
South Dakota Public Utilities Commission Meeting
July 15, 2025, at 9:30 A.M. CDT
Room 413, 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 Advisor Greg Rislov; Commission Attorney Kristen Edwards; Staff Attorneys Jennie Fuerst, Amanda Reiss and Logan Schaefbauer, Staff Analysts Brittany Mehlhaff, Eric Paulson, Patrick Steffensen, and Jon Thurber; Consumer Affairs Manager Deb Gregg; Deputy Executive Director & Finance Manager; Cindy Kemnitz; Administrative Staff Janeth A. Merriman.
Also present were Ellie Bailey, Riter Rogers LLP, representing West River Telecommunications Cooperative; Lauren Donofrio, Amber Grenier, Christy Petersen, Jessica Fyhrie, Chris Waltz, and Adam Koplin, Otter Tail Power Company; Kati Miller, Invenergy, LLC; Lisa M. Agrimonti, Fredrikson & Byron, P.A., representing Deuel Harvest Wind Energy South LLC; Blake Gomer, DJ Haggerty and Neil Andersen, POET; Peyton Forney-Rassat; and Jordan Lamb, Oahe Electric Coop.
Joining the meeting by telephone were Matt Collins, Kennebec Telephone Company; Renee Knoop; Consortia Consulting, representing Kennebec Telephone Company and TrioTel Communications, Inc.; Ryan Taylor, Cutler Law Firm, LLP, representing Santel Communications and TrioTel Communications, Inc.; Heather Kranz, TrioTel Communications, Inc.; Troy Schilling, West River Telecommunications Cooperative; Salvatore Taillefer, Eric Rasmussen, Curt Kabris and Laura Julius, City of Brookings Municipal Telephone; Michael Iacopetti, Invenergy; Steven Kolbeck, Northern States Power Company dba Xcel Energy; and Jason Evans, Big Stone South Energy Storage Project, LLC.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, July 15, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc07152025.mp3.
(Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.
Administration
1. Approval of the Minutes of the Commission Meeting Held on July 1, 2025 (Staff: Janeth Merriman)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on July 1, 2025. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 56 contacts since the last report was prepared for the July 1, 2025, Commission meeting.
Eight contacts were related to telecommunications services, 15 contacts were related to electric services, one contact was related to natural gas services, five contacts were related to wireless services, three contacts were related to the Do Not Call Registry, one contact was related to wind energy, one contact was referred to South Dakota One Call, and 22 contacts were related to issues not regulated by the PUC.
771 of the 791 contacts received in 2025 have been resolved.
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC25-010, TC25-012, TC25-013, TC25-015 and TC25-018
TC25-010 In the Matter of the Request of Kennebec Telephone Co., Inc. for Certification Regarding its Use of Federal Universal Service Support (Study Area 391668) (Staff Attorney: Jennie Fuerst)
Ms. Renee Knoop, Consortia Consulting, Inc, representing Kennebec Telephone Co., Inc., requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Ms. Jennie Fuerst, staff attorney, recommended the Commission grant the company’s request. Ms. Renee Knoop responded to Commissioners’ questions.
TC25-012 In the Matter of the Request of Santel Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391676) (Staff Analyst: Patrick Steffensen)
Mr. Ryan Taylor, Cutler Law Firm, LLP, representing Santel Communications Cooperative Inc., requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s request.
TC25-013 In the Matter of the Request of TrioTel Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: McCook 391669 and Tri-County Telecom 391682) (Staff Attorney: Jennie Fuerst)
Mr. Ryan Taylor, Cutler Law Firm, LLP, representing TrioTel Communications, Inc. (TrioTel), requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Ms. Jennie Fuerst, staff attorney, recommended the Commission grant the company’s request. Ms. Heather Kranz, TrioTel responded to Commissioners’ questions.
TC25-015 In the Matter of the Request of West River Telecommunications Cooperative for Certification Regarding its Use of Federal Universal Service Support (Study Area: Mobridge – 391671) (Staff Analyst: Patrick Steffensen)
Ms. Ellie Bailey, Riter Rogers LLP, representing West River Telecommunications Cooperative (West River), requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s request. Mr. Troy Schilling, West River responded to Commissioners’ questions.
TC25-018 In the Matter of the Request of City of Brookings Municipal Telephone for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391650) (Staff Attorney: Jennie Fuerst)
Mr. Eric Rasmussen, Helsper, McCarty, Rasmussen, P.C., representing City of Brookings Municipal Telephone (Brookings), requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Ms. Jennie Fuerst, staff attorney, recommended the Commission grant the company’s request. Mr. Curt Kabris, Brookings responded to Commissioners’ questions.
Commissioner Nelson moved to 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. Motion carried 3-0.
Electric
1. EL25-024 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: Logan Schaefbauer)
Mr. Logan Schaefbauer, staff attorney, requested the Commission assess a filing fee for actual expenses not to exceed $500,000; and authorize the Executive Director to enter into necessary consulting contracts. Mr. Steven Kolbeck, Northern States Power Company dba Xcel Energy, supported the request.
Commissioner Fiegen moved to assess a filing fee for actual expenses not to exceed $500,000; and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.
2. EL25-017 In the Matter of Otter Tail Power Company’s Petition for Approval of a Thermal Technology Market Energy Rate Section 14.16 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket EL25-017. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, July 15, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc07152025.mp3.
Commissioner Nelson moved to approve Otter Tail Power Company’s proposed tariff revisions, including the amendments filed on July 3, 2025, with an effective date of August 1, 2025. Motion carried 3-0.
3. EL25-015 In the Matter of Otter Tail Power Company’s Petition for Approval of an Electric Service Agreement for Big Stone South Energy Storage Project, LLC and Associated Tariff Revisions (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)
A lengthy discussion took place for docket EL25-015 in this docket and as part of the EL25-017 discussion. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, July 15, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc07152025.mp3.
Commissioner Fiegen moved to approve the requested electric service agreement with deviations with Big Stone Energy Storage Project, LLC and the associated tariff revisions with an effective date of August 1, 2025. Motion carried 3-0.
4. EL25-016 In the Matter of Otter Tail Power Company’s Petition for Approval of an Electric Service Agreement for POET Biorefining – Big Stone, LLC and Associated Tariff Revisions (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)
A lengthy discussion took place for docket EL25-016 in this docket and as part of the EL25-017 discussion. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, July 15, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc07152025.mp3.
Commissioner Hanson moved to approve the requested electric service agreement with deviations with POET Biorefining – Big Stone, LLC and the associated tariff revisions with an effective date of August 1, 2025. 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)
Ms. Lauren Donofrio, Otter Tail Power Company, asked that the Commission amend its May 14, 2025, order. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the request.
Commissioner Nelson moved to approve Otter Tail Power Company’s revised tariff sheets filed on July 3, 2025, in accordance with Commission's staff's July 10, 2025, letter, with the tariff revisions effective September 1, 2025. Motion carried 3-0.
ADDENDUM TO THE
AGENDA OF COMMISSION MEETING
Electric
1. EL24-023 In the Matter of the Application by Deuel Harvest Wind Energy South LLC for Energy Facility Permits of a Wind Energy Facility and a 345-kV Transmission Facility in Deuel County, South Dakota, for the South Deuel Wind Project (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Ms. Lisa Agrimonti, Fredrikson & Byron, P.A., representing Deuel Harvest Wind Energy South LLC (Applicant) requested the Commission grant Applicant’s request for a partial exemption of certain permit conditions pursuant to Condition 38. Ms. Amanda Reiss, staff attorney, recommended the Commission grant Applicant’s request. No other party appeared.
A lengthy discussion took place for docket EL24-023. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, July 15, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc07152025.mp3.
Commissioner Hanson moved to approve Deuel Harvest Wind Energy South LLC’s partial exemption of certain permit conditions pursuant to Condition 38 for Conditions 7, 14, and 29, and to required that Deuel Harvest Wind Energy South LLC’s provide financial assurance in the form of a surety bond for the benefit of the affected landowners to cover decommissioning costs associated with the limited construction of mud mats at turbine sites 37 and 38. Unless otherwise ordered by the Commission, the bond shall remain in place for two years or completion of construction, whichever is later. Motion carried 3-0.
There being no further business, at the hour of 11:47 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
July 15, 2025