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South Dakota Public Utilities Commission Meeting
February 28, 2025, at 9:30 A.M. CST
Room 413, Capitol 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; Commission Advisor Greg Rislov; Staff Attorneys Jennie Fuerst, Amanda Reiss and Logan Schaefbauer; Staff Analysts Brittany Mehlhaff and Jon Thurber; Consumer Affairs Manager Deb Gregg; and Administrative Staff Janeth Merriman.
Also present were Cody Honeywell and Aaron Scheibe, May Adam Law Firm, representing SCS Carbon Transport LLC; Lisa Agrimonti, Fredrikson & Byron, P.A., representing Deuel Harvest Wind Energy South LLC; Monica Monterrosa, representing Invenergy LLC; Arla Hamann Poindexter; Ryan Randolph, International Union of Operating Engineers and Bob Mercer, Keloland News.
Joining the meeting by telephone were Staff Analyst Joseph Rezac; Gretchen Kraemer and Lori Brockhouse, representing MidAmerican Energy Company; Ryan Cwach and Brian Jorde, Domina Law Group representing Landowners; Kenny Hostler; and Bradley Davidson, Lisa Maurstad, Kathy Baerlocher and Larry Oswald, representing Montana-Dakota Utilities Co.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, February 28, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc02282025.mp3.
Administration
1. Approval of the Minutes of the Commission Meetings Held on January 28 and February 11, 2025 (Staff: Janeth Merriman)
Commissioner Nelson moved to approve the Minutes of the Commission Meetings Held on January 28 and February 11, 2025. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 56 contacts since the last report was prepared for the February 11, 2025, Commission meeting.
Five contacts were related to telecommunications services, 16 contacts were related to electric services, seven contacts were related to natural gas services, three contacts were related to wireless services, four contacts were related to carbon pipelines, two contacts were related to the Do Not Call Registry, one contact was referred to One Call, two contacts were related to wind energy and 16 contacts were related to issues not regulated by the PUC.
338 of the 350 contacts received in 2025 have been resolved.
Electric
1. EL25-004 In the Matter of MidAmerican Energy Company’s Application for Approval of Its 2024 Reconciliation and 2025 Transmission Cost Recovery Factors (Staff Analyst: Patrick Steffensen; Staff Attorneys: Amanda Reiss, Jennie Fuerst)
Ms. Jennie Fuerst, staff attorney, recommended the Commission assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Ms. Gretchen Kraemer, MidAmerican Energy Company, did not object to the filing fee. Ms. Amanda Reiss, staff attorney, responded to Commissioners’ questions.
Commissioner Fiegen moved to assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. 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, February 28, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc02282025.mp3.
Commissioner Nelson moved to grant Harlan Young’s request to withdraw his party status. Motion carried 3-0.
Commissioner Fiegen moved to reconsider Travis & Kenny Hostler and Dan De Roon. Motion to reconsider carried 3-0.
Commissioner Fiegen moved to grant party status to those party status applicants recommended for approval on page 2 of Staff’s February 27 filing, and to grant party status to Travis & Kenny Hostler, Dan De Roon, and Bruce Burkhart; and to defer Charles Kludt; and to deny party status to those party status applicants recommended for denial in Staff’s February 27 filing except for those previously addressed in this motion.
Commissioner Nelson moved to amend the motion to remove the deferral of Charles Kludt and to deny party status to Charles Kludt. Motion to amend failed 1-2.
Commissioner Nelson moved to amend the motion by denying the party status applications of Julie Burkhart and Bruce Burkart. Motion to amend carried 2-1.
The main motion, as amended, carried 3-0. Commissioner Fiegen dissenting in part, as to the denial of Bruce and Julie Burkhart.
Commissioner Nelson moved to deny party status to all pending late filed applications for party status. Motion carried 3-0.
Natural Gas
1. NG24-013 In the Matter of MidAmerican Energy Company’s Petition for Approval of Deferred Accounting Treatment of Costs Incurred Related to McCook Lake Flooding (Staff Analyst: Joseph Rezac; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
Ms. Gretchen Kraemer, MidAmerican Energy Company, asked that the Commission grant the request for deferred accounting treatment for costs incurred due to the June 2024 flooding at and around McCook Lake. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve MidAmerican Energy Company’s request for deferred accounting treatment for costs incurred due to the June 2024 flooding at and around the McCook Lake, subject to the following conditions: 1. The deferred accounting method and the resulting creation of a regulatory asset shall not preclude Commission review of these amounts and any future cost recovery for reasonableness and prudence, including both rate filings by MidAmerican and rate reviews initiated by the Commission, and does not guarantee any such recovery. 2. The allowance for deferred accounting and the resulting creation of a regulatory asset in this docket is based on the facts of this case, and any future deferred accounting method and the resulting creation of a regulatory asset for any other costs not related to this current docket must be approved by the Commission. Ms. Gretchen Kraemer, MidAmerican Energy Company, responded to Commissioners’ questions.
Commissioner Nelson moved to grant the request for deferred accounting treatment of costs associated with the June 2024 flooding at and around McCook Lake with the conditions Staff has outlined. Motion carried 3-0.
2. NG25-001 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of Its Revised Conservation Tracking Adjustment (Staff Analyst: Brittany Mehlhaff; Staff Attorneys: Amanda Reiss, Jennie Fuerst)
Ms. Lisa Maurstad, Montana-Dakota Utilities Co. (MDU), asked that the Commission approve MDU’s revised Conservation Tracking Adjustment of $0.016 per dk and the associated Conservation Program Tracking Mechanism Rate 90 tariff sheet, with an effective date of March 1, 2025. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve MDU’s request. Kathy Baerlocher, MDU, responded to Commissioners’ questions.
Commissioner Fiegen moved to grant Montana-Dakota Utilities Co.’s request for approval of the revised Conservation Tracking Adjustment of $0.016 per dk and the associated Conservation Program Tracking Mechanism Rate 90 tariff sheet, with an effective date of March 1, 2025. Motion carried 3-0.
Electric – Continued
1. EL24-023 In the Matter of the Application by Deuel Harvest Wind Energy South LLC for Energy Facility Permits of a Wind Energy Facility and a 345-kV Transmission Facility in Deuel County, South Dakota, for the South Deuel Wind Project (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
A lengthy discussion took place for docket EL24-023. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, February 28, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc02282025.mp3.
Commissioner Nelson moved to grant the permit with the conditions listed in A18, as revised in Applicant’s February 13, 2025 filing, with the typo correction for the construction of a wind energy facility and a 345-kV transmission facility to Deuel Harvest Wind Energy South LLC pursuant to SDCL 49-41B-24 and 49-41B-25.
Commissioner Hanson moved to amend the main motion to include a condition prohibiting nighttime construction, specifically between the hours of 10:00 p.m. and 8:00 a.m.
Commissioner Fiegen moved an amendment to Commissioner Hanson’s amendment to establish the nighttime time frame as between the hours 10:00 p.m. and 7:00 a.m. Commissioner Fiegen’s amendment to Commissioner Hanson’s amendment carried 3-0.
Commissioner Hanson’s Amendment, as amended, carried 2-1. Commissioner Nelson dissenting.
Main Motion, as amended, carried 3-0.
There being no further business, at the hour of 11:39 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
February 28, 2025
