PUC narrows Black Hills Gas hearing days, accepts settlement filings and flags legal questions on beneficial investments
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Summary
The commission vacated the last scheduled hearing day for Black Hills Gas’s Clean Heat Plan, accepted settlement testimony and a matrix into the evidentiary record, and a commissioner said legal questions about the commission’s authority to require beneficial investments for a gas‑only utility should be explored at hearing.
Lindsey Dundas, commission counsel, told commissioners that the scheduled hearing on Black Hills Gas’s Clean Heat Plan (proceeding 23A‑0633G) is likely shorter than originally planned and recommended vacating the final hearing day, Oct. 29, because the parties are unlikely to need all three scheduled days.
Dundas also noted the settling parties had asked for an extension to file a matrix and settlement testimony; those materials were filed (the matrix arrived yesterday and settlement testimony last week). She recommended belatedly granting the motion to ensure the settlement testimony is part of the evidentiary record.
Commissioner Plante agreed and supported an ABC order to vacate the last hearing day and accept the settlement materials. Separately, Commissioner Plante (in discussion) said he wanted the hearing to explore legal and policy questions raised by Black Hills about the commission’s authority to require “beneficial investments” by a gas‑only utility. He said, in part, that if the company intends to appeal such questions to the courts, the commission should begin addressing them now rather than waiting for a future filing.
The transcript excerpt records counsel’s procedural recommendations and the commissioners’ agreement to an ABC order; it does not include a formal roll call.
