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South Dakota Public Utilities Commission Meeting
April 10, 2025, at 1:30 P.M. CDT
Room 414, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commissioner Chris Nelson called the meeting to order. Present were Commissioner Kristie Fiegen; Commission Attorney Kristen Edwards; Commission Advisor Greg Rislov; Staff Attorneys Jennie Fuerst, Amanda Reiss 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 Steven Kolbeck, Northern States Power Company dba Xcel Energy; Cody Honeywell, Brett Koenecke, and Aaron Scheibe, May Adam, Gerdes & Thompson LLP, representing SCS Carbon Transport LLC; Ellie Bailey, South Dakota Rural Electric Association and South Dakota Association of Rural Water Systems; David Smith, South Dakota Farmers Union; Mike Clary and Tim Neises, representing Miner County; Dennis Slaughter, representing Lake County; Bob Mercer, Keloland News; Grant Green, Dakota News Now; Brian E. Jorde, Domina Law Group, and Ryan D. Cwach, Birmingham & Cwach Law Office, Prof. LLC, representing Landowners Dennis Feickert; Ed Fischbach; LeRoy Braun; Ken Shafer; Kevin Lapka; Stacy Sinner; Rita Brownlee; Linda Rippentrop; Daryl Rippentrop; Shon Morris; Sharon Larson; Duane Peterson; Dennis Jarabek; Janelle Jarabek; Karen Jones; Suzanne Smith; Ryan Spilde; Michael Boyle; Beth Meyer; Roger Meyer; Kristi Lewis; Carol Klein; and Betty Strom.
Joining the meeting by telephone were Commission Chairman Gary Hanson; Laura Brennan, Rebecca Eilers, Matt Harris and Laurie Wold, Northern States Power Company dba Xcel Energy; Steve Wegman; Dan Albrecht, Bradley Davison, Lisa Maurstad and Chelsea Metzger, Montana-Dakota Utilities Co.; Ryan Vogel, Richardson, Wyly, Wise, Sauck & Hieb, LLP representing Spink County; Mariah Bloom, representing Tobin Doeden; and Eric Bouge, representing Minnehaha County.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, April 10, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc04102025.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on March 25, 2025 (Staff: Janeth Merriman)
Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on March 25, 2025. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 63 contacts since the last report was prepared for the March 25, 2025, Commission meeting.
Four contacts were related to telecommunications services, 19 contacts were related to electric services, three contacts were related to natural gas services, 11 contacts were related to wireless services, seven contacts were related to carbon pipelines, two contacts were related to wind energy, three contacts were related to the Do Not Call, one contact was handled by the Grain Warehouse Program, two contacts were referred to South Dakota One Call and 11 contacts were related to issues not regulated by the PUC.
456 of the 470 contacts received in 2025 have been resolved.
Telecommunications
1. TC22-009 In the Matter of the Petition of AirVoice Wireless, LLC dba AirTalk Wireless for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, asked that the Commission allow the company to withdraw its petition without prejudice and close the docket. Neither the Petitioner, AirVoice Wireless, LLC dba AirTalk Wireless, nor SDTA were in attendance.
Commissioner Fiegen moved to grant the Petitioner’s Request to withdraw its petition without prejudice and close the docket. Motion carried 3-0.
Electric
1. EL22-017 In the Matter of the Application of Northern States Power Company dba Xcel Energy for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Steven Kolbeck, Northern States Power Company dba Xcel Energy (Xcel Energy), requested the Commission approve the Parties’ Joint Motion for Approval of Amended and Restated Settlement Stipulation. Mr. Steve Wegman, asked Xcel Energy questions. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the joint request.
Commissioner Hanson moved to grant the Parties’ Joint Motion for Approval of Amended and Restated Settlement Stipulation and approve the terms and conditions stipulated therein. Motion carried 3-0.
2. EL24-029 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2025 Infrastructure Rider Project Eligibility and Factor Update (Staff Analyst: Eric Paulson; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
Mr. Steven Kolbeck, Xcel Energy, requested the Commission approve the company’s revised 2025 Infrastructure Rider revenue requirements, 2025 Infrastructure Rider Adjustment factor and associated tariff revisions with an effective date of May 1, 2025. Mr. Eric Paulson, staff analyst, recommended the Commission approve the request. Mr. Matt Harris, Xcel Energy, responded to Commissioners’ questions.
Commissioner Nelson moved to approve Xcel Energy’s revised 2025 Infrastructure Rider revenue requirements, 2025 Infrastructure Rider Adjustment factor, and revised tariff sheet with an effective date of May 1, 2025. Motion carried 3-0.
3. 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. Lisa Maurstad, Montana-Dakota Utilities Co., requested the Commission approve the revised Transmission Cost Recovery Rider rate and revised tariff sheet with an effective date of May 1, 2025. Mr. Eric Paulson, staff analyst, recommended the Commission approve the revised Transmission Cost Recovery Rider rate and associated tariff sheet. Mr. Bradley Davison, Montana-Dakota Utilities Co., responded to Commissioners’ questions.
Commissioner Fiegen moved to approve the revised Transmission Cost Recovery Rider rate and revised tariff sheet with an effective date of May 1, 2025Motion carried 3-0.
4. 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. Chelsea Metzger, Montana-Dakota Utilities Co., requested the Commission approve the revised Infrastructure Rider rate and revised tariff sheet with an effective date of May 1, 2025. Mr. Eric Paulson, staff analyst, recommended the Commission approve the revised Infrastructure Rider rate and associated tariff sheet. Mr. Bradley Davison, Montana-Dakota Utilities Co., responded to Commissioners questions.
Commissioner Nelson moved to approve the revised Infrastructure Rider rate and revised tariff sheet with an effective date of May 1, 2025. 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)
The Commission considered whether to grant Applicant's Motion to Suspend Current Scheduling Order and Extend Current Deadline Indefinitely (Motion to Suspend); whether to grant Intervenors' Motion to Deny Application; Spink County Commission's Motion for Attorney's Fees; and the request by certain intervenors to withdraw their party status.
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, April 10, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc04102025.mp3.
Commissioner Fiegen moved to deny Applicant’s Motion to Suspend, except as to the deadline to respond to discovery established by the Commission’s order dated January 31, 2025 (Procedural Schedule), and to amend the Procedural Schedule to reflect that discovery responses are due 45 calendar days from the receipt of discovery, and to request the Applicant present a plan moving forward to the PUC at the next Commission Meeting, and to deny an indefinite extension of the current deadline for the Commission’s actions on HP24-001.
Commissioner Nelson moved a substitute motion to deny Applicant’s motion and grant the landowners motion to deny the Application without prejudice. Motion failed 1-2 (Commissioner Nelson voting yes).
Commissioner Nelson moved to amend Commissioner Fiegen’s motion to say discovery requests are due a week following the next Commission Meeting. Motion carried 3-0.
The main motion, as amended, passed 3-0.
Commissioner Nelson moved that Mr. Jorde’s motion be deferred to the next Commission Meeting. Motion carried 3-0.
Commissioner Nelson moved to deny Spink County’s motion for Attorney's Fees. Motion carried 3-0.
Commissioner Fiegen moved to grant the requests to withdraw party status of Harlan Young, Pieter Williams, Katy Millington, Dan Paulson, Jillane Paulson, Dorothy A. Olson and Kenwood E. Olson, Todd Nelson, Amy Pekelder, Ryan Pekelder, Gehm Family Trust, Amanda Radke, Mark Lapka, Holly Lapka, Joy Hohn, Dakota Aeration, Dwayne Pederson Ag Co., KKKP Property LLLP, Pederson Ag LLC, and Kaley Nolz. Motion carried 3-0.
Public Comment
Mr. Michael Boyle made comments regarding who we elect in state government and HP24-001 SCS Carbon Transport LLC.
There being no further business, at the hour of 4:42 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
April 10, 2025
