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South Dakota Public Utilities Commission Meeting
October 24, 2023, at 1:00 P.M. CDT
Room 414, Capitol Building
Pierre, South Dakota

MINUTES OF COMMISSION MEETING

           Commission Vice Chairman Gary Hanson called the meeting to order. Present were Acting Commissioner Rich Sattgast; Commission Advisor Greg Rislov; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson and Jon Thurber; Grain Warehouse Manager Cody Chambliss; Consumer Affairs Manager Deb Gregg; and Administrative Staff Mikayla Frick.

           Also present were Jan Banghart, Banghart Properties; Robert Konrad, Konrad Law Prof. representing Banghart Properties; Brenda Forman, South Dakota Association of Cooperatives; Kathy Zander, South Dakota Agri-Business Association; Cody Honeywell and Brett Koenecke, May Adam, representing Dakota Access, LLC; and David Smith, South Dakota Farmers Union.

           Joining the meeting by telephone were Commissioner Kristie Fiegen and Commissioner Chris Nelson; Commission Attorney Kristen Edwards; Chad Arey, Dakota Access LLC; and Jeff Decker and Reed McKee, NorthWestern Energy.

           An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, October 24, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc10242023.mp3.

           (Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.

Administration

1.         Approval of the Minutes of the Commission Meeting Held on October 10, 2023 (Deputy Executive Director: Leah Mohr)

           Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on October 10, 2023. Motion carried 3-0.

Consumer Reports

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

           The Commission received a total of 48 contacts since the last report was prepared for the October 10, 2023, Commission meeting.

           Three contacts were related to telecommunications services, 20 contacts were related to electric services, seven contacts were related to natural gas services, two contacts were related to wireless services, one contact was related to carbon pipelines, one contact was related to the grain warehouse program, one contact was related to the Dakota Access Pipeline and 13 contacts were related to issues not regulated by the PUC.

           1,729 of the 1,729 contacts received in 2022 have been resolved.

           1,216 of the 1,237 contacts received in 2023 have been resolved.

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 meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, October 24, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc10242023.mp3.

           Commissioner Hanson acknowledged that the Commission has received Banghart Properties, LLC’s forms and contracts. The Commission determined that no further action was necessary, noting that the prior Commission order did not require formal approval.  The Commission took no formal action.

Hydrocarbon and Carbon Dioxide Pipeline

Discussion for docket HP14-002 took place at the end of the commission meeting at which time Commissioner Fiegen departed the commission bench. Acting Commissioner Sattgast assumed his place on the commission bench.

1.         HP14-002        In the Matter of the Application of Dakota Access, LLC for an Energy Facility Permit to Construct the Dakota Access Pipeline (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)

           Mr. Brett Koenecke, May Adam, representing Dakota Access LLC, requested the commission grant the company’s Motion to Release Construction Bond and Terminate the Appointment of Public Liaison Officer. Mr. Darren Kearney, staff analyst, did not object to the request.

           Commissioner Hanson moved that the Commission grant Dakota Access LLC’s Motion to Release Construction Bond and Terminate the Appointment of Public Liaison Officer. Motion carried 3-0.

           
Natural Gas

1.         NG23-016       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Global Biogas LLC (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

           Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with Global Biogas LLC and the associated tariff revisions with an effective date of November 1, 2023. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request. Mr. Reed McKee, NorthWestern Energy, responded to Commissioners’ questions.

           Commissioner Fiegen moved to approve NorthWestern Energy’s contract with deviations with Global Biogas LLC and the associated tariff revisions with an effective date of November 1, 2023. Motion carried 3-0.

2.         NG23-018       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Hammink Biogas 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 Hammink Biogas LLC and the associated tariff revisions with an effective date of November 1, 2023. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request. Mr. Reed McKee, NorthWestern Energy, responded to Commissioners’ questions.

           Commissioner Fiegen moved to approve NorthWestern Energy’s contract with deviations with Hammink Biogas LLC and the associated tariff revisions with an effective date of November 1, 2023. Motion carried 3-0.

3.         NG23-019       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Northern Sky Biogas LLC (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)

           Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with Northern Sky Biogas LLC and the associated tariff revisions with an effective date of November 1, 2023. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.

           Commissioner Fiegen moved to approve NorthWestern Energy’s contract with deviations with Northern Sky Biogas LLC and the associated tariff revisions with an effective date of November 1, 2023. Motion carried 3-0.

4.         NG23-020       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Brightmark Full Circle RNG LLC (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)

           Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with Brightmark Full Circle RNG LLC and the associated tariff revisions with an effective date of November 1, 2023. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request. Mr. Reed McKee, NorthWestern Energy, responded to Commissioners’ questions.

           Commissioner Hanson moved to approve NorthWestern Energy’s contract with deviations with Brightmark Full Circle RNG LLC and the associated tariff revisions with an effective date of November 1, 2023. Motion carried 3-0.

5.         NG23-021       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Valero Renewable Fuels Company, LLC (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)

           Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with Valero Renewable Fuels Company, LLC and the associated tariff revisions with an effective date of November 1, 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 Valero Renewable Fuels Company LLC and the associated tariff revisions with an effective date of November 1, 2023. Motion carried 3-0.

6.         NG23-022       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with South Dakota Soybean Processors, LLC (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)

           Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with South Dakota Soybean Processors LLC and the associated tariff revisions with an effective date of November 1, 2023. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.

           Commissioner Fiegen moved to approve NorthWestern Energy’s contract with deviations with South Dakota Soybean Processors LLC and the associated tariff revisions with an effective date of November 1, 2023. Motion carried 3-0.

           There being no further business, at the hour of 2:13 p.m., the South Dakota Public Utilities Commission meeting adjourned.

 

  /s/ Leah Mohr                 .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
October 24, 2023