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South Dakota Public Utilities Commission Meeting
April 22, 2025, at 1:30 P.M. CDT
Room 414, Capitol 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; Commission Advisor Greg Rislov; Staff Attorneys Jennie Fuerst, Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Joseph Rezac and Jon Thurber; Finance Manager Cindy Kemnitz; Consumer Affairs Manager Deb Gregg; and Administrative Staff Janeth Merriman.
Also present were Kara Semmler, South Dakota Telecommunications Association 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; William Van Camp, Olinger, Lovald, McCahren & Van Camp, P.C., representing Ringneck Energy, Glacial Lakes Energy LLC; Brian E. Jorde, Domina Law Group, and Ryan D. Cwach, Birmingham & Cwach Law Office, Prof. LLC, representing Landowners Ed Fischbach; LeRoy Braun; Rita Brownlee; Stacy Sinner; Mark Fischbach; Kristi Lewis; Rita Brown; Betty Strom; Crystal Page; Linda Rippentrop; Daryl Rippentrop; Bob Mercer, Keloland News; Grant Green, Dakota News Now; Ryan Randolph, IUOE; Bruce Mack; Duane Peterson; Gail Tennant and Deann Kertzman.
Joining the meeting by telephone were Eric Pauli, Northern States Power Company dba Xcel Energy; Cary Stephenson, Otter Tail Power Company; Jeffrey Decker, NorthWestern Corporation dba NorthWestern Energy; and Eric Bogue, Minnehaha County.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, April 22, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc04222025.mp3.
(Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 23 contacts since the last report was prepared for the April 10, 2025, Commission meeting.
One contact was related to telecommunications services, 10 contacts were related to electric services, one contact was related to natural gas services, one contact was related to wireless services, two contacts were related to carbon pipelines, one contact was referred to South Dakota One Call, and seven contacts were related to issues not regulated by the PUC.
482 of the 493 contacts received in 2025 have been resolved.
Administration
1. AA25-001 Establishment of the Gross Receipts Tax Levy for Fiscal Year 2026 (Finance Manager: Cindy Kemnitz, Staff Attorney: Logan Schaefbauer)
Note: The title of this docket was corrected in the agenda for the April 22, 2025 meeting. The correct title is reflected above.
Ms. Cindy Kemnitz, finance manager, requested the Commission establish the rate and assess the Gross Receipt Tax as authorized in SDCL 49-1A-3. Ms. Cindy Kemnitz, responded to Commissioners' questions.
Commissioner Fiegen moved to establish the rate and assess the Gross Receipts Tax as authorized in SDCL 49-1A-3 as $0.0015 or $250, whichever amount is greater. Motion carried 3-0.
Telecommunications
1. TC25-002 In the Matter of the Filing of Telrite Corporation d/b/a Life Wireless' Petition for Designation as an Eligible Telecommunications Carrier in the State of South Dakota for the Limited Purpose of Providing Lifeline Service to Qualifying Customers (Staff Analyst: Joseph Rezac, Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), asked the Commission to grant SDTA's petition to intervene. Telrite Corporation d/b/a Life Wireless was not present at the meeting. Mr. Logan Schaefbauer, staff attorney, did not object to the request.
Commissioner Nelson moved the Commission grant SDTA's petition to intervene. Motion carried 3-0.
Electric
1. EL25-009 In the Matter of the Filing of Northern States Power Company dba Xcel Energy for Approval of Its 2024 Economic Development Activities and 2025 Economic Development Budget (Staff Analyst: Brittany Mehlhaff; Staff Attorneys: Amanda Reiss, Jennie Fuerst)
Mr. Eric Pauli, Northern States Power Company dba Xcel Energy, requested the Commission approve the company's 2024 Economic Development Activities and its 2025 Economic Development Budget. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve Xcel Energy's request. Mr. Eric Pauli, responded to Commissioners' questions.
Commissioner Hanson moved to approve Xcel Energy’s 2024 Economic Development Activities and its 2025 Economic Development Budget. Motion carried 3-0.
2. EL25-010 In the Matter of Otter Tail Power Company's Petition for Approval of Tariff Revisions to its South Dakota Rate Book, Section 16.00 (Staff Analyst: Eric Paulson; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
Mr. Cary Stephenson, Otter Tail Power Company, requested the Commission approve the company's requested tariff revisions with an effective date of April 25, 2025. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s requests with an effective date of April 25, 2025.
Commissioner Nelson moved to approve Otter Tail Power Company’s tariff revisions with an effective date of April 25, 2025. Motion carried 3-0.
3. EL25-013 In the Matter of the Filing by NorthWestern Energy Public Service Corporation dba NorthWestern Energy’s Request to Implement a Phase-In Rate Plan Rider (Staff Analysts: Brittany Mehlhaff, Joseph Rezac; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
Mr. Logan Schaefbauer, staff attorney, requested the Commission assess NorthWestern Energy Public Service Corporation dba NorthWestern Energy (NorthWestern) 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 to give the Executive Director authority to enter into necessary consulting contracts. Mr. Jeffrey Decker, NorthWestern, did not oppose the request. Ms. Brittany Mehlhaff, staff analyst, responded to Commissioners' questions.
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 to give the Executive Director authority 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 regarding Landowner Intervenors’ Motion to Deny, which was deferred from the April 10 Commission meeting. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, April 22, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc04222025.mp3.
Commissioner Fiegen moved to deny SCS Carbon Transport LLC’s application based on SDCL 49-41B-13(2) without prejudice, based upon a finding that the application fails to meet the form and content required by SDCL 49-41B-11 and ARSD 20:10:22:11. Motion carried 2-1. Commissioner Nelson dissenting.
Based upon the Commission's ruling above, the Commission noted that other pending questions or motions are moot.
There being no further business, at the hour of 2:59 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
April 22, 2025
