South Dakota PUC: Dakota Range Wind Permit Granted for Project

• The South Dakota Public Utilities Commission approved a construction permit for the Dakota Range Wind Project on July 11, 2018.
• The project, located in Grant and Codington counties, features up to 72 turbines, generates 304 MW, and cost $380 million, with commercial operation beginning in January 2022.
• The permit includes 42 conditions, addressing issues like aircraft detection lighting, ice detection on blades, and avian mortality monitoring.
• The PUC's decision, under docket EL18-003, followed a review process mandated by state law, which requires wind and solar facility applications to be concluded within nine months.
• Commissioners emphasized their quasi-judicial role, basing the decision on state law and evidence to ensure landowner protection and environmental responsibility.

The comprehensive nature of the South Dakota Public Utilities Commission EL18-003 decision, particularly its detailed conditions regarding environmental and operational aspects, sets a significant precedent for future wind energy facility development in the state, offering insights into regulatory expectations and compliance obligations for similar projects in Grant Codington counties and beyond.

The South Dakota Public Utilities Commission (PUC) formally granted a construction permit for the Dakota Range Wind Project on July 11, 2018. This significant approval allows for the development of a substantial wind energy facility spanning parts of Grant and Codington counties in South Dakota. The project, known as the Dakota Range Wind Project, is designed to generate up to 304 megawatts of electricity and began commercial operation in January 2022, representing an estimated investment of $380 million.

The approved plan encompasses the installation of up to 72 wind turbines along with their associated infrastructure. These components will be situated within an expansive project area covering approximately 44,500 acres, located about 10 miles northeast of Watertown. The permit's issuance came with numerous stipulations, reflecting a comprehensive regulatory review process undertaken by the commission.

The permit for the Dakota Range Wind Project approval was not unconditional; it included a total of 42 specific requirements designed to mitigate potential impacts and ensure responsible operation. Among these critical SD wind energy facility conditions were provisions for aircraft detection lighting wind turbines, protocols for identifying and responding to ice accumulation on turbine blades, and comprehensive avian mortality monitoring wind farms. These conditions were thoroughly deliberated and voted upon by the commissioners during an ad hoc meeting held in Pierre on July 10, just one day prior to the final permit announcement.

The regulatory journey for the Dakota Range Wind Project began with the filing of its application with the South Dakota Public Utilities Commission on January 24, 2018. State law provides that a proceeding must be concluded within nine months for wind and solar facilities. Throughout this period, the commission conducted various proceedings, including a public input hearing in Waverly in March and an evidentiary hearing in Pierre in June. The official docket for this matter, identified as EL18-003, involved multiple parties, including Dakota Range itself, PUC staff, and a dozen intervenors, two of whom, Kristi Mogen from Twin Brooks and Teresa Kaaz from South Shore, actively participated in the formal hearing and related proceedings, representing their own interests.

PUC Vice Chairperson Kristie Fiegen underscored the commission's role, stating that as commissioners operating in a quasi-judicial capacity, their decisions are strictly guided by state law and must be based on presented facts and evidence. She further clarified that the established conditions were crafted to safeguard landowner interests and define the applicant's responsibilities. Echoing this sentiment, PUC Commissioner Gary Hanson emphasized that the extensive conditions imposed on the permit are intended to guarantee that the facility is constructed and operated in a manner that is both responsible and equitable for all stakeholders, as well as for the environment.

PUC Chairperson Chris Nelson affirmed that the project successfully met the criteria outlined in state law for permit approval. He also extended gratitude to the PUC staff, intervenors, and Dakota Range for the information provided during the process. The comprehensive nature of the South Dakota Public Utilities Commission EL18-003 decision, particularly its detailed conditions regarding environmental and operational aspects, sets a significant precedent for future wind energy facility development in the state, offering insights into regulatory expectations and compliance obligations for similar projects in Grant Codington counties and beyond.

This permit approval, with its specific conditions regarding environmental and operational aspects, establishes a precedent for future wind energy facility development in South Dakota. Lawyers advising renewable energy developers or landowners in the state should review the detailed conditions of docket EL18-003 to understand the regulatory expectations and compliance obligations for similar projects.

Source: Original reporting via South Dakota Public Utilities Commission.