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South Dakota Public Utilities Commission Meeting
January 27, 2026, at 1:30 p.m. CST
Matthew Training Center, Foss 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. CST on Tuesday, January 27, 2026, 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 Meeting and the Gross Receipts Tax Hearing Held on January 13, 2026 (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 December 3, 2025, the Commission granted intervention to South Dakota Telecommunications Association. On January 20, 2026, Ezee Fiber Texas, LLC filed a Notice of Withdrawal and Request for Dismissal Without Prejudice.
TODAY, shall the Commission grant Ezee Fiber Texas, LLC’s Request for Dismissal Without Prejudice? OR how shall the Commission proceed?
Electric
1. EL25-003 In the Matter of the Joint Request for Approval of an Electric Service Territory Exchange Agreement between the City of Elk Point and Union County Electric Cooperative (Staff Analyst: Joseph Rezac; Staff Attorneys: Jennie Fuerst, Logan Schaefbauer)
On February 13, 2025, the Commission received a joint request for a service territory exchange from the City of Elk Point (Elk Point), and Union County Electric Cooperative, Inc. (Union County). The proposed exchange will transfer service rights of certain agreed upon parcels from Union County to Elk Point. On January 16, 2026, Staff filed a legal description of the parcels.
TODAY, shall the Commission approve the requested service territory exchange agreement between the City of Elk Point and Union County Electric Cooperative? OR how shall the Commission proceed?
2. EL25-019 In the Matter of Black Hills Power, Inc. dba Black Hills Energy for Approval to Implement an Economic Flexible Load Service Tariff and Amend its Energy Cost Adjustment Tariff Effective June 1, 2025 (Staff Analyst: Joseph Rezac; Staff Attorney: Jennie Fuerst)
On April 28, 2025, the Commission received a request for approval to implement an economic flexible load service tariff and to amend its energy cost adjustment tariff effective June 1, 2025, from Black Hills Power Inc. dba Black Hills Energy (Black Hills). The proposed tariff revisions would revise the fuel and purchased power adjustment and establish a new tariff to allow Black Hills to serve large interruptible loads of 10,000kW (10MW) or greater that are interconnected with Black Hills’ system. The tariff will be for new blockchain customers. Customers under this tariff would be responsible for an appropriate share of system costs in order to minimize any adverse impacts to other retail customers from stranded asset costs, capacity, and transmission constraints. Any losses resulting from the Tariff service will be the responsibility of Black Hills and/or the EFLS customer and will not be recovered from other retail customers. On January 20, 2026, staff and Black Hills filed a Joint Motion for Approval of Stipulation.
TODAY, shall the Commission approve the joint motion for approval of stipulation? OR how shall the Commission proceed?
Pipeline Safety
1. PS25-003 In the Matter of the PUC Staff’s Complaint Against Black Hills Power, Inc. dba Black Hills Energy (Pipeline Safety Staff: Mary Zanter, Boice Hilmer; Staff Analyst: Darren Kearney; Staff Attorneys: Jennie Fuerst, Logan Schaefbauer)
On November 4, 2025, staff filed a Complaint against Black Hills Power, Inc. dba Black Hills Energy (Respondent) alleging violations of SDCL chapters 49-34B and 49-41B, as well as associated administrative rules. On November 25, 2025, Respondent filed a Motion to Dismiss and Answer to Complaint (Motion to Dismiss). The Parties agreed to a procedural schedule on the Motion and the Commission issued an Order for and Notice of Hearing on December 11, 2025. On January 2, 2026, staff filed a Brief in Opposition to the Motion to Dismiss Answer to Complaint.
TODAY, shall the Commission grant the Motion to Dismiss? OR how shall the Commission proceed?
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 will hold a hearing on a Motion to Dismiss for PS25-003 - In the Matter of the PUC Staff’s Complaint Against Black Hills Power, Inc. dba Black Hills Energy immediately following the adjournment of the regular commission meeting on Tuesday, January 27, 2026, in the Matthew Training Center, Foss Building, 523 E. Capitol Ave., Pierre, South Dakota.
2. The PUC will host an Open House for Legislators on Tuesday, January 27, 2026, 7:30-11:00 a.m. CST in the PUC office, first floor of the State Capitol Building, Pierre, South Dakota.
3. The PUC will host a Briefing for Legislators on Wednesday, January 28, 2026, at 4:00 p.m. CST in Room 414 at the State Capitol Building, Pierre, South Dakota. The agenda is to discuss current issues related to energy regulation, telecommunications, grain warehouses, and regional transmission organizations.
4. The next regular commission meeting will be Tuesday, February 12, 2026, at 1:30 p.m. CST in Matthew Training Center, Foss Building, 523 E. Capitol Ave., Pierre, South Dakota.
5. The PUC office will be closed Monday, February 16, 2026, in observance of Presidents Day.
6. Commission meetings are scheduled for February 23 and March 10, 2026.
/s/ Travis Heasley
Travis Heasley
Operations Specialist
puc@state.sd.us
January 21, 2026
