Commission Minutes | previous page
South Dakota Public Utilities Commission Meeting
May 9, 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 Attorney Adam de Hueck; Staff Attorney Amanda Reiss; Staff Analyst Brittany Mehlhaff; Grain Warehouse Manager Cody Chambliss; Consumer Affairs Manager Deb Gregg; and Staff Mikayla Frick.
Also present were Jan Banghart, Banghart Properties; Robert Konrad, Konrad Law Prof. representing Banghart Properties; Kathy Zander, South Dakota Agri-Business Association; Tim Luken, Oahe Grain; Brenda Forman, South Dakota Association of Cooperatives; Jeremey Frost; and Wade Hardes.
Joining the meeting by telephone was Commission Attorney Karen Cremer.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, May 9, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc05092023.mp3.
Administration
- Approval of the Minutes of the Commission Meetings Held on April 13 and April 27, 2023 (Deputy Executive Director: Leah Mohr)
Commissioner Nelson moved to approve the Minutes of the Commission Meetings held on April 13 and April 27, 2023. Motion carried 3-0.
Consumer Reports
- Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 59 contacts since the last report was prepared for the April 27, 2023, Commission meeting.
Seven contacts were related to telecommunications services, 15 contacts were related to electric services, four contacts were related to natural gas services, three contacts were related to wireless services, one contact was related to the Do Not Call Registry, one contact was related to wind energy, 15 contacts were related to carbon pipelines, and 12 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.
499 of the 517 contacts received in 2023 have been resolved.
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)
A lengthy discussion took place for docket GW23-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, May 9, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc05092023.mp3.
Commissioner Nelson moved to grant Staff’s Motion to Reopen the Record and Allow Additional Testimony. Motion carried, 2-1. Commissioner Hanson dissenting.
Commissioner Fiegen moved to find good cause for staff to deny Banghart Properties a Class A license. Motion carried, 3-0.
Items for Commission Discussion
Commissioner Nelson requested staff provide a procedural status update regarding docket EL22-017 - In the Matter of the Application of Northern States Power Company dba Xcel Energy for Authority to Increase its Electric Rates. Ms. Brittany Mehlhaff, staff analyst, stated that PUC Staff and Xcel Energy have reached a settlement, in principle, and that staff anticipates bringing the docket for commission decision on June 6, 2023.
Public Comment
Mr. Tim Luken, Oahe Grain, made public comments regarding docket GW23-001 and regarding open contracts producers may have with Banghart Properties, LLC. Mr. Jeremey Frost made public comments regarding payment to grain producers.
There being no further business, at the hour of 12:34 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
May 9, 2023
