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South Dakota Public Utilities Commission Meeting
August 29, 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; Commission Attorney Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorneys Kristen Edwards, Amanda Reiss, and Logan Schaefbauer; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Joseph Rezac, Patrick Steffensen and Jon Thurber; and Administrative Staff Mikayla Frick.
Also present were Bruce Hanson, Fort Randall Telephone Company; Darla Pollman Rogers, Riter Rogers LLP, representing Clarity Telecom LLC dba Bluepeak Fiber; Lucas Peterson, Clarity Telecom LLC dba Bluepeak Fiber; Cody Honeywell, May Adam, representing SCS Carbon Transport LLC; Brett Koenecke, May Adam, representing SCS Carbon Transport LLC and Montana-Dakota Utilities Co.; Jess Vilsack, SCS Carbon Transport LLC; Bill Van Camp, Olinger, Lovald, McCahren, Van Camp & Thompson P.C., representing Ringneck Energy LLC, Dakota Ethanol LLC, Glacial Lakes Energy LLC, and Redfield Energy LLC; David Smith, South Dakota Farmers Union; and Lawrence Bender.
Joining the meeting by telephone were Commissioner Gary Hanson and Acting Commissioner Josh Haeder; Consumer Affairs Manager Deb Gregg; Jason Topp, Qwest Corporation dba CenturyLink QC; Daryl Elcock, Eric Fligel, Carolyn Hadden, and Cash Hagen, Clarity Telecom LLC dba Bluepeak Fiber; Jon Boike, JSI; Colton Cooper, RPG Energy Group; Brian Jorde, Domina Law Group, representing landowner intervenors; Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing landowner intervenors; Kara Semmler, South Dakota Telecommunications Association; Steven Kolbeck and Eric Pauli, Northern States Power Company dba Xcel Energy.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, August 29, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc08292023.mp3.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The report was presented by Mr. Logan Schaefbauer, staff attorney. The Commission received a total of 54 contacts since the last report was prepared for the August 15, 2023, Commission meeting.
Nine contacts were related to telecommunications services, 10 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 the Dakota Access Pipeline, 11 contacts were related to carbon pipelines and 14 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.
967 of the 987 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 TC23-022, TC23-035 and TC23-038
TC23-022 In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391660) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
Mr. Bruce Hanson, Fort Randall Telephone Company, 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.
TC23-035 In the Matter of the Request of Qwest Corporation dba CenturyLink QC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 395145) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, 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.
TC23-038 In the Matter of the Request of Clarity Telecom, LLC dba Bluepeak Fiber for Certification Regarding Its Use of Federal Universal Service Support (Study Area: ILEC–391652 and CLEC–399006) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Clarity Telecom LLC dba Bluepeak Fiber; and Mr. Lucas Peterson, Clarity Telecom LLC dba Bluepeak Fiber, 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 Fiegen 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 docket TC23-022 and defer action on dockets TC23-035 and TC23-038. Motion carried 3-0.
Electric
1. EL23-018 In the Matter of the Request by RPG Energy Group on behalf of Elmington Capital Group, LLC for a Variance from the Individual Metering Requirement in ARSD 20:10:26:03 for a 200 family unit and 49 senior unit project in Rapid City, SD (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Colton Cooper, RPG Energy Group, requested the Commission grant the Master Metering Variance request to Elmington Capital Group, LLC. Mr. Eric Paulson, staff analyst, recommended the Commission grant the company’s request.
Commissioner Nelson moved to grant the Master Metering Variance request to Elmington Capital Group LLC. Motion carried 3-0.
2. EL23-020 In the Matter of the Application of Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. 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 August 15, 2023; assess a filing fee for actual expenses related to the general rate case not to exceed $500,000; and authorize the Executive Director authority to enter into necessary consulting contracts. Mr. Brett Koenecke, May Adam, representing Montana-Dakota Utilities Co., supported the request.
Commissioner Nelson moved to suspend the imposition of the tariff for 180 days beyond August 15, 2023; assess a filing fee for actual expenses not to exceed $500,000; and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.
Natural Gas
1. NG23-014 In the Matter of the Application of Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. for Authority to Increase its Natural Gas 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 August 15, 2023; assess a filing fee for actual expenses related to the general rate case not to exceed $500,000; and authorize the Executive Director authority to enter into necessary consulting contracts. Mr. Brett Koenecke, May Adam, representing Montana-Dakota Utilities Co., supported the request.
Commissioner Nelson moved to suspend the imposition of the tariff for 180 days beyond August 15, 2023; assess a filing fee for actual expenses not to exceed $500,000; and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.
Hydrocarbon and Carbon Dioxide Pipeline
Commissioner Fiegen departed the commission bench. Acting Commissioner Haeder assumed his place on the commission bench.
1. HP22-001 In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)
A lengthy discussion took place for docket HP22-001. An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, August 29, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc08292023.mp3.
Acting Commissioner Haeder moved to deny Landowner’s Motion to Return Application. Motion carried 3-0.
Acting Commissioner Haeder moved to grant Applicant’s Motion to Adopt Substitute Witness Testimony. Motion carried 3-0.
Commissioner Nelson moved to grant SDTA’s Motion for Time Certain for Witness Testimony for its witness to testify on September 20, 2023; and to grant SDREA’s Motion for Time Certain for Witness Testimony for its witness to testify on September 25, 2023; and to grant Landowners’ Motion for Time Certain for Witness Testimony for one of its witnesses to testify on September 19, 2023; and to defer the remainder of Landowners’ request for Time Certain for Witness Testimony. Motion carried 3-0.
Commissioner Nelson moved to defer Staff’s Motion for Time Certain for Evidence on the Issue of County Preemption. Motion carried 3-0.
Acting Commissioner Hader departed the commission bench. Commissioner Fiegen resumed her place on the commission bench.
Public Comment
Mr. Steven Kolbeck and Mr. Eric Pauli, Northern States Power Company dba Xcel Energy, offered public comment about Sioux Falls power outages in June and July 2023.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
August 29, 2023
