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South Dakota Public Utilities Commission Meeting
August 14, 2025, at 9:30 A.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 5:00 p.m. CDT on Wednesday, August 13, 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 July 15, 2025 (Staff: Janeth Merriman)

Consumer Reports

1.     Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

Telecommunications

1.      TC24-005        In the Matter of the Filing of TracFone Wireless, Inc.’s Petition for Approval of a 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: Eric Paulson; Staff Attorney: Logan Schaefbauer)

           On February 1, 2024, the Commission received TracFone Wireless, Inc.’s (TracFone or Verizon Value) Petition for an Eligible Telecommunications Carrier Designation for the limited purpose of providing lifeline service to qualifying customers. On February 2, 2024, the Commission issued an Order granting intervention to South Dakota Telecommunications Association (SDTA). On June 3, 2024, SDTA and TracFone filed SDTA and TracFone Wireless, Inc.’s Stipulation. On October 15, 2024, TracFone filed responses to staff’s first set of data requests. On January 23, 2025, SDTA filed a letter regarding Tracfone’s response to staff’s first data requests. On February 10, 2025, TracFone filed responses to staff’s second set of data requests. On May 27, 2025, TracFone filed a Supplement to its Petition for an Eligible Telecommunications Carrier Designation. With this supplemental filing, TracFone changed its name to Verizon Value, Inc. On May 29, 2025, Verizon Value, formerly known as TracFone, filed responses to staff’s third set of data requests.

           TODAY, shall the Commission approve the Joint Stipulation? AND shall the Commission grant Verizon Value’s Petition for Designation as an Eligible Telecommunications Carrier for purposes of receiving federal Lifeline universal service support? OR how shall the Commission proceed?

2.      TC25-003        In the Matter of the Application of Assurance Wireless USA, L.P., to Expand its Eligible Telecommunications Carrier Designated Service Area to Include Tribal Lands (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

           On May 5, 2025, the Commission received an application from Assurance Wireless USA, L.P. (Assurance), to expand its Eligibe Telecommunications Carrier designated service area to include Tribal Lands for the purposes of receiving federal Lifeline universal service support. On May 9, 2025, the South Dakota Telecommunications Association (SDTA) petitioned to intervene in the docket. On May 21, 2025, the Commission issued an Order Granting Intervention to SDTA. On June 13, 2025, Assurance filed additional information and on July 1, 2025, filed responses to SDTA’s first data request. On July 25, 2025, SDTA filed Comments. On August 1, 2025, Assurance filed a response to comments of SDTA. On August 6, 2025, staff, SDTA and Assurance filed a Joint Stipulation regarding hearing.

           TODAY, shall the Commission approve the Joint Stipulation? AND shall the Commission grant Assurance Wireless USA, L.P.’s application to expand its Eligible Telecommunications Carrier Designated Service Area to Include Tribal Lands for the purposes of receiving federal Lifeline universal service support? OR how shall the Commission proceed?

3.      TC25-011        In the Matter of the Application of Fiber AssetCo LLC for Certificates of Authority to Provide Resold and Facilities-Based Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Jennie Fuerst)

           On June 12, 2025, the Commission received a filing from Fiber AssetCo LLC (Fiber AssetCo) for a Certificate of Authority to provide local exchange and interexchange telecommunications services in the State of South Dakota. In its supplement to the application, filed on June 25, 2025, Fiber AssetCo clarified that it seeks a Certificate to provide local exchange telecommunications services throughout South Dakota excluding the areas served by a rural telephone company and interexchange telecommunications services throughout South Dakota. Fiber AssetCo will provide resold and facilities-based local and interexchange telecommunications services and not provide traditional switched local exchange, voice, or switched access services. Fiber AssetCo will primarily provide facilities-based private line, ethernet, and wavelength services. On July 23, 2025, Fiber AssetCo filed responses to staff’s first data request.

           TODAY, shall the Commission grant Fiber AssetCo’s request for a Certificate for Authority to provide local exchange and interexchange telecommunication services in South Dakota? AND shall the Commission grant Fiber AssetCo’s request for a waiver of ARSD 20:10:32:10?

4.      In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC25-005, TC25-006, TC25-007, TC25-008, TC25-009, TC25-019, TC25-020, TC25-021, TC25-022, TC25-023, TC25-025, TC25-026, TC25-027 and TC25-029

     TC25-005        In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. (ILEC) for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391654) (Staff Analyst: Brittany Mehlhaff)

         On June 4, 2025, the Commission received an application from Interstate Telecommunications Cooperative, Inc. (ILEC) (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 14 and July 24, 2025, the Company responded to staff’s data requests.

     TC25-006        In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. (CLEC) for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399013) (Staff Analyst: Brittany Mehlhaff)

         On June 4, 2025, the Commission received an application from Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. (CLEC) (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 14 and July 24, 2025, the Company responded to staff’s data requests.

     TC25-007        In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 399017 and 396340) (Staff Analyst: Joseph Rezac)

         On June 4, 2025, the Commission received an application from Northern Valley Communications, LLC (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 30, 2025, the Company responded to staff’s data request.

     TC25-008        In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391664) (Staff Analyst: Joseph Rezac)

         On June 4, 2025, the Commission received an application from James Valley Cooperative Telephone Company (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 30, 2025, the Company responded to staff’s data request.

     TC25-009        In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399014) (Staff Analyst: Joseph Rezac)

         On June 4, 2025, the Commission received an application from James Valley Wireless, LLC (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 30, 2025, the Company responded to staff’s data request.

     TC25-019        In the Matter of the Request of Qwest Corporation dba CenturyLink QC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 395145) (Staff Analyst: Eric Paulson)

         On June 25, 2025, the Commission received an application from Qwest Corporation dba CenturyLink QC (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 22 and 29, 2025, the Company responded to staff’s data requests.

     TC25-020        In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391660) (Staff Analyst: Darren Kearney)

         On June 26, 2025, the Commission received an application from Fort Randall Telephone Company (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 23 and 25, 2025 the Company responded to staff’s data requests.

     TC25-021        In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391685) (Staff Attorney: Amanda Reiss)

         On June 27, 2025, the Commission received an application from Valley Telecommunications Cooperative Association, Inc (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On August 6, 2025, the Company responded to staff’s data requests.

     TC25-022        In the Matter of the Request of Venture Communications Cooperative for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391680) (Staff Attorney: Logan Schaefbauer)

         On June 27, 2025, the Commission received an application from Venture Communications Cooperative (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On August 6, 2025, the Company responded to staff’s data request.

     TC25-023        In the Matter of the Request of Venture Vision, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399025) (Staff Attorney: Logan Schaefbauer)

         On June 27, 2025, the Commission received an application from Venture Vision, Inc. (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On August 6, 2025, the Company responded to staff’s data request.

     TC25-025        In the Matter of Request of Cheyenne River Sioux Tribe Telephone Authority for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391647) (Study Area: 395145) (Staff Analyst: Eric Paulson)

         On June 30, 2025, the Commission received an application from Cheyenne River Sioux Tribe Telephone Authority (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 21 and July 30, 2025, the Company responded to staff’s data requests. On July 25, 2025, the Commission received South Dakota Telecommunications Association's Letter regarding Response to Commissioner's question.

     TC25-026        In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391649) (Staff Attorney: Amanda Reiss)

         On June 30, 2025, the Commission received an application from Beresford Municipal Telephone Company (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On August 6, 2025, the Company responded to staff’s data requests.

     TC25-027        In the Matter of the Request of Jefferson Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391666) (Staff Attorney: Logan Schaefbauer)

         On June 30, 2025, the Commission received an application from Jefferson Telephone Company (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 29 and August 6, 2025, the Company responded to staff’s data requests.

     TC25-029        In the Matter of the Request of Midcontinent Communications for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399005) (Staff Analyst: Eric Paulson)

         On June 30, 2025, the Commission received an application from Midcontinent Communications (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 25, 2025, the Company responded to staff’s data requests.

         TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets?

Electric

1.      EL25-023        In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of a Waiver of Fuel and Purchase Power Adjustment Rate 58 (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

      On June 20, 2025, the Commission received a filing from Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc. (MDU) for a waiver of the Fuel and Purchased Power Adjustment (FPPA) Rate 58 tariff to allow MDU to retain the Production Tax Credits (PTCs) from the repowering of Cedar Hills and Diamond Willow Wind Phase 2. MDU is currently in the process of repowering Cedar Hills which consists of 13 wind turbines near Rhame, North Dakota, and Diamond Willow Wind Phase 2 which consists of 7 wind turbines near Baker, Montana. The repowering of Cedar Hills and Diamond Willow Wind Phase 2 is expected to be completed in late October 2025 and will qualify for PTCs for a period of 10 years. With this filing, MDU requests a ruling identifying that the new PTCs will not be subject to the provisions of MDU’s FPPA Rate 58 tariff.

         TODAY, shall the Commission determine the new production tax credits are not subject to the provisions of Montana-Dakota Utilities Co.’s FPPA Rate 58 tariff?

Rule Making

1.      RM25-001       In the Matter of the Adoption of Administrative Rules (Commission Attorney: Kristen Edwards)

         On April 30, 2025, the Commission opened a rulemaking docket to address the following administrative rules: 20:10:01:02.01, 20:10:01:02.05, 20:10:01:32, 20:10:22:05, 20:10:22:40, 20:10:22:41, 20:10:32:03, 20:10:32:12, 20:10:32:21, 20:10:32:42, 20:10:32:43, 20:10:32:43.02, 20:10:32:43.05, 20:10:32:43.06, 20:10:32:43.07, 20:10:32:53, 20:10:32:54, 20:10:32:55, 20:10:33:21, 20:10:33:27, and 20:10:37:01. A complete copy of the proposed changes can be viewed at https://puc.sd.gov/Dockets/Rulemaking/2025/RM25-001.aspx. The Commission held a public hearing on the proposed rules on July 15, 2025, and accepted written comments through July 29, 2025.

         TODAY, shall the Commission adopt final rules?

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 and staff will attend the South Dakota Telecommunications Association’s Annual Conference, August 17-19, 2025, at The Lodge at Deadwood, Deadwood, South Dakota.

2.   Commissioners and staff will attend NorthWestern Energy’s South Dakota Energy Summit, August 21, 2025, at Mitchell Technical College, Mitchell, South Dakota.

3.   The next regular commission meeting will be Tuesday, August 26, 2025, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.

4.   Commissioners and staff will meet with consumers in the PUC booth in the Expo Building at the South Dakota State Fair August 27 – September 1, 2025, in Huron, South Dakota. 

5.   The PUC office will be closed Monday, September 1, 2025, in observance of Labor Day.

6.   Commission meetings are scheduled for September 9 and 23, 2025.

 

  /s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 7, 2025