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South Dakota Public Utilities Commission Meeting
July 14, 2026, 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 Monday, July 13, 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
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Administration
1. Approval of the Minutes of the Commission Meetings Held on June 18 and 24, 2026. (Staff: Janeth Merriman)
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC26-003, TC26-004 and TC26-005
TC26-003 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 May 13, 2026, 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.
TC26-004 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 May 13, 2026, 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.
TC26-005 In 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 May 13, 2026, 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.
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?
2. TC26-010 In the Matter of the Consideration of a Waiver of Certain Telecommunications Annual Reporting Requirements (Commission Attorney: Kristen Edwards)
On June 22, 2026, Commission Counsel filed a Letter Regarding Consideration of a Waiver of Certain Telecommunications Annual Reporting Requirements for this year and or future years. Specifically, the letter requested the Commission consider granting a waiver of ARSD 20:10:32:12 and ARSD 20:10:24:04, which require companies that have received a local exchange or interexchange certificate of authority, respectively, to file certain information to be filed by June 1 of each year.
TODAY, shall the Commission grant a waiver of ARSD 20:10:32:12 and ARSD 20:10:24:04? OR how shall the Commission proceed?
Electric
1. 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). The Project as proposed consists of 145 MW dual fuel power plant and a 345 kV generation-tie transmission line. The power plant consists of four combustion turbine-generator sets, a turbine hall building, diesel fuel truck unloading facilities, and other associated facilities. The 345 kV generation-tie transmission line will be approximately 4.3 miles long and will connect the power plant with the existing Astoria 345 kV substation. Associated facilities will include natural gas piping anticipated to be less than 450 feet along the southwest side of the proposed power plant site. On June 30, 2026, the Applicants filed a Motion to Extend Decision Deadline for six months so that the Applicants can evaluate the feasibility of the Project at this location given the recent zoning and moratorium developments in Deuel County. Pursuant to SDCL 49-41B-24.1, the Commission may extend the one-year deadline for energy conversion facilities upon request of the applicant.
TODAY, shall the Commission grant the Applicants’ Motion to Extend Decision Deadline for six months? OR how shall the Commission proceed?
2. EL26-003 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Authority to Increase Rates For its Utility Service in South Dakota (Staff Analysts: Brittany Mehlhaff, Eric Paulson, Joseph Rezac, Patrick Steffensen; Staff Attorney: Amanda Reiss)
On February 19, 2026, the Commission received an application by Black Hills Power, Inc. dba Black Hills Energy (BHP) for approval to increase rates for electric service to customers in its South Dakota service territory by approximately $50.6 million annually or approximately 25.1% based on BHP’s test year ending September 30, 2025. The Company states a typical residential electric customer using 650 kWh per month would see an increase of $25.13 per month. The proposed changes may potentially affect approximately 75,000 customers in BHP’s South Dakota service territory. On June 8, 2026, Intervenor John D. McKee Sr. filed a Motion to Adopt Protective Order. On June 16, 2026, BHP filed a Letter regarding Response to McKee’s Motion to Adopt Protective Order and on June 17, 2026, Mr. McKee filed a Reply. At the June 30, 2026, Commission Meeting, the Commission deferred action on McKee’s Motion to Adopt Protective Order.
TODAY, shall the Commission grant Mr. McKee’s Motion to Adopt Protective Order? OR how shall the Commission proceed?
3. EL26-012 In the Matter of the Joint Request for Approval of an Electric Service Territory Memorandum of Understanding between The City of Vermillion and Clay-Union Electric (Staff Analyst: Joseph Rezac)
On May 11, 2026, the Commission received an application from the City of Vermillion and Clay-Union Electric for approval of an agreement to revise the service territory boundary between the two utilities. Included in the filing is a signed agreement, updated legal description, and maps outlining the two proposed changes.
TODAY, shall the Commission approve the requested service territory exchange agreement between the City of Vermillion and Clay-Union Electric?
4. EL26-014 In the Matter of the Application of Crowned Ridge Energy Storage I, LLC for a Permit for an Energy Conversion Facility (Staff Analyst: Jon Thurber; Staff Attorney: Jennie Fuerst)
On May 14, 2026, the Commission received an Application for an Energy Conversion Facility Permit from Crowned Ridge Energy Storage I, LLC (Applicant). Applicant proposes to construct an energy conversion facility in Codington County, South Dakota, known as the battery energy storage system (Project). The Project as proposed consists of 120-megawatt (MW) battery energy storage system (BESS) to store excess energy available on the grid. The Project includes a 120-MW, 4-hour duration BESS facility with associated inverters, transformers, medium voltage (mV) collection cables, and other ancillary facilities, such as fencing, roads, and a supervisory control and data acquisition (SCADA) system. The Project will connect to the existing CRW Collector Substation via approximately 2,215-foot-long mV collection cables. The Project is expected to be in commercial operation in May 2028. Applicants estimate the total construction cost to be $174 million. SDCL 49-41B-12 provides for a filing fee to be assessed to cover the Commission’s actual cost of investigating, reviewing, processing, and serving notice of the Application. On June 4, 2026, the Commission issued Order Assessing Filing Fee; Order Authorizing Executive Director to Enter in Consulting Contracts. On July 1, 2026, the Commission received Timothy Lindgren and Linda M. Lindgren’s Applications for Party Status. Pursuant to ARSD 20:10:22:40, the deadline for persons to file an application for party status is 5:00 p.m. CT, July 13, 2026.
TODAY, shall the Commission grant Party Status to those who may have filed? OR how shall the Commission Proceed?
5. EL26-017 In the Matter of Otter Tail Power Company’s Petition for Approval of Tariff Revisions to its South Dakota Rate Book, Section 1.05 (Staff Attorney: Jennie Fuerst)
On May 27, 2026, Otter Tail Power Company (Otter Tail) filed for approval of its tariff revision to Section 1.05 of its South Dakota Rate Book. Otter Tail proposes to implement a new Direct Payment Agreement.
TODAY, shall the Commission approve the tariff revisions with an effective date of August 1, 2026?
6. EL26-018 In the Matter of the Joint Request for Approval of a Consent and Agreement between NorthWestern Public Service Corporation dba NorthWestern Energy and Central Electric Cooperative, Inc. Regarding Electric Service Rights (Staff Analyst: Darren Kearney)
On May 28, 2026, NorthWestern Public Service Corporation dba NorthWestern Energy (NorthWestern) and Central Electric Cooperative, Inc. (Central) filed a Consent and Agreement (Agreement) for Commission approval. The Agreement is filed pursuant to SDCL 49-34A-55 and identifies certain electric service locations that NorthWestern and Central have agreed to allow the other electric utility to continue to serve within their designated electric service territory. The locations in the Agreement were not served prior to March 21, 1975, and are not grandfathered in under SDCL 49-34A-42. Given this, the utilities entered into the Agreement to memorialize the electric serve rights for the locations.
TODAY, shall the Commission approve the Consent and Agreement between NorthWestern Public Service Corporation dba NorthWestern Energy and Central Electric Cooperative, Inc.?
7. 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 December 4, 2025, the Commission issued an Order Granting Motion for a Procedural Schedule. On March 5, 2026, the Commission issued an Order for and Notice of Evidentiary Hearing and Order Amending Deadline for Filing of Exhibits and Witness Lists. The Commission held an evidentiary hearing in this matter on April 13, 2026. On May 26, 2026, the Commission issued Order Establishing Post-Hearing Briefing Schedule. Knife River submitted its post-hearing brief on May 15, 2026. Sioux Valley Electric, East River Electric and Basin Electric submitted their joint post hearing brief on June 12, 2026. Staff submitted its post hearing brief on June 12, 2026. Knife River submitted its reply brief on June 29, 2026. On July 7, the Commission issued an Order Establishing date for Decision and Oral Arguments.TODAY, shall the Commission grant Sweetman Const. Co. dba Knife River’s Petition to have Xcel Energy Assigned as its Electric Provider in the Service Area of Sioux Valley Electric? 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 next regular commission meeting will be Tuesday, July 28, 2026, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
2. Commissioners will attend the National Association of Regulatory Commissioners’ Summer Policy Summit, July 19-22, 2026, at the Hilton Minneapolis, Minneapolis, Minnesota.
3. Commission meetings are scheduled for August 11and 25, 2026.
/s/ Travis Heasley
Travis Heasley
Operations Specialist
puc@state.sd.us
July 7, 2026
