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SDPUC determines no jurisdiction for proposed Gregory County Pumped Storage Project





FOR IMMEDIATE RELEASE: Nov. 7, 2022
MEDIA CONTACT: Leah Mohr, South Dakota Public Utilities Commission, (605) 773-3201 or (605) 280-4327

SDPUC determines no jurisdiction for proposed Gregory County Pumped Storage Project

PIERRE, S.D. – The South Dakota Public Utilities Commission has received numerous questions regarding its permitting jurisdiction related to the proposed Gregory County Pumped Storage Project.  The PUC has determined that under current law no permit can be required from the PUC for facilities within the boundary of the proposed project.

The project — a partnership between Missouri River Energy Services and MidAmerican Energy Company — is proposed to be constructed along the Missouri River on the western side of Lake Francis Case in Gregory County. Transmission facilities are proposed for Charles Mix County. The intent of the project is to produce and distribute up to 2,100 megawatts of electricity using a process to pump water from the Missouri River into a new reservoir where it would be stored and released into a newly constructed power production facility and transmitted when the electricity is needed.

Current South Dakota law requires a PUC siting permit prior to constructing many different types of energy-related facilities.  Federal law establishes federal permitting jurisdiction, which supersedes state jurisdiction, for hydroelectric projects on navigable waters of the United States. The scope of federal permitting jurisdiction includes the physical structures and associated facilities within the footprint of the proposed Gregory County Pumped Storage Project.

The Western Minnesota Municipal Power Agency has submitted a notice of intent to file license application for the Gregory County Pumped Storage Project with the Federal Energy Regulatory Commission (FERC). The notice and other filings can be accessed on the FERC website at elibrary.ferc.gov and searching for Docket P-14876-002.

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