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South Dakota Public Utilities Commission Meeting
April 10, 2025, at 1:30 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
NOTE: Docket participants who wish to join this meeting by conference call should contact the Commission at 605-773-3201 by 10:00 a.m. CDT on Thursday, April 10, 2025, to reserve a phone line. Lines are limited and assigned on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in docket discussion at the Commission Meeting and a line is not available, you may have to appear in person.
NOTE: To listen to the Commission Meeting live please go to the PUC’s website puc.sd.gov and click on the LIVE link on the home page. The Commission requests persons who will only be listening to proceedings and not actively appearing in a case listen via the webcast to free phone lines for those who have to appear. The Commission meetings are archived on the PUC’s website under the Commission Actions tab. Click on “Commission Meeting Archives,” to access the recordings.
NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.
AGENDA OF COMMISSION MEETING
Administration
1. Approval of the Minutes of the Commission Meeting Held on March 25, 2025 (Staff: Janeth Merriman)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC22-009 In the Matter of the Petition of AirVoice Wireless, LLC dba AirTalk Wireless for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On March 28, 2022, the Commission received a Petition for Designation as an Eligible Telecommunications Carrier (ETC) from AirVoice Wireless, LLC dba AirTalk Wireless (AirVoice). AirVoice is seeking designation as an ETC solely to provide Lifeline service to qualifying South Dakota consumers in non-rural and rural service areas. On May 2, 2022, the Commission issued an Order Granting Intervention to the South Dakota Telecommunications Association (SDTA). On July 15, 2022, SDTA and AirVoice filed a Stipulation. The matter was considered on August 2, 2022, and deferred. On September 15, 2022, AirVoice, SDTA and staff filed an Amended Stipulation that amends the ETC Petition and places conditions on the ETC designation. The matter was considered again on September 27, 2022, and deferred. On March 17, 2025, AirVoice filed a request to withdraw its petition without prejudice.
TODAY, shall the Commission grant AirVoice’s request to withdraw its petition without prejudice? OR how shall the Commission proceed?
Electric
1. EL22-017 In the Matter of the Application of Northern States Power Company dba Xcel Energy for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
On June 30, 2022, the Commission received an application by Northern States Power Company dba Xcel Energy (Xcel) for approval to increase rates for electric service to customers in its South Dakota service territory by approximately $44.1 million annually or approximately 17.9% based on Xcel’s 2021 historic test year. Xcel states a typical residential electric customer using 750 kWh per month would see an increase of $19.58 per month. The proposed changes affect approximately 97,500 customers. On September 29, 2022, the Commission issued an Order Granting Intervention to Steve Wegman. On May 24, 2023, Xcel and staff filed a Joint Motion for Approval of Settlement Stipulation, and a Settlement Stipulation, including Xcel’s Interim Refund Plan, and staff filed a Staff Memorandum Supporting Settlement Stipulation. On June 2, 2023, Steve Wegman filed a Concurrence to the Settlement Stipulation. On June 8, 2023, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation and Order Approving Refund Plan. On March 31, 2025, Xcel and staff filed a Joint Motion for Approval of Amended and Restated Settlement Stipulation, and an Amended and Restated Settlement Stipulation.
TODAY, shall the Commission grant the Joint Motion for Approval of Amended and Restated Settlement Stipulation and approve the terms and conditions stipulated therein? OR how shall the Commission proceed?
2. EL24-029 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2025 Infrastructure Rider Project Eligibility and Factor Update (Staff Analyst: Eric Paulson; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
On August 30, 2024, the Commission received a Petition by Northern States Power Company dba Xcel Energy (Xcel) for approval of its 2025 Infrastructure Rider Project Eligibility and Factor Update. Xcel requests approval of the Infrastructure Rider Tracker Report and true-up for the 2024 revenue requirements, including Production Tax Credits (PTC) and the PTC tracker mechanism, 2025 Infrastructure Rider revenue requirements of $3,036,215, an updated Infrastructure Rider Factor of $0.001366 per kWh, an updated Infrastructure Rider tariff sheet, and proposed customer notice. Xcel proposes a January 1, 2025, effective date. Xcel proposes the rate of $0.001366 per kWh applied to all energy billed to each customer class during calendar year 2025. Xcel estimates a bill impact of $1.02 per month for a residential electric customer using 750 kWh per month, a decrease of $0.86 compared to the current rate. Xcel proposes to include five new projects as well as the gains on sale for the Sherco land sale. On September 16, 2024, staff sent its first set of data requests. On October 17, 2024, staff sent its second set of data requests. On December 19, 2024, the Commission issued an order Approving Infrastructure Rider Rate and Tariff Revision. On March 31, 2025, Xcel filed a letter and revised attachments regarding the inclusion of nuclear PTCs in the infrastructure rider.
TODAY, shall the Commission approve the revised 2025 Infrastructure Rider revenue requirements, revised 2025 Infrastructure Rider Adjustment factor and revised tariff sheet with an effective date of May 1, 2025?
3. EL25-006 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Transmission Cost Recovery Rider Rate (Staff Analyst: Eric Paulson; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
On February 28, 2025, Montana-Dakota Utilities Co. (MDU) filed for approval of its annual update to its Transmission Cost Recovery (TCR) Rider. MDU states the proposed tariff change is necessary to reflect the projected 2025 charges assessed to MDU for transmission-related services provided by the Midcontinent Independent System Operator and Southwest Power Pool, along with the projected revenues and/or credits received by MDU for transmission-related services, including transmission revenues from a large customer taking service under MDU’s Rate 45 tariff. MDU proposes a TCR Rider rate of negative $0.00127 per kWh to be effective May 1, 2025, which is an increase of $0.00089 per kWh from current rate authorized in the last TCR filing. On March 21, 2025, MDU filed revisions to certain pages of revised attachments to correct errors discovered in the review process. The revisions did not result in a change to the proposed rate.
TODAY, shall the Commission approve the revised Transmission Cost Recovery Rider rate and revised tariff sheet with an effective date of May 1, 2025?
4. EL25-007 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analyst: Eric Paulson; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
On February 28, 2025, the Commission received a petition from Montana-Dakota Utilities Co. (MDU) for approval of its annual update to its Infrastructure Rider (IR) Rate, pursuant to the terms of MDU’s IR Rate 56 tariff. MDU proposes an IR rate of $0.00260 per kWh for the rate period covered by this filing, which is a decrease of $0.00134 per kWh from the rate authorized in the last IR filing. The IR Rate 56 tariff requires MDU to update the IR annually with updates effective May 1 of each year. On March 21, 2025, MDU filed revisions to certain pages of revised attachments to correct errors discovered in the review process. MDU proposes a revised IR rate of $0.00261 per kWh for the rate period covered by this filing, which is a decrease of $0.00133 per kWh from the rate authorized in the last IR filing.
TODAY, shall the Commission approve the revised Infrastructure Rider rate and revised tariff sheet with an effective date of May 1, 2025?
Hydrocarbon and Carbon Dioxide Pipeline
NOTE: THIS ITEM WILL BE HEARD AT 2:30 P.M. CDT, PURSUANT TO THE NOTICE OF HEARING ISSUED IN THIS MATTER, OR AT THE CONCLUSION OF OTHER AGENDA ITEMS, WHICHEVER IS LATER.
1. HP24-001 In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Logan Schaefbauer)
On November 19, 2024, the Commission received an Application for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Application) from SCS Carbon Transport LLC (Summit or Applicant), a limited liability company owned by Summit Carbon Solutions, LLC. Applicant proposes to construct and operate a carbon dioxide (CO2) transmission pipeline (Project). The Project, which has been named the Midwest Carbon Express pipeline, is approximately 2,500 miles of pipelines for the transportation of CO2 from ethanol plants across five states to underground injection wells in North Dakota. The South Dakota portion of the Project, is approximately 698 miles, crossing 23 counties. The Commission has granted party status to numerous persons and entities. The Commission has received requests from parties to withdraw their party status. On March 12, 2025, Applicant filed a Motion to Suspend Current Scheduling Order and Extend Current Deadline Indefinitely (Motion to Suspend). The Commission issued a Notice of Hearing on the Motion to Suspend, noticing it to be heard at the April 10, 2025, Commission Meeting. On March 27, 2025, Attorney Brian Jorde filed on behalf of certain Intervenors a Motion to Deny Application (Landowners’ Motion to Deny). The Commission issued a Notice of Hearing on Landowners’ Motion to Deny scheduling the motion to be heard at the April 10 Commission Meeting. On March 31, 2025, Intervenor Spink County filed Spink County Commission’s Motion for Attorney’s Fees, and on April 1, 2025, the Commission issued a Notice informing the Parties that Spink County’s Motion would also be heard at the April 10 Commission Meeting.
TODAY, shall the Commission grant withdrawal of party status to any party who has requested withdrawal? AND shall the Commission grant the Motion to Suspend? AND shall the Commission grant Landowners’ Motion to Deny? AND shall the Commission grant Spink County Commission’s Motion for Attorney’s Fees? OR how shall the Commission proceed?
Items for Commission Discussion
Public Comment
Individuals who wish to make public comments to the commission may do so during this time. All who offer public comments are requested to sign in at the commission meeting or let the commission know of their wish to speak when they call in to reserve a phone line. Time limits for comments may be determined at the discretion of the commission.
Announcements
1. Commissioners will attend the Center for Public Utilities’ Current Issues Forum, April 6-9, 2025, at the Eldorado Hotel, Santa Fe, New Mexico.
2. Commissioners will attend the 10th Annual Northwestern University Electricity Dialogue on Changing Load and Changing Resources, April 14-15, 2025, at the Northwestern Pritzker School of Law in Chicago, Illinois.
3. The PUC office will be closed April 18 and 21, 2025, in observance of the Easter holiday.
4. The next regular commission meeting will be Tuesday, April 22, 2025, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
5. Commission meetings are scheduled for May 8 and 20, 2025.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
April 3, 2025
