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South Dakota Public Utilities Commission Meeting
January 14, 2025, at 9:30 A.M. CST
Matthew Training Center, Foss Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Chairperson Kristie Fiegen called the meeting to order. Present were Commissioner Gary Hanson and Commissioner Chris Nelson; Commission Attorney Kristen Edwards; Staff Attorneys Jennie Fuerst, Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Patrick Steffensen and Jon Thurber; Consumer Affairs Manager Deb Gregg; and Administrative Staff Janeth Merriman.
Also present were Joell and Ed Fischbach; Debra Ross; Carol Kapperman; Nancy Stewart; Rick Weible; Mike Mathis; Gary Meyer; Clayton Rentschcen; Amanda Radke; Gwen Reker; Penny Bridge; James and Melissa Elijah; Mary Jo Minor; Ray A. Geffre; Chase Jensen; Ben Krohmer; Craig Schaunaman; David Smith, South Dakota Farmers Union; and Joshua Haiar, South Dakota Searchlight.
Joining the meeting by telephone were Commission Advisor Greg Rislov; Michael Donahue, Marashlian & Donahue, PLLC, representing Celerity Networks LLC and Gallatin Wireless Internet LLC; Todd Brink, Jason Keil and Mark Lux, Black Hills Power, Inc. dba Black Hills Energy; Matt Schmahl, West River Electric Association, Inc.; Gail Baranko, Northern States Power Company dba Xcel Energy; Jeff Birkeland, West Central Electric Cooperative, Inc., David Larson, Larson Law PC, representing West Central Electric Cooperative, Inc.; Derek Haugen, Otter Tail Power Company; Meredith Moore, Cutler Law Firm, LLP, representing, South Dakota Ethanol Producers Association; Brett Koenecke, May Adam, representing SCS Carbon Transport LLC; and Brian Jorde Domina Law Group representing certain party status applicants.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, January 14, 2025, recording located at: https://puc.sd.gov/commission/media/2024/puc01142025.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on December 17, 2024 (Staff: Janeth Merriman)
Commissioner Hanson moved to approve the Minutes of the Commission Meeting held on December 17, 2024. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 153 contacts since the last report was prepared for the December 17, 2024, Commission meeting.
Three contacts were related to telecommunications services, 16 contacts were related to electric services, two contacts were related to natural gas services, 13 contacts were related to wireless services, 95 contacts were related to carbon pipelines, three contacts were related to wind energy, six contacts were related to the Do Not Call Registry, and 15 contacts were related to issues not regulated by the PUC.
1,356 of the 1,359 contacts received in 2024 have been resolved.
67 of the 71 contacts received in 2025 have been resolved.
Telecommunications
1. TC24-041 In the Matter of the Joint Application of Celerity Networks LLC and Gallatin Wireless Internet LLC for Authority to Complete the Transfer of the Certificate of Authority to Provide Competitive Local Exchange Telecommunications Services of Celerity Networks LLC to Gallatin Wireless Internet LLC (Staff Analyst: Patrick Steffensen; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
Mr. Michael Donahue, Marashlian & Donahue, PLLC representing Celerity Networks LLC and Gallatin Wireless Internet LLC asked that the Commission grant the company’s request. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the company’s requests, subject to the conditions that, for retail purposes and for Gallatin’s non-VoIP services, Gallatin not offer any prepaid services, including prepaid calling cards, and does not accept or require any deposits or advance payments, without prior approval of the Commission, and that Gallatin be subject to rural safeguards, and that Gallatin be subject to and comply with all the terms and conditions of the Order Granting Joint Stipulation and Order Granting Certificate of Authority to Celerity in Docket TC21-125 on February 24, 2022, and that the waiver be subject to the condition that Gallatin not offer switched access services in the state without approval by the Commission and a reevaluation of the waiver.
Commissioner Nelson moved to grant Celerity and Gallatin’s joint request to transfer Celerity’s Certificate of Authority to provide competitive local exchange telecommunications services to Gallatin subject to the conditions that, for retail purposes and for Gallatin’s non-VoIP services, Gallatin not offer any prepaid services, including prepaid calling cards, and does not accept or require any deposits or advance payments, without prior approval of the Commission, and that Gallatin be subject to rural safeguards, and that Gallatin be subject to and comply with all the terms and conditions of the Order Granting Joint Stipulation and Order Granting Certificate of Authority to Celerity in Docket TC21-125 on February 24, 2022, and grant Gallatin’s request for a waiver of ARSD 20:10:32:10 subject to the condition that Gallatin not offer switched access services in the state without approval by the Commission and a reevaluation of the waiver. Motion carried 3-0.
Electric
1. EL24-026 In the Matter of the Filing by Black Hills Power, Inc. dba Black Hills Energy regarding its Notification of Intent to Apply for a Permit for an Energy Conversion Facility for the Proposed Lange 2 Power Plant Project (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Logan Schaefbauer, Amanda Reiss, Jennie Fuerst)
Mr. Todd Brink, Black Hills Power, Inc. dba Black Hills Energy asked that the Commission allow the company to withdraw the Notice of Intent and close the docket without prejudice. Mr. Logan Schaefbauer, staff attorney, recommended the Commission approve the request. Jason Keil and Mark Lux, Black Hills Power, Inc. dba Black Hills Energy, responded to Commissioners’ questions.
Commissioner Nelson moved to grant the Applicant’s Motion to withdraw the Notice of Intent and close the docket without prejudice. Motion carried 3-0.
2. EL24-035 In the Matter of the Joint Request for Approval of an Electric Service Territory Exchange Agreement between West River Electric Association, Inc. and Black Hills Power, Inc. dba Black Hills Energy (Staff Analyst: Brittany Mehlhaff; Staff Attorneys: Amanda Reiss; Jennie Fuerst)
Mr. Jason Keil, Black Hills Power, Inc. dba Black Hills Energy, requested the Commission approve the joint request for approval of an Electric Service Territory Exchange Agreement between West River Electric Association and Black Hills Power, Inc. dba Black Hills Energy. Mr. Matt Schmahl, West River Electric Association, Inc., supported the request. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the joint request, including the revised legal description filed December 20, 2024.
Commissioner Hanson moved to approve the joint request for approval of an Electric Service Territory Exchange Agreement. Motion carried 3-0.
3. EL24-036 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of a Credit Mechanism for Payments from the Fourth Extended Department of Energy Settlement (Staff Analyst: Patrick Steffensen; Staff Attorneys: Amanda Reiss, Jennie Fuerst)
Ms. Gail Baranko, Northern States Power Company dba Xcel Energy requested the Commission approve the continuation of the one-time bill credit mechanism and that current and future one-time bill credits of the DOE Settlement payments be refunded to ratepayers within 180 days of Xcel’s receipt of payment. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the requests.
Commissioner Fiegen moved the Commission approve Xcel Energy’s request for a continuation of the one-time bill credit mechanism and that current and future one-time bill credits of the DOE Settlement payments be refunded to ratepayers within 180 days of Xcel’s receipt of payment. Motion carried 3-0.
4. EL24-037 In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between City of Fort Pierre and West Central Electric Cooperative, Inc. (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)
Mr. David Larson, Larson Law PC, representing West Central Electric Cooperative, Inc. requested the Commission approve the agreement between the City of Fort Pierre and West Central Electric Cooperative, Inc. Mr. Eric Paulson, staff analyst, recommended the Commission approve the request.
Commissioner Fiegen moved to approve the Service Rights Exception Agreement between the City of Fort Pierre and West Central Electric Cooperative, Inc. Motion carried 3-0.
5. EL24-038 In the Matter of Otter Tail Power Company’s Petition for Approval of Rate Schedule, Section 13.09, Phase-In Rider (Staff Analysts: Brittany Mehlhaff, Eric Paulson; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
Mr. Logan Schaefbauer, staff attorney, requested the Commission assess a filing fee for actual expenses incurred in review of this filing commencing from the filing date in the amount of up to $250,000 and authorize the Executive Director to enter into necessary consulting contracts. Mr. Derek Haugen, Otter Tail Power Company did not object.
Commissioner Nelson moved to 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 authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.
Hydrocarbon and Carbon Dioxide Pipeline
1. HP24-001 In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Logan Schaefbauer)
A lengthy discussion took place for docket HP24-001. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, January 14, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc01142025.mp3.
Commissioner Nelson moved to grant Party Status to those individuals and entities listed as recommended for approval in Commission Staff’s Attachment A filed on January 10, 2025, with the exception of Crystal Page, Kevin Page, Thomas Spisak, Marilyn D. Nelson, Lee Ann Pierce, Bob DeSutter, Leah Murray, Michael Murray, and Roy Brownlee, and to also grant Party Status to Connie Burrer. Motion carried 3-0.
Commissioner Nelson moved to defer action on the aforementioned Party Status applicants excluded in the previous motion, as well as those not recommended for Party Status as identified in Commission Staff’s Attachment A filed on January 10, 2025. Motion carried 3-0.
Leadership
1. Election of a Chairperson and Vice Chairperson of the Commission (Commission Attorney: Kristen Edwards)
Commissioner Fiegen moved to nominate Commissioner Hanson for the position of Chairperson. Motion carried 3-0.
Commissioner Fiegen moved to nominate Commissioner Nelson for the position of Vice Chairman. Motion carried 3-0.
Public Comment
Ms. Nancy Stewart, Mr. Rick Weible, Mr. Chase Jensen, Dakota Rural Action, Ms. Carol Kapperman, Mr. Ben Krohmer, and Debra Ross made comments regarding their objection to HP24-001 SCS Carbon Transport LLC.
There being no further business, at the hour of 11:24 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
January 14, 2025
