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Note: The title of docket AA25-001 has been corrected
South Dakota Public Utilities Commission Meeting
April 22, 2025, at 1:30 P.M. CDT
Room 414, 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 Tuesday, April 22, 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
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Administration
1. AA25-001 Establishment of the Gross Receipts Tax Levy for Fiscal Year 2025 2026 (Finance Manager: Cindy Kemnitz, Staff Attorney: Logan Schaefbauer)
SDCL Chapter 49-1A establishes the South Dakota Public Utilities Commission Gross Receipts Tax Fund (Fund). This Fund is financed by assessing a tax on the annual intrastate gross receipts received by a utility. The Fund is used by the Commission to defray regulatory expenses related to the regulation of telecommunications, electricity, and natural gas. On April 1 of each year, each utility and telecommunications company doing business in South Dakota shall file with the Commission, on forms provided by the Commission, the amount of its gross receipts derived from customers within South Dakota during the preceding calendar year pursuant to SDCL 49-1A-4. The report shall be sworn to and verified by an officer of the company. The Commission shall, by order, establish the rate and assess the tax authorized in SDCL 49-1A-3 which, together with any funds remaining from the current fiscal year and the $250 minimum gross receipt tax, will fund the Commission’s budget for the next fiscal year and provide a contingency reserve in an amount not to exceed the prior year’s budget. In accordance with SDCL 49-1A-5, the tax is due and payable on July 15 of each year. On March 10, 2025, staff filed a letter requesting a docket be opened in this matter.
TODAY, shall the Commission establish the rate and assess the Gross Receipts Tax as authorized in SDCL 49-1A-3?
Telecommunications
1. TC25-002 In the Matter of the Filing of Telrite Corporation d/b/a Life Wireless’ Petition for Designation as an Eligible Telecommunications Carrier in the State of South Dakota for the Limited Purpose of Providing Lifeline Service to Qualifying Customers (Staff Analyst: Joseph Rezac, Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
On March 14, 2025, the Commission received Telrite Corporation d/b/a Life Wireless’ Petition for Designation as an Eligible Telecommunications Carrier for the Limited Purpose of Providing Lifeline Service to Qualifying Customers. On March 18, 2025, the South Dakota Telecommunications Association filed a Petition to Intervene.
TODAY, shall the Commission grant Intervention to anyone who may have filed?
Electric
1. EL25-009 In the Matter of the Filing of Northern States Power Company dba Xcel Energy for Approval of Its 2024 Economic Development Activities and 2025 Economic Development Budget (Staff Analyst: Brittany Mehlhaff; Staff Attorneys: Amanda Reiss, Jennie Fuerst)
On March 11, 2025, Northern States Power Company dba Xcel Energy (Xcel) filed for approval of its 2024 Economic Development Annual Report and 2025 Economic Development Budget. The filing includes Xcel’s report on the 2024 budgeted and actual economic development expenses and provides documentation of the actual expenses incurred. The filing also details a proposed economic development budget for 2025.
TODAY, shall the Commission approve Xcel Energy’s 2024 Economic Development Report and its 2025 Economic Development Budget?
2. EL25-010 In the Matter of Otter Tail Power Company’s Petition for Approval of Tariff Revisions to its South Dakota Rate Book, Section 16.00 (Staff Analyst: Eric Paulson; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
On March 25, 2025, Otter Tail Power Company (Otter Tail) filed for approval of its tariff revision to Section 16.00 of its South Dakota Rate Book. Otter Tail proposes to remove the one contract with deviations customer on this contract with deviations tariff sheet who has signed a standard electric service agreement (ESA) and no longer has their ESA with deviations in effect as of January 1, 2025.
TODAY, shall the Commission approve the tariff revisions with an effective date of April 25, 2025?
3. EL25-013 In the Matter of the Filing by NorthWestern Energy Public Service Corporation dba NorthWestern Energy’s Request to Implement a Phase-In Rate Plan Rider (Staff Analysts: Brittany Mehlhaff, Joseph Rezac; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
On April 1, 2025, NorthWestern Energy Public Service Corporation dba NorthWestern Energy (NorthWestern) filed a Petition for Approval of Its Phase-In Rate Plan Rider (PIRP Rider). NorthWestern requests recovery of capital investment costs associated with an electric generation plant rebuild located in Aberdeen, South Dakota and costs related to its evaluation of Small Modular Nuclear Reactors (SMR) technology to meet future generation and capacity needs. The proposed rates and monthly impact will vary by customer class. Northwestern states a typical residential electric customer using an average of 750 kWh per month will be billed $2.27 per month under the proposed PIRP Rider. NorthWestern requests Commission approval of its proposed PIRP Rider with an effective date of July 1, 2025.
TODAY, shall the Commission assess a filing fee in the amount of up to $250,000 to account for actual expenses incurred in review of this filing commencing from the filing date? AND shall the Commission give the Executive Director authority to enter into necessary consulting contracts?
Hydrocarbon and Carbon Dioxide Pipeline
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. On March 12, 2025, Applicant filed a Motion to Suspend Current Scheduling Order and Extend Current Deadline Indefinitely (Motion to Suspend). On March 27, 2025, Attorney Brian Jorde filed on behalf of certain Intervenors a Motion to Deny Application (Landowners’ Motion to Deny). At the April 10 Commission meeting, the Commission denied Applicant’s Motion to Suspend and deferred action on Landowners’ Motion to Deny until the next Commission meeting.
TODAY, shall the Commission grant Landowners’ Motion to Deny? 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. The PUC office will be closed April 18 and 21, 2025, in observance of the Easter holiday.
2. The next regular commission meeting will be Thursday, May 8, 2025, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. Commission meetings are scheduled for May 20 and June 3, 2025.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
April 15, 2025
