Commission Minutes | previous page
South Dakota Public Utilities Commission Meeting
January 28, 2025, at 1:30 P.M. CST
Matthew Training Center, Foss Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Chairman Gary Hanson called the meeting to order. Present were Commissioner Chris Nelson and Commissioner Kristie Fiegen; Commission Attorney Kristen Edwards; Staff Attorneys Jennie Fuerst, Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Patrick Steffensen and Jon Thurber; and Administrative Staff Janeth Merriman.
Also present were William Van Camp, Olinger, Lovald, McCahren & Van Camp, LLC, representing Leola Data Center and Ringneck Energy and Feed, LLC; Brett Koenecke, May, Adam, representing Montana-Dakota Utilities Co. and SCS Carbon Transport LLC; Cody Honeywell, May Adam, representing SCS Carbon Transport LLC; Lauren Donofrio, Theron Rein, Kevin Scheidecker, Mollie Smith, and Jason Weiers, representing Otter Tail Power Company; Richard Dahz, Missouri River Energy Services; Ellie Bailey, Riter Rogers LLP representing South Dakota Association of Rural Water Systems; and Linda Schauer.
Joining the meeting by telephone were Commission Advisor Greg Rislov; Consumer Affairs Manager Deb Gregg; Derek Bertsch, Western Minnesota Municipal Power Agency; JoAnn Thompson, Otter Tail Power Company; Meredith Moore, Cutler law firm, LLP representing Basin Electric Power Cooperative; Daniel Brown, East River Electric Power Cooperative, Inc.; Brian Jorde, Domina Law Group representing Leroy Braun, Intervenors; Richard Williams, Gunderson, Palmer, Nelson & Ashmore, LLP representing Dakota Access, LLC; and Mallory Schulte, Birmingham & Cwach Law Office, Prof. LLC representing LeRoy Brown.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, January 28, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc01282025.mp3.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 138 contacts since the last report was prepared for the January 14, 2025, Commission meeting.
Six contacts were related to telecommunications services, 15 contacts were related to electric services, two contacts were related to natural gas services, three contacts were related to wireless services, 91 contacts were related to carbon pipelines, two contacts were related to wind energy, three contacts were related to the Do Not Call Registry, and 15 contacts were related to issues not regulated by the PUC.
1,356 of the 1,359 contacts received in 2024 have been resolved.
195 of the 209 contacts received in 2025 have been resolved.
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. Mollie Smith, Fredrikson & Byron, P.A., representing Otter Tail Power Company, asked that the Commission approve the Joint Motion for Approval of Settlement Stipulation and issue a permit to construct the Project. Mr. Logan Schaefbauer, staff attorney, recommended that the Commission approve the Joint Motion with terms and conditions as set forth in the Settlement Stipulation filed on January 15, 2025.
Commissioner Fiegen moved to grant the Joint Motion for Approval of Settlement Stipulation, subject to the terms and conditions as set forth in the Settlement Stipulation and issue a permit to construct the Project. Motion carried 3-0.
2. EL24-027 In the Matter of the Petition by Leola Data Center LLC to have Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., Assigned as its Electric Provider in the Service Area of FEM Electric Association Inc. (Staff Analyst: Patrick Steffensen; Staff Attorneys: Logan Schaefbauer, Amanda Reiss, Jennie Fuerst)
Mr. William Van Camp, Olinger, Lovald, McCahren & Van Camp, P.C., representing Leola Data Center, LLC (Leola), asked that the Commission postpone the hearing on Leola’s Motion for Summary Judgment. Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing Montana-Dakota Utilities Co., Ms. Meredith Moore, Cutler Law Firm, LLP, representing Basin Electric Power Cooperative, Mr. Daniel Brown, East River Electric Power Cooperative, Inc., and Ms. Amanda Reiss, staff attorney did not object.
Commissioner Nelson moved to continue the hearing on the Motion for Summary Judgment indefinitely. Motion carried 3-0.
Hydrocarbon and Carbon Dioxide Pipelines
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, 2025, January 28, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc01282025.mp3.
Chairman Hanson moved to grant party status to those who have filed on or before January 21, 2025, as signified by Staff’s testimony.
Commissioner Nelson moved to amend the main motion to grant Party Status to those individuals and entities listed as recommended for approval in Staff’s January 24 and January 27, 2025, filings with certain exceptions listed by Commissioner Nelson, and with the addition of Jared Bossly, Brad Fischbach, Lance Fischbach, Linda Hansen, and Larry Hansen. Motion to amend carried 3-0.
The Commission considered the main motion as amended. Motion carried 3-0.
Commissioner Nelson moved to approve the Amended Proposal for Procedural Schedule, with the changes reflected in Staff’s January 22, 2025 letter and to establish a deadline of August 4, 2025, for substantive motions. Motion carried 3-0.
Commissioner Nelson moved to Deny the request for remote testimony at the evidentiary hearing. Motion carried 2-1. Chairman Hanson dissenting.
There being no further business, at the hour of 2:51 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
January 28, 2025
