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PUC grants Dual Harvest limited construction exemption to protect tax eligibility
Summary
The South Dakota Public Utilities Commission granted Dual Harvest Wind Energy South a partial exemption under permit condition 38 to allow limited construction at two turbine sites so the project can maintain tax eligibility; commissioners emphasized the company must accelerate buildout or consider relinquishing its interconnection agreement.
The South Dakota Public Utilities Commission on April 23 granted Dual Harvest Wind Energy South a partial exemption to conduct limited construction activities at two turbine sites so the South Dual Wind Project can retain eligibility for tax credits.
Lisa Agramante, counsel for Dual Harvest, told the commission the exemption request repeats a narrow permission the company sought last summer and that limited construction — described as mudmats — is sought solely to preserve tax status. Molly Malone, the project’s manager of community engagement, said the Generation Interconnection Agreement (GIA) has been finalized and signatures are being collected, that a customer agreement is nearing signatures, and that three of four road‑use agreements are complete with one township agreement still outstanding. She said Department of Defense mitigation agreements remain under review and that federal shutdowns had delayed progress.
Staff attorney Amanda Ree told the commission the filing is consistent with the prior year’s filing, reminded commissioners that prior approvals included conditions — a bond in favor of affected landowners, notice to the project area and monthly reporting — and said staff had no major concerns with the narrow exemption request.
Commissioners questioned timing and procurement constraints that have left the GIA’s backfeed date listed as 2030, with the project team saying it is trying to accelerate major equipment procurement to reach 2029. Chairman Nelson told the company, “we expect you to do everything you can to get this thing going, and if you can't get it going, then you need to consider giving up your GIA and letting some other project that can get going get going,” emphasizing the commission’s concern about long lead times and site readiness.
A motion to grant Dual Harvest’s request for a partial exemption under condition 38, including the same conditions the commission imposed last year, carried unanimously. The commission recorded affirmative votes from Commissioner Hansen, Commissioner Fegan and Chairman Nelson.
The commission docket (EL24-023) remains subject to the previously ordered conditions, including the bond in favor of affected landowners, project‑area notice and monthly reports; staff said it will continue to monitor compliance.
