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South Dakota Public Utilities Commission Meeting
June 20, 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 Attorney Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorneys Kristen Edwards and Amanda Reiss; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Patrick Steffensen and Jon Thurber; and Staff Mikayla Frick.

         Joining the meeting by telephone were Mary Zanter, PUC Pipeline Safety Program Manager; Jason Topp, Qwest Corporation dba CenturyLink QC; James Groft and Jim Cremer, James Valley Wireless; Amber Stalboerger, Otter Tail Power Company; James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC; Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing landowner intervenors; and Melissa Baruth, Pam Bonrud, Jeff Decker and Brad Wenande, NorthWestern Energy.

         An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, June 20, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc06062023.mp3.

Administration

1.      Approval of the Minutes of the Commission Meeting Held on June 6, 2023 (Deputy Executive Director: Leah Mohr)

         Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on June 6, 2023. Motion carried 3-0.

Consumer Reports

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

         The report was presented by Ms. Kristen Edwards, staff attorney. The Commission received a total of 55 contacts since the last report was prepared for the June 6, 2023, Commission meeting.

         Nine contacts were related to telecommunications services, 17 contacts were related to electric services, five contacts were related to natural gas services, two contacts were related to wireless services, two contacts were related to the Do Not Call Registry, three contacts were related to carbon pipelines and 16 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.

         668 of the 686 contacts received in 2023 have been resolved.

Telecommunications

1.      TC23-008        In the Matter of the Filing of Qwest Corporation dba CenturyLink QC for Approval of Revisions to Its Access Service Tariff (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

         Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, requested the Commission approve the tariff revisions. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the request.

         Commissioner Nelson moved to approve the requested tariff changes. Motion carried 3-0.

2.      TC23-009        In the Matter of the Approval of the Wireless Mid-Span Meet POI Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and James Valley Wireless, LLC (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

         Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission approve the interconnection agreement between CenturyLink and James Valley Wireless, LLC. Mr. Jim Cremer and Mr. James Groft, James Valley Wireless, supported the request. Ms. Amanda Reiss, staff attorney, recommended that the Commission approve the request.

         Commissioner Hanson moved to approve the Interconnection Agreement. Motion carried 3-0.

Electric

1.      EL23-015        In the Matter of Otter Tail Power Company’s Petition for Approval of Rate Schedule, Section 13.09, Phase-In Rider (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

         Ms. Kristen Edwards, staff attorney, recommended that the Commission assess Otter Tail Power Company (Otter Tail), a filing fee in the amount of up to $250,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Ms. Amber Stalboerger, Otter Tail Power Company, stated Otter Tail does not object to the request.

         Commissioner Fiegen moved to assess a filing fee in the amount of up to $250,000 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)

         Ms. Kristen Edwards, staff attorney, requested the Commission order August 2-3, 2023, as dates during the evidentiary hearing for the Commission to hear testimony from certain staff witnesses that are traveling from out of state or have a scheduling conflict. Ms. Edwards asked the Commission to grant staff’s Motion for Time Certain for Witness Testimony. Mr. James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC; and Mr. Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing landowner intervenors, did not object to the request.

         Commissioner Nelson moved to grant staff’s Motion for Time Certain for Witness Testimony. Motion carried 3-0.

Natural Gas

1.      NG23-008       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Schneck Farms Inc. (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 Schneck Farms, Inc. and the associated tariff revisions with an effective date of June 21, 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 Schneck Farms, Inc. and the associated tariff revisions with an effective date of June 21, 2023. Motion carried 3-0.
        

2.      NG23-011       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Clark 2 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 Clark 2 RNG LLC and the associated tariff revisions with an effective date of June 21, 2023. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.

         Commissioner Nelson moved to approve NorthWestern Energy’s contract with deviations with Clark 2 RNG LLC and the associated tariff revisions with an effective date of June 21, 2023. Motion carried 3-0.

        
Pipeline Safety

1.      PS23-001        In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Partial Waiver from South Dakota Administrative Rule 20:10:37:18(1) (Pipeline Safety Program Manager: Mary Zanter; Staff Attorney: Kristen Edwards)

         Ms. Pam Bonrud and Ms. Melissa Baruth, NorthWestern Energy, requested the Commission approve NorthWestern’s request for a partial waiver of ARSD 20:10:37:18(1). Ms. Mary Zanter, Pipeline Safety Program Manager, recommended the Commission approve the request.

         Commission Fiegen moved togrant NorthWestern’s request for a partial waiver of ARSD 20:10:37:18(1). Motion carried 3-0.

         There being no further business, at the hour of 2:03 p.m., the South Dakota Public Utilities Commission meeting adjourned.

  /s/ Leah Mohr               .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
June 20, 2023