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South Dakota Public Utilities Commission Meeting
April 13, 2023, at 9:30 A.M. CDT
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 Adam de Hueck and Karen Cremer; 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; Consumer Affairs Manager Deb Gregg; and Staff Mikayla Frick.
Also present were Brett Koenecke of May Adam, representing SCS Carbon Transport LLC; Kara Semmler, South Dakota Telecommunications Association; and Amber Christenson.
Joining the meeting by telephone were Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing landowners; James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC; Brian Murphy and Miles Schumacher, Crowned Ridge Wind LLC; R. Shawn Tornow, Tornow Law Office, representing Linda Lindgren and Timothy Lindgren; Mollie Smith, Fredrikson & Byron PA, representing Dakota Range III LLC; Lauren Kaapcke, ENGIE North America; Jason Keil, Kyle Komata and Lynn Kendall, Black Hills Power Inc. dba Black Hills Energy; Nathan Benson, Robert Frank, Lisa Maurstad and Tara Vesey, Montana-Dakota Utilities Company; Steven Kolbeck and Eric Pauli, Northern States Power Company dba Xcel Energy; Drew O’Brien, Lloyd Companies; Michele Nielson, Sioux Valley Energy; Cory Root, MidAmerican Energy Company; and Jeff Decker, NorthWestern Energy.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, April 13, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc04132023.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on March 28, 2023 (Deputy Executive Director: Leah Mohr)
Commissioner Hanson moved to approve the Minutes of the Commission Meeting held on March 28, 2023. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 77 contacts since the last report was prepared for the March 28, 2023, Commission meeting.
Six contacts were related to telecommunications services, 20 contacts were related to electric services, two contacts were related to natural gas services, four contacts were related to wireless services, four contacts were related to the Do Not Call Registry, 21 contacts were related to carbon pipelines, and 18 contacts were related to issues not regulated by the PUC. Two contacts were referred to South Dakota One Call.
1,728 of the 1,729 contacts received in 2022 have been resolved.
379 of the 394 contacts received in 2023 have been resolved.
Hydrocarbon and Carbon Dioxide Pipeline
1. 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)
Ms. Kristen Edwards, staff attorney, requested the Commission grant staff’s motion to establish a ten-business day response deadline for discovery requests. Mr. Brett Koenecke, May Adam, representing SCS Carbon Transport LLC, and Mr. Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing landowners, did not object to staff’s request.
Commissioner Nelson moved to grant Staff’s Motion for Ten-Business Discovery Response Deadline. Motion carried 3-0.
Acting Commissioner Haeder departed the commission bench. Commissioner Fiegen assumed her place on the commission bench.
2. 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, and Mr. James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC, did not object to granting withdrawal of party status to Irma Pick, Bruce Pick, and Peggy Anderson.
Commissioner Hanson moved to grant withdrawal of party status to Irma Pick, Bruce Pick, and Peggy Anderson. Motion carried 3-0.
Telecommunications
1. TC23-005 In the Matter of the Petition of GO MD USA LLC, dba GO MD USA Mobile for Designation as an Eligible Telecommunications Carrier in the State of South Dakota for the Limited Purpose of Providing Lifeline Service to Qualifying Customers (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), requested the Commission grant SDTA party status. Ms. Amanda Reiss, staff attorney, did not object to the request.
Commissioner Fiegen moved the Commission grant party status to SDTA. Motion carried 3-0.
2. TC23-006 In the Matter of the Petition of Dish Wireless LLC, dba Gen Mobile for Designation as an Eligible Telecommunications Carrier in the State of South Dakota for the Limited Purpose of Providing Lifeline Service to Qualifying Customers (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), requested the Commission grant SDTA party status. Ms. Amanda Reiss, staff attorney, did not object to the request.
Commissioner Nelson moved the Commission grant party status to SDTA. Motion carried 3-0.
Complaint
1. CE22-001 In the Matter of the Complaint filed by Amber Christenson, Linda Lindgren and Timothy Lindgren against Crowned Ridge Wind LLC regarding Project Sound Level Compliance (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
A lengthy discussion regarding a proposed procedural schedule took place for docket CE22-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, April 13, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc04132023.mp3.
Commissioner Nelson moved to adopt the procedural scheduled proposed by commission counsel, require pre-filed testimony for hearing witnesses and establish a 20-calendar day response deadline for discovery requests with such testimony and responses due by 10:00 a.m. CDT on the due date. Motion carried 3-0.
Electric
1. EL18-046 In the Matter of the Application of Dakota Range III, LLC for a Permit of a Wind Energy Facility and a 345-kV Transmission Line in Grant and Roberts Counties (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
Mollie Smith, Fredrikson & Byron PA, representing Dakota Range III LLC, requested the Commission grant Dakota Range III’s Motion for Release of Road and Public Infrastructure Bond. Ms. Amanda Reiss, staff attorney, did not object to the request.
Commissioner Fiegen moved to grant Dakota Range III’s Motion for Release of Road and Public Infrastructure Bond.Motion carried 3-0.
2. EL23-004 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of Its 2022 Economic Development Report and 2023 Economic Development Plan (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jason Keil and Ms. Lynn Kendall, Black Hills Power Inc. dba Black Hills Energy, requested the Commission approve the 2022 Economic Development Report and the 2023 Economic Development Plan. Mr. Eric Paulson, staff analyst, recommended the Commission approve the requests.
Commissioner Hanson moved to approve Black Hills Power, Inc. dba Black Hills Energy’s 2022 Economic Development Report and its 2023 Economic Development Plan. Motion carried 3-0.
3. EL23-005 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Transmission Cost Recovery Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Ms. Lisa Maurstad, Montana-Dakota Utilities Co., requested the Commission approve the revised Transmission Cost Rider Rate and revised tariff sheet with an effective date of May 1, 2023. Mr. Joseph Rezac, staff analyst recommended the Commission approve the revised Transmission Cost Recovery Rider Rate and associated tariff sheet.
Commissioner Nelson moved to approve the revised Transmission Cost Recovery Rider rate and revised tariff sheet with an effective date of May 1, 2023. Motion carried 3-0.
4. EL23-006 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Nathan Benson, Montana-Dakota Utilities Co., requested the Commission approve the revised Infrastructure Rider Rate and revised tariff sheet with an effective date of May 1, 2023. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the revised Infrastructure Rider Rate and associated tariff sheet.
Commissioner Fiegen moved to approve the revised Infrastructure Rider Rate and revised tariff sheet with an effective date of May 1, 2023.Motion carried 3-0.
5. EL23-007 In the Matter of the Joint Request for an Electric Service Territory Boundary Change between Northern States Power Company dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Eric Pauli, Northern States Power Company dba Xcel Energy, and Ms. Michele Nielson, Sioux Valley Energy, requested the Commission approve the Service Territory Exchange Agreement between Xcel Energy and Sioux Valley Energy. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.
Commissioner Hanson moved to approve the Service Territory Exchange Agreement between Xcel Energy and Sioux Valley Energy. Motion carried 3-0.
6. EL23-008 In the Matter of the Filing of Northern States Power Company dba Xcel Energy for Approval of Its 2022 Economic Development Activities and 2023 Budget (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Eric Pauli, Northern States Power Company dba Xcel Energy (Xcel), requested the Commission approve Xcel’s 2022 Economic Development Report and its 2023 Economic Development Budget. Mr. Eric Paulson, staff analyst, recommended the Commission approve Xcel’s request.
Commissioner Nelson moved to approve Xcel Energy’s 2022 Economic Development Report and its 2023 Economic Development Budget.Motion carried
3-0.
7. EL23-009 In the Matter of the Request by Lloyd Companies for a Variance from the Individual Metering Requirement in ARSD 20:10:26:03 for The Grove at Ellis Crossing in Sioux Falls (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
Mr. Darren Kearney, staff analyst, stated Lloyd Companies’ project, The Grove at Ellis Crossing, qualifies under the exception to the individual metering requirement for natural gas and electric service pursuant to ARSD 20:10:26:04(6), and recommended the docket be closed. Mr. Drew O’Brien, Lloyd Companies, supported staff’s recommendation.
Commissioner Nelson moved the project meets the exception in ARSD 20:10:26:04(6) and to close the docket.Motion carried 3-0.
8. EL23-010 In the Matter of the Request by Lloyd Companies for a Variance from the Individual Metering Requirement in ARSD 20:10:26:03 for Jefferson Village Apartments II in Sioux Falls (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
Mr. Darren Kearney, staff analyst, stated Lloyd Companies’ project, Jefferson Village Apartments II, qualifies under the exception to the individual metering requirement for natural gas and electric service pursuant to ARSD 20:10:26:04(6), and recommended the docket be closed. Mr. Drew O’Brien, Lloyd Companies, supported staff’s recommendation.
Commissioner Nelson moved the project meets the exception in ARSD 20:10:26:04(6) and to close the docket.Motion carried 3-0.
Natural Gas
1. NG06-001 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac, Staff Attorney: Amanda Reiss)
Mr. Patrick Steffensen, staff analyst, recommended the Commission release MidAmerican Energy Company from the biannual reporting requirement. Mr. Cory Root, MidAmerican Energy Company, did not object.
Commissioner Fiegen moved to release MidAmerican Energy Company from the biannual reporting requirement. Motion carried 3-0.
2. NG23-009 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with POET Biorefining - Groton, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with POET Biorefining - Groton, LLC and the associated tariff revisions with an effective date of May 1, 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 POET Biorefining - Groton, LLC and the associated tariff revisions with an effective date of May 1, 2023. Motion carried 3-0.
There being no further business, at the hour of 11:06 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
April 13, 2023
