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South Dakota Public Utilities Commission Meeting
March 11, 2025, at 1:30 P.M. CDT
Matthew Training Center, Foss Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Chairman Gary Hanson called the meeting to order. Present were Commissioner Chris Nelson and Commissioner Kristie Fiegen; Commission Attorney Kristen Edwards; Staff Attorneys Jennie Fuerst, and Logan Schaefbauer; Staff Analysts Darren Kearney, Eric Paulson, Joseph Rezac and Jon Thurber; Consumer Affairs Manager Deb Gregg; and Administrative Staff Janeth Merriman.
Also present were Cody Honeywell, May Adam Law Firm, representing SCS Carbon Transport LLC; Ellie Bailey, South Dakota Telecommunications Association.
Joining the meeting by telephone were Staff Attorney Amanda Reiss; Gail Baranko, Northern States Power Company dba Xcel Energy; Ryan Cwach, Birmingham & Cwach Law Office, PLLC, representing Landowners; and Charlie Kludt.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, March 11, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc03112025.mp3.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 27 contacts since the last report was prepared for the February 28, 2025, Commission meeting.
Two contacts were related to telecommunications services, 10 contacts were related to electric services, five contacts were related to wireless services, two contacts were related to carbon pipelines, one contact was related to the Do Not Call Registry, two contacts were related to wind energy and five contacts were related to issues not regulated by the PUC.
365 of the 377 contacts received in 2025 have been resolved.
Telecommunications
1. TC25-001 In the Matter of the Consideration of a Waiver of Certain Telecommunications Annual Reporting Requirements (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, requested the commission grant a waiver of ARSD 20:10:32:12(2) and (3). Ms. Amanda Reiss, responded to Commissioners’ questions.
Commissioner Hanson moved to grant a waiver of ARSD 20:10:32:12(2) and (3) for this filing year due June 1, 2025 and all future years unless otherwise ordered. Motion carried 3-0.
Electric
1. EL25-001 In the Matter of the Filing by Northern States Power Company dba Xcel Energy for Approval of Revised Welcome Brochures (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss and Jennie Fuerst)
Ms. Gail Baranko, Northern States Power Company dba Xcel Energy, asked that the Commission approve the revised welcome brochures. Mr. Eric Paulson, staff analyst, recommended the Commission approve the request. Ms. Gail Baranko, responded to Commissioners’ questions.
Commissioner Fiegen moved to approve the revised welcome brochures. Motion carried 3-0.
2. EL25-006 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Transmission Cost Recovery Rider Rate (Staff Analyst: Eric Paulson; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
Ms. Jennie Fuerst, 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 $50,000. Montana-Dakota Utilities Co. did not appear.
Commissioner Nelson moved to assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.
3. EL25-007 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analyst: Eric Paulson; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
Ms. Jennie Fuerst, 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. Montana-Dakota Utilities Co. did not appear.
Commissioner Hanson 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. Motion carried 3-0.
Hydrocarbon and Carbon Dioxide Pipelines
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)
Mr. Ryan Cwach, Birmingham & Cwach Law Office, PLLC, withdrew the Jorde Landowners’ request for a hearing and reconsideration on their February 27, 2025, Motion and no longer requested further consideration of party status for any persons or entities. Mr. Charlie Kludt, responded to Commissioners’ questions regarding his application for party status, clarifying that the intended party was the South Dakota Firefighters Association rather than Mr. Kludt individually. Mr. Logan Schaefbauer, staff attorney, recommended the Commission grant Party Status to the South Dakota Firefighters Association.
Commissioner Fiegen moved to grant Party Status to the South Dakota Firefighters Association whose application was submitted by Charles Kludt, noting that, by law, the South Dakota Firefighters Association will need to be represented by an attorney going forward. Motion carried 3-0.
Commissioner Hanson noted and accepted the withdrawal of the Jorde Landowners’ Motion for Rehearing as requested through and by their counsel.
There being no further business, at the hour of 1:53 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
March 11, 2025
