.  

Administration

1.      Approval of the Minutes of the Commission Meeting Held on January 5, 2023, and the Show Cause Hearing Held on January 5, 2023 (Deputy Executive Director: Leah Mohr)

         Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on January 5, 2023, and the Show Cause Hearing Held on January 5, 2023. Motion carried 3-0.

Consumer Reports

1.      Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

         The Commission received a total of 46 contacts since the last report was prepared for the January 17, 2023, Commission meeting.

         Four contacts were related to telecommunications services, 14 contacts were related to electric services, four contacts were related to natural gas services, four contacts were related to wireless services, two contacts were related to the Do Not Call Registry, five contacts were related to carbon pipelines and 13 contacts were related to issues not regulated by the PUC.

         1,728 of the 1,729 contacts received in 2022 have been resolved.
         94 of the 104 contacts received in 2023 have been resolved.

Telecommunications

1.      TC22-057        In the Matter of the Application of Beresford Municipal Telephone Company for an Amended Certificate of Authority (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

         Ms. Marlene Bennett, Consortia Consulting, representing Beresford Municipal Telephone Company (BMTC), requested the Commission grant BMTC’s request for a waiver of the provisions of ARSD Sections 20:10:32:03 (1-8), (10-22), and (24) and grant the company’s request for an amended Certificate of Authority to provide local exchange services. Ms. Kristen Edwards, staff attorney, recommended the Commission grant the company’s requests.        

         Commissioner Hanson moved to approve Beresford Municipal Telephone Company’s request for waiver and approve the company’s request for an Amended Certificate of Authority. 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; Ms. Kristen Edwards, staff attorney; and Mr. Brian Jorde, Domina Law Group, representing landowners did not object to the late-filed application for party status from Lesley Pedde.

         Commissioner Nelson moved to grant party status to Lesley Pedde. Motion carried 3-0.

         There being no further business, at the hour of 9:37 a.m., the South Dakota Public Utilities Commission meeting adjourned.

  /s/ Leah Mohr                 .
Leah Mohr
Deputy Executive Director