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South Dakota Public Utilities Commission Meeting
September 6, 2023, at 9:30 A.M. CDT
Room 414, 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; Acting Commissioner Josh Haeder; Commission Attorney Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorneys Kristen Edwards, Amanda Reiss, and Logan Schaefbauer; Staff Analysts Darren Kearney, Joseph Rezac, Patrick Steffensen and Jon Thurber; Consumer Affairs Manager Deb Gregg; and Administrative Staff Mikayla Frick.
Also present were Ellie Bailey, Riter Rogers LLP, representing Clarity Telecom LLC dba Bluepeak Fiber, South Dakota Rural Electric Association and South Dakota Association of Rural Water Systems; Kara Semmler, South Dakota Telecommunications Association; Cody Honeywell and Brett Koenecke, May Adam, representing SCS Carbon Transport LLC; Monica Howard, Navigator CO2 Ventures LLC; James Moore, Woods, Fuller, Shultz & Smith PC, representing Navigator CO2 Ventures LLC; David Smith, South Dakota Farmers Union; Rick Bonander; Rita Brown; Bruce Burkhart; Ed Fischbach; Joshua Haiar; Joy Hohn; Carol Klein; Kay Lapka; Mark Lapka; Helen LeBrun; Bruce Mack; Bob Mercer; Monica Meyer; Bev Nelson; Jennifer Poindexter; Daryl Rippentrop; Linda Rippentrop; Deb Ross; Glenn Scott; Ernest Stratmeyer; and Betty Strom.
Joining the meeting by telephone were Jason Topp, Qwest Corporation dba CenturyLink QC; John Rossi, MetTel South Dakota; Brian Jorde, Domina Law Group, representing landowner intervenors; Ryan Cwach, Birmingham & Cwach Law Office Prof. LLC, representing landowner intervenors; Alex Hagen, Minnehaha County; and Paul Lewis, Moody County.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, September 6, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc09062023.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on August 15, 2023 (Deputy Executive Director: Leah Mohr)
Commissioner Hanson moved to approve the Minutes of the Commission Meeting held on August 15, 2023. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 30 contacts since the last report was prepared for the August 29, 2023, Commission meeting.
Three contacts were related to telecommunications services, four contacts were related to electric services, three contacts were related to natural gas services, two contacts were related to wireless services, three contacts were related to the Do Not Call Registry, six contacts were related to carbon pipelines and nine contacts were related to issues not regulated by the PUC.
1,728 of the 1,729 contacts received in 2022 have been resolved.
997 of the 1,017 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 TC23-035 and TC23-038
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.
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 the above docket. Motion carried 3-0.
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. Ellie Bailey, Riter Rogers LLP, representing Clarity Telecom LLC dba Bluepeak Fiber, requested the Commission defer the docket.
Chairperson Fiegen deferred the docket to a later meeting.
2. TC23-041 In the Matter of the Petition of TERRACOM INC. dba Maxsip Tel for Designation as an Eligible Telecommunications Carrier in the State of South Dakota for the Limited Purpose of Providing Lifeline Service to Qualifying Customers (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), requested the Commission grant SDTA party status. Ms. Amanda Reiss, staff attorney, did not object to the request.
Commissioner Hanson moved the Commission grant party status to SDTA. Motion carried 3-0.
3. TC23-042 In the Matter of the Filing of Metropolitan Telecommunications of South Dakota, Inc. dba MetTel South Dakota for Approval of Revisions to its Access Services Tariff No. 3 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. John Rossi, MetTel South Dakota, requested the Commission approve the company’s requested tariff revisions with an effective date of July 1, 2023. Mr. Patrick Steffensen,staff analyst, recommended the Commission approve the company’s request.
Commissioner Fiegen moved to approve the company’s requested tariff changes effective July 1, 2023. 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)
No party objected to the request of Pente Farms, LLC to withdraw as an intervenor. No party objected to Minnehaha County’s intervention.
Acting Commissioner Haeder moved to grant Pente Farms, LLC’s request to withdraw as an intervenor. Motion carried 3-0.
Commissioner Nelson moved to grant Minnehaha County’s Motion to Intervene for Limited Purpose. Motion carried 3-0.
Mr. Alex Hagen, Minnehaha County, requested a time certain for the evidentiary hearing on SCS’s motion for preemption and for a date to be established for the county to file prefiled testimony. Mr. Cody Honeywell, May Adam, representing SCS Carbon Transport LLC, stated the request for a date certain to hear testimony regarding the preemption issue had not been properly noticed to be heard at this commission meeting.
Commissioner Nelson moved to establish September 17, 2023, as the deadline for parties with limited intervention status to file prefiled testimony, witness lists and hearing exhibits. Motion carried, 3-0.
The Commission did not act on the Motion for Time Certain to Present Evidence on County Preemption.
Acting Commissioner Hader departed the commission bench. Commissioner Fiegen resumed her place on the commission bench.
2. 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)
Parties were afforded the opportunity to present closing argument in this matter after which the matter, as well as the pending motion for preemption of county ordinances under SDCL 49-41B-28, were submitted to the Commission for final action. 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, September 6, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc09062023.mp3.
Commissioner Nelson moved to deny Applicant’s motion to preempt county ordinances under SDCL 49-41B-28. Motion carried 3-0.
Commissioner Fiegen moved to deny 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.Motion carried 3-0, Commissioner Nelson concurring in part.
There being no further business, at the hour of 1:26 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Finance Manager
puc@state.sd.us
September 6, 2023
