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South Dakota Public Utilities Commission Meeting
November 18, 2025, at 9:30 a.m. CST
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. CST on Monday, November 17, 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 must 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)
Telecommunications
1. In the Matter of the Failure of Certain Telecommunications Companies to Timely Pay their Gross Receipts Tax (Finance Manager: Cindy Kemnitz)
The following companies have failed to timely pay their gross receipts tax as required by SDCL 49-1A:
Aquarius Silver LLC
Cliq Communications LLC dba Cliq Mobile
Comlink Total Solutions Corp.
Go Technology Management, LLC
Hello Mobile Telecom, LLC
Lux Mobile USA, Inc.
Mobile 13, Inc.
Native Wireless, LLC dba Free Conferencing Corporation (CarrierX, LLC)
NetworkIP LLC dba Elite Telecom
Pareteum Corporation
Phreeli Company
Power Mobile LLC
Prepaid Wireless Wholesale, LLC
Q Link Wireless LLC
Ready Wireless LLC dba Affinity Cellular and Club Cellular
RSCU Mobile LLC
Splash Cellular LLC
Volt Mobile INC
Wide Voice, LLC
Working Assets Funding Service Inc. dba Credo Long Distance
Wrazzle, Inc.
TODAY, shall the Commission issue an Order to Show Cause as to why the Commission should not fine, and/or suspend or revoke the Certificates of Authority of each of these companies for failure to pay the requisite gross receipts tax?
2. TC23-051 In the Matter of the Application of Impact Telecom, LLC for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
On December 11, 2023, the Commission received an Application for Certificates of Authority to Provide Local Exchange and Interexchange Services in South Dakota from Impact Telecom, LLC (Impact). On June 21 and July 12, 2024, Impact responded to Staff’s data requests. On November 10, 2025, Impact filed a Notice of Withdrawal requesting to withdraw this application without prejudice in anticipation of filing a new application.
TODAY, shall the Commission grant Impact’s request to withdraw its application without prejudice?
3. TC25-034 In the Matter of the Joint Application of Clarity Telecom, LLC dba Bluepeak and Certain Subsidiaries for Approval of Asset Transfer, Request for Eligible Telecommunications Carrier Designation, and Request for Relinquishment of Eligible Telecommunications Carrier Designation (Staff Attorney: Amanda Reiss)
On August 4, 2025, Clarity Telecom, LLC dba Bluepeak (Bluepeak) and Certain Subsidiaries filed an Application for approval of: the pro forma asset transfer to transfer assets to two new wholly owned subsidiaries, Bluepeak BTS and Bluepeak ABS; the request to transfer Bluepeak’s Certificate of Authority to provide local and interexchange services to Bluepeak BTS; the request for a new Certificate of Authority to provide local and interexchange services to Bluepeak ABS; the request to relinquish Bluepeak’s Eligible Telecommunications Carrier (ETC) designation and grant new ETC designation to Bluepeak BTS and Bluepeak ABS. The requests all arise from a series of related, internal transfers of assets between Bluepeak and its wholly owned subsidiaries Bluepeak BTS and Bluepeak ABS. Bluepeak submitted responses to staff’s data requests of September 26, and October 9, 2025. On November 5, 2025, staff filed a memorandum.
TODAY, shall the Commission grant Bluepeak’s Application and approve the pro forma asset transfer, grant the transfer of Bluepeak’s Certificate of Authority for local and interexchange services to Bluepeak BTS, grant a Certificate of Authority for local and interexchange services to Bluepeak ABS, approve the relinquishment of Bluepeak’s Eligible Telecommunications Carrier designation, and grant Eligible Telecommunications Carrier designations to Bluepeak BTS and Bluepeak ABS? AND shall the Commission amend the relevant tariffs to reflect the name changes? OR how shall the Commission proceed?
Electric
1. EL25-031 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2026 Transmission Cost Recovery Eligibility and Rate Adjustment (Staff Analysts: Brittany Mehlhaff, Eric Paulson; Staff Attorney: Jennie Fuerst)
TODAY, shall the Commission give the Executive Director authority to enter into necessary consulting contracts? OR how shall the Commission proceed?
2. EL25-035 In the Matter of Otter Tail Power Company’s Petition for Approval of a Revised Real Time Pricing Rate Section 14.02 (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)
On October 21, 2025, the Commission received Otter Tail Power Company’s (Otter Tail) Petition for Approval of a Revised Real Time Pricing Rate Section 14.02. With this filing, Otter Tail proposes that the revised tariff take effect on January 1, 2026, and remain available only to customers currently enrolled in the RTP rate. On October 29, 2025, Valley Queen Cheese Factory, Inc. filed a Petition to Intervene.
TODAY, shall the Commission grant Valley Queen Cheese Factory, Inc.’s petition to intervene? OR how shall the Commission proceed?
3. EL25-036 In the Matter of the Joint Request for Approval of an Electric Service Territory Exchange Agreement between Southeastern Electric Cooperative, Inc. and Douglas Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Jennie Fuerst)
On October 22, 2025, the Commission received a Joint Request for Approval of an Electric Service Territory Exchange Agreement between Southeastern Electric Cooperative, Inc. (Southeastern) and Douglas Electric Cooperative, Inc. (Douglas Electric). The proposed exception will permit Douglas Electric to provide a single phase, residential electric load, located within Southeastern’s designated service area. The property is situated in the Southwest quarter (SW¼) of the Northwest quarter (NW1/4) of Section 30, T1 OON, R061 W, of Starr Township in Hutchinson County, South Dakota.
TODAY, shall the Commission approve the requested service rights exception between Southeastern Electric Cooperative, Inc. and Douglas Electric Cooperative, Inc.? OR how shall the Commission proceed?
4. EL25-038 In the Matter of NorthWestern Energy Public Service Corporation dba NorthWestern Energy’s Notice of Intent to Apply for Permit for an Energy Conversion Facility at Aberdeen, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Logan Schaefbauer)
On October 31, 2025, the Commission received NorthWestern Energy Public Service Corporation dba NorthWestern Energy’s (NorthWestern) notice of intent to apply for an energy conversion facility at Aberdeen, South Dakota. NorthWestern proposes to construct, own, and operate a natural gas energy conversion facility consisting of three Solar Titan 350 simple-cycle combustion turbines, each with a nameplate capacity of 43.7 MW, for a total nameplate capacity of approximately 131.2 MW. Construction for the facility will include three stacks, standard equipment enclosures, balance-of-plant equipment, and associated facilities. The proposed facility will be located in Section 25, Township 123 North, Range 64 West of the 5th P.M, in Brown County, South Dakota. With its filing, NorthWestern included contact information for county commissions, school districts, and city and municipal mayors near the proposed facility. On November 10, 2025, Staff filed a letter and exhibits regarding the designation of affected area and Local Review Committee.
TODAY, shall the Commission designate the affected area? AND shall the Commission designate a local review committee as described in SDCL 49-41B-6? OR how shall the Commission proceed?
5. EL25-039 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., Update to Infrastructure Rider (IR) Rate 56 and Request for Waiver of Fuel and Purchase Power Adjustment Rate 58 (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Amanda Reiss)
On October 31, 2025, the Commission received a petition from Montana-Dakota Utilities Co. (MDU or Company) for approval of an out-of-period update to its Infrastructure Rider (IR) Rate, pursuant to the terms of MDU’s IR Rate 56 tariff. MDU requests this out-of-period update to more closely match the purchase and impending in service date of the Badger Wind facility. MDU is also requesting a waiver of the Fuel and Purchase Power Adjustment (FPPA) Rate 58 tariff to allow the Company to include the Production Tax Credits (PTC) resulting from the purchase of the Badger Wind Project in the IR Rate 56. MDU proposes an IR rate of $0.01093 per kWh for the rate period covered by this filing, which is an increase of $0.00832 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. However, in this filing, MDU requests approval effective with service rendered on and after March 1, 2026. MDU proposes these costs to be recovered over a 14-month period from March 1, 2026, through April 30, 2027. A typical residential customer using 900 kWh would see an increase of approximately $7.50 per month.
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? AND shall the Commission approve the waiver of the Fuel and Purchased Power Adjustment Rate 58?
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 Public Utilities Commission office will be closed November 24-26, 2025, in observance of the Thanksgiving holiday.
2. The next regular commission meeting will be Thursday, December 2, 2025, at 9:30 a.m. CST in the Floyd Matthew Training Center in the Foss Building, 523 E. Capitol Avenue, Pierre, South Dakota.
3. Commissioners and staff will attend the South Dakota Telecommunications Association/Public Utilities Commission Forum on December 4-5, 2025, at the Clubhouse Hotel and Suites, Sioux Falls, South Dakota
4. Commission meetings are scheduled for December 16 and December 30, 2025.
/s/ Travis Heasley
Travis Heasley
Operations Specialist
puc@state.sd.us
November 12, 2025
