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South Dakota Public Utilities Commission Meeting
December 2, 2025, at 9:30 a.m. CST
Matthew Training Center, Foss Bulding
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, December 1, 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
Administration
1. Approval of the Minutes of the Commission Meetings Held on November 6 and 18, 2025 (Staff: Janeth Merriman)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC25-037 In the Matter of the Application of Ezee Fiber Texas, LLC for Certificates of Public Convenience and Necessity to Operate as a Facilities-Based and Resale Competitive Local and Interexchange Carrier of Telecommunications Services in the State of South Dakota (Staff Attorney: Jennie Fuerst)
On October 30, 2025, the Commission received a filing from Ezee Fiber Texas, LLC (Ezee Fiber) for Certificates of Public Convenience and Necessity to Operate as a Facilities-Based and Resale Competitive Local and Interexchange Carrier of Telecommunications Services in the State of South Dakota. Ezee Fiber seeks a certificate to operate as a wholesale provider of competitive local and interexchange services throughout the state of South Dakota. Ezee Fiber does not seek to provide retail voice telecommunications services nor switched access services. Ezee Fiber proposes to offer broadband and VoIP through its own facilities, including newly constructed conduit, and through commercial agreements utilizing the facilities of underlying providers. On November 6, 2025, Ezee Fiber filed responses to staff’s data requests. On November 12, 2025, the South Dakota Telecommunications Association filed a Petition to Intervene.
TODAY, shall the Commission grant the South Dakota Telecommunications Association’s Petition to Intervene? OR how shall the Commission proceed?
Electric
1. EL20-018 In the Matter of the Application by Wild Springs Solar, LLC for a Permit of a Solar Energy Facility in Pennington County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On May 15, 2020, the Commission received an Application for a Facility Permit (Application) from Wild Springs Solar, LLC (Wild Springs or Applicant). Wild Springs proposes to construct a solar energy facility to be located in Pennington County, South Dakota (Project). The Project would be situated within approximately 1,499 acres and located approximately ½ mile south of New Underwood, South Dakota. The total installed capacity of the Project would not exceed 128 megawatts (MW) of nameplate capacity. On December 4, 2020, the Commission issued an Order Granting Permit to Construct Facility. The permit includes Condition No. 38 that requires Wild Springs to file a surety bond with the Commission, for Commission approval, in the total amount of the approved decommissioning cost estimate, at least 60 days prior to commencement of commercial operation. On March 15, 2024, the Commission issued an Order Approving Bond. On November 18, 2025, Wild Springs filed a Motion for Release of Decommissioning Bond and Approval of Replacement Decommissioning Surety Bond.
TODAY, shall the Commission grant Wild Springs’ Motion for Release of Decommissioning Bond and Approval of Replacement Decommissioning Surety Bond? AND shall the Commission approve the release of bond # 190047588 and approve the proposed replacement surety bond # EACX4046853?
2. EL25-020 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2024 Demand Side Management Report and 2026 Proposed Demand Side Management Plan (Staff Analyst: Eric Paulson; Staff Attorney: Jennie Fuerst)
On May 1, 2025, the Commission received a Petition from Northern States Power Company dba Xcel Energy (Xcel) requesting approval of the 2024 Demand Side Management (DSM) Status Report and 2026 DSM Plan. Specifically, Xcel requests approval of its 2024 DSM Tracker account, the incentive earned for 2024 program performance, the proposed 2026 DSM Cost Adjustment Factor of $0.000476 per kWh, and the proposed DSM Plan for 2026. On August 1, 2025, Xcel filed a revised Petition that revised the proposed 2026 DSM Cost Adjustment Factor from $0.000476 per kWh to $0.000551. Xcel requests an effective date of January 1, 2026, for the DSM Cost Adjustment Factor.
TODAY, shall the Commission approve Xcel’s 2024 Demand Side Management Status Report and tracker account, the performance incentive earned for 2024, the proposed 2026 Demand Side Management Plan, and the proposed 2026 Demand Side Management Cost Adjustment Factor of $0.000551 per kWh with a January 1, 2026, effective date? OR how shall the Commission proceed?
3. EL25-028 In the Matter of the Application by Western Minnesota Municipal Power Agency and Missouri River Energy Services for a Facility Permit for an Energy Conversion Facility and Associated Facilities Including an Electric Transmission Line in Deuel County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Logan Schaefbauer)
On August 7, 2025, the Commission received an Application for an Energy Facility Permit from Western Minnesota Municipal Power Agency and Missouri River Energy Services (Applicants). Applicants propose to construct an energy conversion facility and electric transmission line in Scandinavia Township, Deuel County, South Dakota, known as the Toronto Power Plant (Project). In docket EL24-021, the Commission designated a Local Review Committee (Committee) for the Project by Order dated July 9, 2024. On November 3, 2025, Jay Grabow, Chairman of the Committee, filed a Letter regarding Employment of Personnel to Carry out Provisions of SDCL 49-41B-7. With this letter, Mr. Grabow explained that the Committee has engaged the First District Association of Local Governments (First District) to assist the Committee’s assessment of the factors located in SDCL 49-41B-7. SDCL 49-41B-8 requires the Commission to determine the employment of persons by a local review committee. The cost of employing First District has already been paid by the Applicants. Therefore, the parties are not seeking approval for a specific dollar amount.
TODAY, shall the Commission approve the Local Review Committee’s Request for Employment of Personnel to Carry out Provisions of SDCL 49-41B-7? OR how shall the Commission proceed?
4. EL25-029 In the Matter of The Application by Philip Wind Partners, LLC, for Energy Facility Permits of a Wind Energy Facility and a 230 KV Transmission Facility In Haakon County, South Dakota for The Philip Wind Project (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On August 15, 2025, the Commission received an Application from Philip Wind Partners, LLC (Applicant) for Energy Facility Permits of a Wind Energy Facility and a 230 kV Transmission Facility in Haakon County, South Dakota. Applicant proposes to construct the Philip Wind Project and a 230 kV transmission line, (together, Project) to be located in Haakon County, South Dakota. The Project would be situated within an approximately 68,300-acre project area. The total installed capacity of the Project would not exceed 333 megawatts (MW) of nameplate capacity and deliver up to 300 MW to the point of interconnection. The proposed Project includes up to 87 wind turbines, a 34.5kV electrical collection and supervisory control and data acquisition systems, a 230 kV collector substation, an approximately 7-mile long 230 kV generator transmission tie line, an operations and maintenance facility, up to three aircraft detection lighting system towers; access roads, and up to three meteorological towers. The Project will also include temporary construction areas: crane paths, public road improvements, three general construction laydown yards, staging areas, and a concrete batch plant, as needed. The Project will also be supported by a short (less than 1 mile) extension of an existing 230-kV line owned by Basin Electric Power Cooperative (Basin Electric) that will be separately permitted. In addition, the Western Area Power Administration (WAPA) will construct the 230-kV Philip North Switchyard and two tie-in lines to interconnect the Project into WAPA’s existing Oahe to New Underwood 230-kV transmission line. The Project is expected to be in commercial operation in December 2027. On November 25, 2025, staff and applicant filed a Joint Motion for Procedural Schedule; Joint Motion to consolidate Evidentiary Hearings.
TODAY, shall the Commission Grant the Joint Motion for Procedural Schedule; Joint Motion to consolidate Evidentiary Hearings? OR how shall the Commission proceed?
5. EL25-030 In the Matter of the Application by Basin Electric Power Cooperative for Energy Facility Permit for a 230 KV Transmission Facility In Haakon County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On August 15, 2025, the Commission received a facility permit application from Basin Electric Power Cooperative (Basin Electric or Applicant). Basin Electric proposes to construct a 0.95-mile long, single-circuit 230 kV Transmission line extension (Project) located in Sections 14 and 15 of 20E, 4N, in Haakon County, South Dakota. The Project is an extension between the new Philip North Switchyard, to be constructed by Western Area Power Administration, and a dead-end transmission structure that will cut into the existing transmission line connected to the Philip Tap switching station. The Project will include construction of up to seven three-phase, single circuit transmission structures constructed on steel H-frame and monopole structures and will include up to four pulling and tensioning sites. On November 25, 2025, staff and applicant filed a Joint Motion for Procedural Schedule; Joint Motion to consolidate Evidentiary Hearings.
TODAY, shall the Commission Grant the Joint Motion for Procedural Schedule; Joint Motion to consolidate Evidentiary Hearings? OR how shall the Commission proceed?
6. EL25-032 In the Matter of the Petition of Sweetman Const. Co. dba Knife River, to have Xcel Energy Assigned as its Electric Provider in the Service Area of Sioux Valley Electric (Staff Analyst: Joseph Rezac; Staff Attorney: Jennie Fuerst)
On September 12, 2025, Sweetman Const. Co. dba Knife River (Knife River) filed a Petition to have Xcel Energy (Xcel), assigned as its Electric Provider in the Service Area of Sioux Valley Electric (Sioux Valley). The Petition asks the Commission for an order pursuant to SDCL 49-34A-56 that allows Knife River to take electric service from Xcel, for its proposed rock crushing plant to be located at 25944 482nd Ave., Brandon, South Dakota. The location is currently within the assigned service area of Sioux Valley. Under SDCL 49-34A-56, new customers at new locations that develop after March 21, 1975, and who require electric service with a contracted minimum demand of two thousand kilowatts or more, are not obligated to take electric service from the electric utility having the assigned service area where the customer is located if the Commission so determines, after consideration of certain factors set forth in statute. On October 27, 2025, Sioux Valley-Southwestern Electric Cooperative, Inc., East River Electric Power Cooperative, Inc., Basin Electric Power Cooperative, and Xcel Energy were granted intervention. On November 24, 2025, Knife River filed a Motion for a Procedural Schedule.
TODAY, shall the Commission grant Sweetman Const. Co. dba Knife River’s Motion for a Procedural Schedule? OR how shall the Commission proceed?
7. EL25-037 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of Tariff Revisions to Its Rates for Rate 95 and Rate 96 (Staff Analyst: Joseph Rezac; Staff Attorney: Jennie Fuerst)
On October 29, 2025, Montana-Dakota Utilities Co. (MDU) filed for approval of revisions to its Rate 95 (occasional power purchase non-time differentiated) and Rate 96 (short-term power purchase) tariff sheets. This filing updates the energy and capacity payments based on current data. MDU states it currently has one customer taking service under Rate 95 and the annual change in revenue due to this filing will be minimal. MDU requests a January 1, 2026, effective date.
TODAY, shall the Commission approve Montana-Dakota Utilities Co.’s tariff revisions with an effective date of January 1, 2026?
8. EL25-040 In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analyst: Joseph Rezac ; Staff Attorney: Amanda Reiss)
On November 3, 2025, the Commission received Otter Tail Power Company’s (Otter Tail) petition for approval of its annual update to its Transmission Cost Recovery Rider (TCR) rate. Otter Tail’s petition updates its TCR rates to collect revenue requirements over the 12-month recovery period of March 2026 through February 2027. This update includes actual investment costs, expenses, and revenues associated with existing projects and approved recovery items that were moved into base rates as of December 1, 2025, updated forecast information for the remainder of the current recovery period which ends February 29, 2026, and forecasted information for the proposed recovery period ending February 28, 2027. No new projects are included in this annual update. Otter Tail updates the D2 allocation factor to include all load changes in compliance with the docket EL21-031 order. Otter Tail states that residential customers using 1,000 kWh per month will see a bill increase of approximately $3.84. Otter Tail proposes a rate implementation date of March 1, 2026.
TODAY, shall the Commission assess a filing fee in the amount of up to $50,000.00 to account for actual expenses incurred in review of this filing commencing from the filing date?
Gas and Electric
1. GE25-001 In the Matter of the Joint Application of NorthWestern Energy Public Service Corporation, Black Hills Corporation and NorthWestern Energy Group, Inc., for Approval of Merger (Staff Analysts: Patrick Steffensen, Brittany Mehlhaff, Eric Paulson; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
On October 27, 2025, Black Hills Corporation (Black Hills) and NorthWestern Energy Group, Inc. (NorthWestern Group and collectively, the Merger Parties) and NorthWestern Energy Public Service Corporation d/b/a NorthWestern Energy (NorthWestern) (together with Merger Parties, the Joint Applicants) filed a Joint Application for Approval of Merger. NorthWestern Group will become a direct subsidiary of Black Hills, and NorthWestern will remain a direct subsidiary of NorthWestern Group. Black Hills’ pre-merger shareholders will own approximately 56% of the combined company, and NorthWestern Group’s pre-merger shareholders will own approximately 44% of the combined company. Following the Merger, the combined company’s board of directors will consist of six directors from Black Hills’ current board and five directors from NorthWestern Group’s current board. NorthWestern delivers electric service to approximately 65,300 South Dakota customers, and natural gas service to approximately 50,500 customers. Black Hills’ subsidiary, Black Hills Power, Inc. d/b/a Black Hills Energy (Black Hills Power) supplies electricity to approximately 75,000 customers in South Dakota. The Commission has a statutory deadline to act within 180 days of filing. On November 14, 2025, the South Dakota Laborers Local 620, the Great Plains Laborer’s District Council, and the Laborers International Union of North America filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to those who filed? AND shall the Commission give the Executive Director authority to enter into necessary consulting contracts? 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 Public Utilities Commission office will be closed November 27-28, 2025, in observance of the Thanksgiving holiday.
2. 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.
3. Commissioners and staff will meet with representatives of the South Dakota Electric Utility Companies on Monday, December 15, 2025, at 11:30 a.m., CST at the Capitol Lake Visitors Center, 650 E. Capitol Avenue, Pierre, South Dakota. The agenda is to discuss company activities.
4. The next regular commission meeting will be Tuesday, December 16, 2025, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.
5. The Public Utilities Commission office will be closed December 24-26, 2025, in observance of the Christmas holiday.
6. Commission meetings are scheduled for December 30, 2025, and January 13, 2026.
/s/ Travis Heasley
Travis Heasley
Operations Specialist
puc@state.sd.us
November 25, 2025
