Consumer Assistance | Energy | Telecom | Warehouse | Commission Actions | Miscellaneous
arrow Commission Minutes | previous page

South Dakota Public Utilities Commission Meeting
February 28, 2023, at 1:30 P.M. CST
Matthew Training Center, Foss Building
Pierre, South Dakota

MINUTES OF COMMISSION MEETING

     Commission Vice Chairman Gary Hanson called the meeting to order. Present were Commissioner Chris Nelson; Commission Attorneys Karen Cremer and Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorneys Kristen Edwards and Amanda Reiss; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Joseph Rezac, Patrick Steffensen and Jon Thurber; and Staff Mikayla Frick.

     Also present were Jeff Decker, NorthWestern Energy; and Phil Torres, Capital Journal.

     Joining the meeting by telephone were Commissioner Kristie Fiegen; Consumer Affairs Manager Deb Gregg; Bleau LaFave and Reed McKee, NorthWestern Energy; Gretchen Kraemer, MidAmerican Energy Company; Melanie Carpenter, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC.; Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing landowners; and Stephanie Bosch, Jeremy Fischer, Travis Jacobson and Larry Oswald, Montana-Dakota Utilities Co.

     An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, February 28, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc02282023.mp3.

Administration

1.     Approval of the Minutes of the Commission Meeting Held on February 9, 2023 (Deputy Executive Director: Leah Mohr)

     Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on February 9, 2023. Motion carried 3-0.

Consumer Reports

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

     The Commission received a total of 53 contacts since the last report was prepared for the February 9, 2023, Commission meeting.

     Seven contacts were related to telecommunications services, 18 contacts were related to electric services, four contacts were related to natural gas services, six contacts were related to wireless services, one contact was related to the Do Not Call Registry, eight contacts were related to carbon pipelines, one contact was referred to the Grain Warehouse Program and eight contacts were related to issues not regulated by the PUC.

     1,728 of the 1,729 contacts received in 2022 have been resolved.
     200 of the 223 contacts received in 2023 have been resolved.

Electric

1.     EL23-002     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of its Power Plant Study Costs Regulatory Asset (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

     A lengthy discussion took place for docket EL23-002. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, February 28, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc02282023.mp3.

     Commissioner Hanson moved to grant NorthWestern Energy’s request for deferred accounting treatment of costs associated with the nuclear plant study and the creation of an associated regulatory asset for costs paid beginning March 1, 2023, including 2024 study costs, subject to conditions outlined in the PUC Staff’s memo. Motion carried 3-0.

2.     EL23-003     In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions regarding Its 2022 Transmission Cost Recovery Reconciliation and 2023 Transmission Cost Recovery Factors (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

     Ms. Amanda Reiss, staff attorney, recommended the Commission 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. Ms. Gretchen Kraemer, MidAmerican Energy Company, did not object to the filing fee.

     Commissioner Fiegen moved to 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. 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 28, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc02282023.mp3.

     Commissioner Nelson moved to grant withdrawal of party status to Joyce Swanson. Motion carried 3-0.

     Commissioner Hanson moved to grant Staff’s Motion to Amend Procedural Schedule and to include Navigator’s request for a substantive motion deadline of June 26, 2023. Motion carried 3-0.

     Commissioner Nelson moved to approve Navigator Heartland Greenway, LLC’s Motion for Protective Order subject to amending paragraph 2 as discussed during the meeting. Motion carried 3-0.

Natural Gas

1.     NG22-011     In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of Authority to Establish North Deadwood Expansion Area Surcharge Rate 75 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

     Ms. Stephanie Bosch, Montana-Dakota Utilities Co., requested the Commission grant the company authority to establish the New Deadwood Expansion Area Surcharge Rate 75, and approve associated tariff revisions with an effective date of March 1, 2023. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the company’s requests consistent with the recommendations included in staff’s memorandum.

     Commissioner Nelson moved to grant Montana-Dakota Utilities Co. authority to establish the New Deadwood Expansion Area Surcharge Rate 75 and approve associated tariff revisions with an effective date of March 1, 2023, subject to the recommendations included in Commission staff’s memorandum. Motion carried 3-0.

2.     NG23-002     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Brookings Biogas LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

     Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with Brookings Biogas LLC and the associated tariff revisions with an effective date of March 1, 2023. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the company’s request.

     Commissioner Fiegen moved to approve NorthWestern Energy’s contract with deviations with Brookings Biogas LLC and the associated tariff revisions with an effective date of March 1, 2023. Motion carried 3-0.

3.     NG23-003     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Hamlin RNG LLC (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

     Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with Hamlin RNG LLC and the associated tariff revisions with an effective date of March 15, 2023. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.

     Commissioner Hanson moved to approve NorthWestern Energy’s contract with deviations with Hamlin RNG LLC and the associated tariff revisions with an effective date of March 15, 2023. Motion carried 3-0.

4.     NG23-005     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Dakota Protein Solutions, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

     Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with Dakota Protein Solutions, LLC and the associated tariff revisions with an effective date of March 15, 2023. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.

     Commissioner Fiegen moved to approve NorthWestern Energy’s contract with deviations with Dakota Protein Solutions, LLC and the associated tariff revisions with an effective date of March 15, 2023. Motion carried 3-0.

5.     NG23-006     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with POET Biorefining - Chancellor, LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

     Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with POET Biorefining - Chancellor, LLC and the associated tariff revisions with an effective date of March 1, 2023, on less than 30 days’ notice. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the company’s request.

     Commissioner Hanson moved to approve NorthWestern Energy’s contract with deviations with POET Biorefining - Chancellor, LLC and the associated tariff revisions with an effective date of March 1, 2023, on less than 30 days’ notice. Motion carried 3-0.

6.     NG23-007     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with NuGen Energy, LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

     Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with NuGen Energy, LLC and the associated tariff revisions with an effective date of March 1, 2023, on less than 30 days’ notice. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the company’s request.

     Commissioner Nelson moved to approve NorthWestern Energy’s contract with deviations with NuGen Energy, LLC and the associated tariff revisions with an effective date of March 1, 2023, on less than 30 days’ notice. Motion carried 3-0.

     There being no further business, at the hour of 3:10 p.m., the South Dakota Public Utilities Commission meeting adjourned.

 

 /s/ Leah Mohr                 .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
February 28, 2023