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South Dakota Public Utilities Commission Meeting
June 6, 2023, at 1:30 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Chairperson Kristie Fiegen called the meeting to order. Present were Commissioner Chris Nelson and Commissioner Gary Hanson; Commission Attorneys Karen Cremer and Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorneys Kristen Edwards and Amanda Reiss; Staff Analysts Brittany Mehlhaff, Eric Paulson, Joseph Rezac and Patrick Steffensen; Grain Warehouse Manager Cody Chambliss; Consumer Affairs Manager Deb Gregg; and Staff Mikayla Frick.
Also present were Darla Pollman Rogers, Riter Rogers, LLP representing the Fiber Ring Revenue-Pooling Association; Brett Koenecke and Cody Honeywell, May Adam, representing Montana-Dakota Utilities Co.; Rick Banghart, Jan Banghart, Wade Hardes and Jeremey Frost, Banghart Properties; Robert Konrad, Konrad Law Prof. representing Banghart Properties; Brenda Forman, South Dakota Association of Cooperatives; Kathy Zander, South Dakota Agri-Business Association; Benj Halama, Chris Shaw, Lisa Peterson and Ian Dobson, Northern States Power Company dba Xcel Energy; Brian Rounds, AESL Consulting; and Joey Snyder.
Joining the meeting by telephone were Denny Law and Sarah Tuntland, FRRPA; James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC; Jason Grenier, Otter Tail Power Company; Farah Mandich and Mike Donahue, Northern States Power Company dba Xcel Energy; and Dave Peterson, Basil Copeland and Kavita Maini, representing PUC Staff.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, June 6, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc06062023.mp3.
(Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.
Administration
- Approval of the Minutes of the Commission Meeting Held on May 23, 2023 (Deputy Executive Director: Leah Mohr)
Commissioner Hanson moved to approve the Minutes of the Commission Meeting held on May 23, 2023. Motion carried 3-0.
Consumer Reports
- Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 63 contacts since the last report was prepared for the May 23, 2023, Commission meeting.
Three contacts were related to telecommunications services, 16 contacts were related to electric services, three contacts were related to natural gas services, nine contacts were related to wireless services, three contacts were related to the Do Not Call Registry, 14 contacts were related to carbon pipelines and 12 contacts were related to issues not regulated by the PUC. Three contacts were referred to South Dakota One Call.
1,728 of the 1,729 contacts received in 2022 have been resolved.
603 of the 631 contacts received in 2023 have been resolved.
Telecommunications
1. TC23-007 In the Matter of the Petition of Fiber Ring Revenue-Pooling Association for Approval of a Tiered Rate Structure for Certain Traffic Classes (Staff Analyst: Joseph Rezac, Staff Attorney: Amanda Reiss)
Ms. Darla Pollman Rogers, Riter Rogers, LLP representing the Fiber Ring Revenue-Pooling Association (FRRPA), requested the Commission approve the association’s request. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.
Commissioner Nelson moved to approveFRRPA’s proposed tiered rate structure in Attachment A as filed in the docket. 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)
Mr. James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC, did not object to granting withdrawal of party status to Timothy Scherb.
Commissioner Hanson moved to grant withdrawal of party status to Timothy Scherb. Motion carried 3-0.
Natural Gas
1. NG23-012 In the Matter of the Petition by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Extension of Test Period (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Brett Koenecke, May Adam, representing Montana-Dakota Utilities Co. (MDU) requested the commission approve MDU’s petition. Ms. Amanda Reiss, staff attorney, did not object to the request.
Commissioner Fiegen moved to approve MDU’s Petition for Extension of Test Period. Motion carried 3-0.
Electric
1. EL23-012 In the Matter of Otter Tail Power Company’s 2022 South Dakota Energy Efficiency Plan Status Report and 2023 Annual Filing to Update the Energy Efficiency Adjustment Rider (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Jason Grenier, Otter Tail Power Company, requested the Commission approve Otter Tail’s 2022 Energy Efficiency Plan Status Report, the 2022 Financial Incentive of $157,500, and approve the proposal that the Energy Efficiency Adjustment Factor be lowered to $0.00160/kWh for July 2023 through June 2024. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the company’s request.
Commissioner Nelson moved to approve Otter Tail Power Company’s 2022 Energy Efficiency Plan Status Report, the 2022 Financial Incentive of $157,500 and the proposal that the Energy Efficiency Adjustment Factor be lowered to $0.00160/kWh for July 2023 through June 2024. Motion carried 3-0.
2. EL23-014 In the Matter of the Petition by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Extension of Test Period (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Brett Koenecke, May Adam, representing Montana-Dakota Utilities Co. (MDU) requested the commission approve MDU’s petition. Ms. Amanda Reiss, staff attorney, did not object to the request.
Commissioner Fiegen moved to approve MDU’s Petition for Extension of Test Period. Motion carried 3-0.
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, June 6, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc06062023.mp3.
Commissioner Fiegen moved to set a hearing on June 21, 2023, to consider the complaint and approval of a Class B Grain Buyer License for Banghart. Motion carried 3-0.
Electric Continued
3. EL22-017 In the Matter of the Application of Northern States Power Company dba Xcel Energy for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket EL22-017. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, June 6, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc06062023.mp3.
Commissioner Nelson moved to grant the Joint Motion for Approval of Settlement Stipulation and approve the rates, tariff sheets, terms and conditions stipulated therein and to approve Xcel’s Interim Refund Plan. Motion carried 3-0.
There being no further business, at the hour of 4:11 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
June 6, 2023
