Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Energy Infrastructure Pipeline topic
No spam. Unsubscribe anytime.
Commissioners debate whether Minnehaha County should seek party status in Summit Carbon Solutions PUC docket
Summary
Commissioner discussion and public comment on Jan. 21 focused on whether Minnehaha County should apply for intervener/party status in a pending South Dakota Public Utilities Commission docket involving Summit Carbon Solutions; the deadline to apply was noted as Jan. 24 and commissioners expressed differing views on taking formal action.
A public-comment period and subsequent commissioner discussion at the Jan. 21 Minnehaha County Commission meeting focused on a pending South Dakota Public Utilities Commission docket for Summit Carbon Solutions and whether the county should apply for party/intervener status in the proceeding.
Commissioner Heisey raised the matter during a non-action discussion, saying the deadline to file for party status was Jan. 24 and that Summit’s filing named Minnehaha County among counties whose ordinances it described as “unreasonably restrictive.” Heisey cited testimony in the docket by Summit executives that requested the PUC exercise authority under state statute (transcript cites SDCL 49-41B28) to preempt local ordinances and warned the county should consider active participation rather than waiting to be challenged.
“January 24 is the deadline to be exact,” Heisey said, and urged the commission to consider applying for party status so county interests and affected property owners could be represented. He argued many peer counties along the pipeline route had already applied or were considering applying for party status and listed several that had filed or were voting on it.
Commissioners disagreed on the best course. One commissioner urged restraint, noting the county previously adopted planning and zoning ordinances and successfully defended them in a past challenge; that commissioner recommended waiting to see whether Summit actually challenges Minnehaha County’s ordinance and then defending the ordinance if required. “We did fashion a reasonable ordinance that was defensible and I think that that testimony was powerful to the PUC,” the commissioner said, urging the county to avoid expending resources prematurely on legal intervention.
Other commissioners thanked Heisey for the research and said the topic warranted public discussion. Commissioner Blindberg noted that several counties and the city of Hartford had already applied for party status and said Minnehaha County residents were watching how the commission responds.
No formal motion was made and the commission did not vote to pursue party status at the meeting; commissioners instead discussed options including monitoring the docket, reserving resources to defend the county ordinance if challenged, and—if a challenge was filed—retaining counsel then. The Jan. 24 filing deadline remained imminent at the time of the meeting.
