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South Dakota Public Utilities Commission Meeting
February 9, 2023, at 2:00 P.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; Acting Commissioner Josh Haeder; Commission Attorneys Karen Cremer and Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorney Kristen Edwards; Staff Analysts Darren Kearney, Eric Paulson and Jon Thurber; and Staff Mikayla Frick.
Also present were Cody Honeywell, Brett Koenecke and Aaron Scheibe of May Adam, representing SCS Carbon Transport LLC; Bill Van Camp of Olinger, Lovald, McCahren, Van Camp & Thompson P.C. representing Ringneck Energy LLC, Dakota Ethanol LLC, Glacial Lakes Energy LLC, and Redfield Energy LLC; Ed Fischbach; Joell Fischbach; Dan Janssen; Kay Lapka; Mark Lapka; Jacqueline Leibel; Cindy Menning; Crystal Page; Jay Poindexter; Jennifer Poindexter-Runge; Clayton Rentschler; Rick Schulz; Wendy Schulz; Nathan Spilde; Gary Schauer; Kenneth Shafer; Sam Schauer; Scott Schauer; Linda Schauer; Jodi Waltman; James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC.
Joining the meeting by telephone were Consumer Affairs Manager Deb Gregg; Stuart Tommerdahl and Jason Weiers, Otter Tail Power Company; Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing landowners; 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, February 9, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc02092023.mp3.
Administration
1. Approval of the Minutes of the Commission Meetings Held on January 17 and 27, 2023 (Deputy Executive Director: Leah Mohr)
Commissioner Nelson moved to approve the Minutes of the Commission Meetings held on January 17 and 27, 2023. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 66 contacts since the last report was prepared for the January 27, 2023, Commission meeting.
Nine contacts were related to telecommunications services, 23 contacts were related to electric services, six contacts were related to natural gas services, two contacts were related to wireless services, three contacts were related to the Do Not Call Registry, four contacts were related to carbon pipelines, one contact was related to wind energy and 17 contacts were related to issues not regulated by the PUC. One contact was referred to South Dakota One Call.
1,728 of the 1,729 contacts received in 2022 have been resolved.
156 of the 170 contacts received in 2023 have been resolved.
Electric
1. EL22-031 In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Stuart Tommerdahl, Otter Tail Power Company, requested the Commission approve the company’s requested tariff revisions with an effective date of March 1, 2023. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s tariff revision request and assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date.
Commissioner Hanson moved to approve the tariff revisions and TCR rate factors with an effective date of March 1, 2023, and assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred commencing from the filing date. 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, February 9, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc02092023.mp3.
Commissioner Nelson moved to deny Landowners’ Motion to Return Application. Motion carried 2-1. Commissioner Hanson dissenting.
Without taking action, the Commission directed commission counsel to work with the parties to consider revisions to the procedural schedule and bring any proposals for change to the next commission meeting.
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, February 9, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc02092023.mp3.
Acting Commissioner Haeder moved to deny Applicant’s Motion to Reconsider Procedural Schedule. Motion carried 3-0.
Commissioner Hanson moved to deny Applicant’s Motion for a Definitive Date for Final Decision and Order. Motion failed 1-2.
Commissioner Nelson moved to grant Applicant’s Motion for a Definitive Date for Final Decision and Order and set November 15, 2023, as the date for a final decision and order. Motion carried 3-0.
There being no further business, at the hour of 3:34 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
February 9, 2023
