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South Dakota Public Utilities Commission Meeting
December 17, 2024, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Vice Chairman Gary Hanson called the meeting to order. Present were Commissioner Chris Nelson; Commission Attorney Kristen Edwards; Commission Advisor Greg Rislov; Staff Attorneys Jennie Fuerst, Amanda Reiss and Logan Schaefbauer; Staff Analysts Brittany Mehlhaff, Eric Paulson, Joseph Rezac, Darren Kearney and Jon Thurber; Consumer Affairs Manager Deb Gregg; Deputy Executive Director Leah Mohr; and Administrative Staff Janeth Merriman.
Also present were Steven Kolbeck, Northern States Power Company dba Xcel Energy; Stacy Hegge, Jacob Stewart, and Richard Williams, Gunderson, Palmer, Nelson & Ashmore, LLP, representing Dakota Access, LLC; Cody Honeywell and Brett Koenecke, May Adam, Gerdes & Thompson LLP, representing SCS Carbon Transport LLC; Representative Ben Krohmer; Ed Fischbach, LeRoy Braun, Jay Poindexter, Clayton Kentschler; Pam Bonrud, Jeffrey Decker and Brad Wenande, NorthWestern Energy Public Service Corporation dba NorthWestern Energy; and Ryan Randolph, IOUE Local 49.
Joining the meeting by telephone were Chairperson Kristie Fiegen; Staff Analyst Patrick Steffensen; Kevin Scheidecker, Jason Weiers, Otter Tail Power Company; Bridget Duffus, Fredrikson & Byron, P.A. representing Otter Tail Power Company; Daniel Jurgens; Carey Roesel, Inteserra Consulting Group, Inc., representing IM Telecom, LLC dba Infiniti Mobile; Kara Semmler, South Dakota Telecommunications Association; Joy Hohn; Kaley Nolz; Amanda Radke; Gary Meyer; Chris Arend, Rebecca Eilers, Chris Shaw, Andrew Siebenaler, and Laurie Wold, Northern States Power Company dba Xcel Energy; Gretchen Kraemer and Renee White, MidAmerican Energy Company; Jeff Berzina, Aaron Bjorkman, Shannon Heim, Crystal Lail, Emilie Ng and Kristi Wallman, NorthWestern Energy Public Service Corporation dba NorthWestern Energy; Basil Copeland and James Garren, PUC Staff Consultants.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, December 17, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc12172024.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 December 3, 2024 (Staff: Janeth Merriman)
Commissioner Hanson moved to approve the Minutes of the Commission Meeting held on December 3, 2024. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 67 contacts since the last report was prepared for the December 3, 2024, Commission meeting.
Four contacts were related to telecommunications services, 17 contacts were related to electric services, one contact was related to natural gas services, three contacts were related to wireless services, three contacts were related to carbon pipelines, 18 contacts were related to wind energy, four contacts were related to the Do Not Call Registry, one contact was referred to One Call and 16 contacts were related to issues not regulated by the PUC.
1,269 of the 1,277 contacts received in 2024 have been resolved.
Telecommunications
1. TC24-003 In the Matter of the Filing of IM Telecom, LLC dba Infiniti Mobile’s Petition 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: Brittany Mehlhaff; Staff Attorney: Logan Schaefbauer)
A lengthy discussion took place for docket TC24-003. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, December 17, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc12172024.mp3.
Commissioner Hanson moved to reconsider the Commission’s December 3, 2024 decision. Motion carried 3-0.
Commissioner Nelson moved to approve the filed joint stipulation and that the Commission grant the requested waiver of ARSD 20:10:32:43.02 and Petition for Designation as an Eligible Telecommunication Carrier for the purposes of receiving federal Lifeline universal service support in non-rural areas and incorporate requirements of the stipulation between IM Telecom, LLC dba Infiniti Mobile and SDTA. Motion carried 3-0.
Electric
1. EL24-015 In the Matter of the Application by Otter Tail Power Company and Western Minnesota Municipal Power Agency for a Facility Permit for a 345-kV Transmission Facility and Associated Facilities in Grant County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Ms. Bridget Duffus, Fredrikson & Byron, P.A. representing Otter Tail Power Company and Western Minnesota Municipal Power Agency, requested the Commission grant the Joint Motion for Approval of Settlement Stipulation. Mr. Daniel Jurgens supported the Approval of Settlement Stipulation and requested the withdrawal of party status. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the Applicants’ and Jurgens’ request and grant the withdrawal of party status to Daniel and Tamra Jurgens.
Commissioner Fiegen moved to grant the Joint Motion for Approval of Settlement Stipulation and permit Daniel and Tamra Jurgens to withdraw their party status pursuant to the terms of the Settlement Stipulation. Motion carried 3-0.
2. EL24-029 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2025 Infrastructure Rider Project Eligibility and Factor Update (Staff Analyst: Eric Paulson; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
Mr. Steven Kolbeck, Northern States Power Company dba Xcel Energy, requested the Commission approve the company’s request. Mr. Eric Paulson, staff analyst, recommended the Commission approve the request. A lengthy discussion took place for docket EL24-029. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, December 17, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc12172024.mp3.
Commissioner Nelson moved to approve Xcel Energy’s revised 2025 Infrastructure Rider revenue requirements, 2025 Infrastructure Rider Adjustment factor, and revised tariff sheet with an effective date of January 1, 2025. Motion carried 3-0.
Gas and Electric
1. GE24-002 In the Matter of the filing by MidAmerican Energy Company for Approval of a Revised Customer Information Welcome Booklet (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss, Jennie Fuerst)
Ms. Gretchen Kraemer, MidAmerican Energy Company, asked that the Commission approve the proposed revisions to MidAmerican Energy Company’s Customer Information Welcome Booklet. Mr. Eric Paulson, staff analyst, recommended that the Commission approve MidAmerican Energy Company’s revised Customer Information Welcome Booklet with an effective date of December 31, 2024.
Commissioner Hanson moved to approve the proposed revisions to MidAmerican Energy Company’s Customer Information Welcome Booklet with an effective date of December 31, 2024. Motion carried 3-0.
Hydrocarbon and Carbon Dioxide Pipeline
1. HP24-001 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 Attorneys: Kristen Edwards, Logan Schaefbauer)
A lengthy discussion took place for docket HP24-001. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, December 17, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc12172024.mp3.
Commissioner Fiegen moved to assess a filing fee not to exceed $875,782 and to authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.
Commissioner Nelson moved to grant Party Status to Kaley Nolz, Amanda Radke, Dakota Access, LLC, the Brookings County Commission, Jason Fauth, South Dakota Telecommunications Association, Debora Ross, Robert Ross, Jane Payfer, Leroy Braun, City of Hartford, Highmore Fire Department, and Tobin Doeden and deny Party Status to Ben Krohmer, AGM Farms, Brent Hoffman, Deb Everson, Robert Everson and Ed Fischbach.
Commissioner Hanson moved to Amend the motion by granting rather than denying party status to Ben Krohmer, AGM Farms, and Ed Fischbach.
Commissioner Fiegen moved a substitute motion to give Party Status to Kaley Nolz, Amanda Radke, Dakota Access, LLC, the Brookings County Commission, Jason Fauth, South Dakota Telecommunications Association, Debora Ross, Robert Ross, Jane Payfer, Leroy Braun, City of Hartford, Highmore Fire Department, and Tobin Doeden and to defer action on Party Status for any other applications to the January 14, 2024, commission meeting. Motion carried 3-0.
Natural Gas
1. NG24-012 In the Matter of the Filing by NorthWestern Energy Public Service Corporation dba NorthWestern Energy for Approval of Amendment No. 1 to Transportation Service Agreement with Dakota Ethanol, L.L.C. (Staff Analyst: Joseph Rezac; Staff Attorneys: Amanda Reiss, Jennie Fuerst)
Mr. Jeffrey Decker, NorthWestern Energy Public Service Corporation dba NorthWestern Energy (NorthWestern Energy), requested the Commission’s approval of the Amendment. Mr. Joseph Rezac, staff analyst, recommends the Commission approve NorthWestern Energy’s Amendment No. 1 and restated contract deviations with Dakota Ethanol, LLC, and the associated tariff revisions with an effective date of January 1, 2025, on less than 30 days’ notice.
Commissioner Hanson moved to approve the Amendment No. 1 and restated contract deviations with Dakota Ethanol, LLC, and the associated tariff revisions with an effective date of January 1, 2025, on less than 30 days’ noticeMotion carried 3-0.
2. NG24-005 In the Matter of the Application of NorthWestern Energy Public Service Corporation dba NorthWestern Energy for Authority to Increase Rates for Natural Gas Utility Service in South Dakota (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Joseph Rezac, Eric Paulson; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
A lengthy discussion took place for docket NG24-005. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, December 17, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc12172024.mp3.
Commissioner Hanson moved to grant the Joint Motion for Approval of Settlement Stipulation and approve the rates, tariff sheets, terms and conditions stipulated therein. Motion carried 3-0.
There being no further business, at the hour of 12:02 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
December 17, 2024