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South Dakota Public Utilities Commission Meeting
April 27, 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; Commission Attorneys Adam de Hueck and Karen Cremer; Staff Attorneys Kristen Edwards and Amanda Reiss; Staff Analysts Darren Kearney and Jon Thurber; Grain Warehouse Manager Cody Chambliss; Finance Manager Cindy Kemnitz; Consumer Affairs Manager Deb Gregg; and Staff Mikayla Frick.

     Also present were Jeremey Frost, Banghart Properties; Robert Konrad, Konrad Law Prof.  representing Banghart Properties; and Amber Christenson.

     Joining the meeting by telephone were Michael Nadolski, Lynn, Jackson, Shultz and Lebrun, PC representing Crowned Ridge Wind LLC; Brian Murphy, Crowned Ridge Wind LLC; Bruce Jones and Carrie DeLange, Faegre Drinker Biddle & Reath LLP representing Valero Renewable Fuels Company LLC; James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC; 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, April 27, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc04272023.mp3.

     (Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.

Consumer Reports

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

     The Commission received a total of 64 contacts since the last report was prepared for the April 13, 2023, Commission meeting.

     Five contacts were related to telecommunications services, 11 contacts were related to electric services, five contacts were related to wireless services, two contacts were related to the Do Not Call Registry, two contacts were related to wind energy, 20 contacts were related to carbon pipelines, and 19 contacts were related to issues not regulated by the PUC.

     1,728 of the 1,729 contacts received in 2022 have been resolved.
     440 of the 458 contacts received in 2023 have been resolved.

Administration

1.      AA23-001       Establishment of the Gross Receipts Tax Levy for Fiscal Year 2024 (Finance Manager: Cindy Kemnitz, Staff Attorney: Kristen Edwards)

     Ms. Cindy Kemnitz, finance manager, requested the Commission establish the rate and assess the Gross Receipt Tax as authorized in SDCL 49-1A-3.

     Commissioner Nelson moved to establish the rate and assess the Gross Receipts Tax as authorized in SDCL 49-1A-3 of $0.0015 or $250, whichever amount is greater. 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)

     Mr. Michael Nadolski, Lynn, Jackson, Shultz and Lebrun, PC representing Crowned Ridge Wind LLC (Crowned Ridge), requested the Commission grant Crowned Ridge’s Motion for Protective Order. Complainant Ms. Amber Christenson requested the Commission deny  the motion.

     Commissioner Nelson moved to grant the Motion for Protective Order. 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)

     Ms. Carrie DeLange, Faegre Drinker Biddle & Reath LLP representing Valero Renewable Fuels Company LLC (Valero) requested the Commission grant Valero’s late-filed party status. Mr. James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC and Ms. Kristen Edwards, staff attorney, did not object to the request. Mr. Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing landowners, objected to the request.

     Commissioner Hanson moved to deny late-filed party status to Valero Renewable Fuels Company, LLC. Motion carried, 2-1. Commissioner Fiegen dissenting.


ADDENDUM TO THE AGENDA OF THE COMMISSION MEETING


Grain Warehouse

1.      GW23-001      In the Matter of PUC Staff’s Complaint Against Banghart Properties, LLC, Gettysburg, South Dakota (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorney: Amanda Reiss)

     Mr. Robert Konrad, Konrad Law Prof. representing Banghart Properties LLC (Banghart), requested the Commission grant Banghart’s Motion to Allow Telephonic or Video Testimony at the April 27, 2023, evidentiary hearing for the docket. Ms. Amanda Reiss, staff attorney, did not object.

     Commissioner Hanson moved togrant Banghart’s Motion to Allow Telephonic or Video Testimony. Motion carried 3-0.

     There being no further business, at the hour of 10:14 a.m., the South Dakota Public Utilities Commission meeting adjourned.

 

  /s/ Leah Mohr               .

Leah Mohr
Deputy Executive Director
puc@state.sd.us
April 27, 2023