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South Dakota Public Utilities Commission Meeting
July 11, 2023, at 9:00 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 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, Joseph Rezac, Patrick Steffensen and Jon Thurber; and Staff Mikayla Frick.

         Also present were James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC; John Taylor, Taylor Law Firm, representing the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada; Ellie Bailey, Riter Rogers LLP, representing South Dakota Rural Electric Association and South Dakota Association of Rural Water Systems; and David Smith.

         Joining the meeting by telephone were Laura Julius, Steve Meyer, Curt Kabris, City of Brookings Municipal Telephone; Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy and Pendergast, representing City of Brookings; Ryan Thompson, Santel Communications; Doug Eidahl, Vantage Point, representing Santel Communications; Ryan Taylor, Cutler Law Firm, representing TrioTel Communications Inc.; Patrick Phipps, Peerless Network of South Dakota LLC; Pamela Bonrud, NorthWestern Energy; Nathan Runke, Great Plains Laborers’ District Council and International Union of Operating Engineers, Local 49; Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing landowner intervenors; and Brian Jorde, Domina Law Group, representing landowner intervenors.

         An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, July 11, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc07112023.mp3.

Administration

1.         Approval of the Minutes of the Commission Meeting Held on June 20, 2023 (Deputy Executive Director: Leah Mohr)

         Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on June 20, 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 86 contacts since the last report was prepared for the June 20, 2023, Commission meeting.

         Ten contacts were related to telecommunications services, 29 contacts were related to electric services, five contacts were related to natural gas services, one contact was related to gas and electric services, one contact was related to wireless services, two contacts were related to the Do Not Call Registry, 23 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.
         754 of the 772 contacts received in 2023 have been resolved.

Telecommunications

1.         In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC23-010, TC23-011 and TC23-014

            TC23-010        In the Matter of the Request of City of Brookings Municipal Telephone for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391650) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)

         Ms. Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy and Prendergast, representing City of Brookings Municipal Telephone requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request.

            TC23-011        In the Matter of the Request of Santel Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391676) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)

         Mr. Doug Eidahl, Vantage Point, representing Santel Communications requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s request.

            TC23-014        In the Matter of the Request of TrioTel Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: McCook 391669 and Tri-County Telecom 391682) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)

         Mr. Ryan Taylor, Cutler Law Firm, representing TrioTel Communications Inc. requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request.

         Commissioner Nelson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets. Motion carried 3-0.

2.         TC23-015        In the Matter of the Filing of Peerless Network of South Dakota, LLC for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         Mr. Patrick Phipps, Peerless Network of South Dakota LLC, requested the Commission approve the company’s requested tariff revisions with an effective date of August 2, 2023. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.

         Commissioner Fiegen moved to approve the company’s requested tariff changes effective August 2, 2023. Motion carried 3-0.

Electric

1.         EL23-016        In the Matter of the Application of Northwestern Corporation dba NorthWestern Energy for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)

         Ms. Amanda Reiss, staff attorney, requested the Commission suspend the imposition of the tariff for 180 days beyond June 15, 2023; assess a filing fee for actual expenses not to exceed $250,000; and authorize the Executive Director to enter into necessary consulting contracts. Ms. Pamela Bonrud, NorthWestern Energy, supported the request. 

         Commissioner Hanson moved to suspend the imposition of the tariff for 180 days beyond June 15, 2023; assess a filing fee for actual expenses not to exceed $250,000; and authorize the Executive Director to enter into necessary consulting contracts. 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)

         A lengthy discussion took place for docket HP22-002. An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, July 11, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc07112023.mp3. 
Commissioner Nelson moved to grant Navigator’s motion that if a party is represented by counsel, only counsel may conduct cross-examination. Motion carried 3-0.

         Commissioner Nelson moved to grant Navigator’s motion to limit cross-examination to the scope of direct examination. Motion carried 2-1. Feigen dissenting.

         Commissioner Nelson moved to grant Navigator’s motion to limit cross-examination and re-direct examination to one round. Commissioner Fiegen moved a substitute motion to deny Navigator’s motion to limit cross-examination and re-direct examination to one round. Substitute Motion carried 2-1. Commissioner Nelson dissenting

         Commissioner Nelson moved to defer Navigator’s motion to memorialize August 5, 2023, as the hearing’s end date. Motion carried 3-0.

         Commissioner Nelson moved to deny Navigator’s motion to limit the time allowed for any party to cross-examine a witness. Motion carried 3-0.

          Commissioner Nelson moved to deny Navigator’s motion to exclude redundant and verbatim testimony but to grant Navigator’s request that direct testimony be restricted to what the witness has offered in prefiled testimony.  Motion carried 3-0.

         Commissioner Nelson moved to deny Navigator’s motion to exclude the testimony of Mr. Curtis Jundt, except for references to 24-inch pipe; and grant Navigator’s motion to exclude the testimony of Mr. Loren Staroba, Mr. Marvin Lugert, Mr. Marvin Abraham, Ms. Becky Poss and Mr. Berton Risty. Commissioner Fiegen moved a substitute motion to grant Navigator’s motion to exclude the testimony of Mr. Loren Staroba and Mr. Marvin Lugert; and deny Navigator’s motion to exclude the testimony of Mr. Marvin Abraham but exclude Mr. Abraham’s Attachment 1. Substitute Motion failed 1-2. Hanson and Nelson dissenting.

         Back to the original motion. Motion failed 1-2. Commissioner Fiegen and Commissioner Hanson dissenting. Motion was lost.

         Commissioner Nelson moved to deny Navigator’s motion to exclude the testimony of Mr. Curtis Jundt, except for references to 24-inch pipe.  Motion carried 3-0.

         Commissioner Nelson moved to grant Navigator’s motion to exclude the testimony of Mr. Loren Staroba. Motion carried 2-1. Commissioner Hanson dissenting.

         Commissioner Nelson moved to grant Navigator’s motion exclude the testimony of Mr. Marvin Lugert. Motion carried 2-1. Commissioner Hanson dissenting.

         Commissioner Fiegen moved to deny Navigator’s motion to exclude the testimony of Mr. Marvin Abraham but to exclude Mr. Abraham’s Attachment 1. Motion carried 2-1. Commissioner Nelson dissenting.

         Commissioner Nelson moved to grant Navigator’s motion to exclude the testimony of Mr. Berton Risty and Ms. Becky Poss. Motion carried 3-0.

         Commissioner Fiegen moved to grant Navigator’s motion for a pre-hearing conference and for the parties to hold an additional pre-hearing conference to stipulate to exhibits. Motion carried 3-0.

         Commissioner Nelson moved to grant United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO’s motion for time certain for witness testimony. Motion carried 3-0.

Items for Commission Discussion

1.         Commission Counsel schedule clarification and reminder for Navigator hearing

         The procedural schedule set the hearing for HP22-002 for July 25 – August 3, 2023. Due to a prior commitment, the venue is not available on July 28-30 (Friday-Sunday), making a schedule adjustment necessary. Therefore, the hearing will recess at the end of the day on July 27 and reconvene on July 31 through August 5.

         There being no further business, at the hour of 11:26 a.m., the South Dakota Public Utilities Commission meeting adjourned.

 

  /s/ Leah Mohr                 .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
July 11, 2023