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South Dakota Public Utilities Commission Meeting
August 14, 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; Commission Advisor Greg Rislov; Commission Attorney Kristen Edwards; Staff Attorneys Jennie Fuerst, Amanda Reiss and Logan Schaefbauer, Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Joseph Rezac and Patrick Steffensen; Consumer Affairs Manager Deb Gregg; Administrative Staff Janeth A.  Merriman.

          Also present were Kara Semmler, South Dakota Telecommunications Association; James Groft, Northern Valley Communications, LLC; Darla Pollman Rogers, Riter Rogers LLP, representing Valley Telecommunications Cooperative Association, Inc., Venture Communications Cooperative, Venture Vision, Inc., and Jefferson Telephone Company; Ellie Bailey, Riter Rogers LLP, representing Cheyenne River Sioux Tribe Telephone Authority; and Fay Jandreau, Venture Communications Cooperative, and Venture Vision, Inc.

          Joining the meeting by telephone were Commissioner Kristie Fiegen; Debra Mercer, TracFone Wireless, Inc.; Andy Carlson and William Haas, Assurance Wireless USA, L.P.; Danielle Burt and Leetal Weiss, Fiber AssetCo LLC; Tracy Bandemer and Ryan Taylor, Interstate Telecommunications Cooperative, Inc. (ILEC) and Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. (CLEC); James Cremer, Bantz Gosch & Cremer LLC, representing Northern Valley Communications LLC, James Valley Cooperative Telephone Company and James Valley Wireless, LLC; Stephen Athanson, Verizon Value, Inc.; Jason Topp, Qwest Corporation dba CenturyLink QC; Jeff Symens, Valley Telecommunications Cooperative; Marlene Bennett, Consortia Consulting; Janelle Jessen, Venture Communications Cooperative, and Venture Vision, Inc.; Charles Fischer and Ken White Eyes, Cheyenne River Sioux Tribe Telephone; Austin Hansen, Beresford Municipal Telephone Company; Nicole Kroll, Jefferson Telephone Company; Patrick McCann and Andrea Livingston, Midcontinent Communications; and Travis Jacobson, Brad Davison, Chelsea Metzger and Darrin Holzer, Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc.

          An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, August 14, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc08142025.mp3.

Administration

1.      Approval of the Minutes of the Commission Meeting Held on July 15, 2025 (Staff: Janeth Merriman)

         Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on July 15, 2025. Motion carried 3-0.

Consumer Reports

1.      Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

         The Commission received a total of 86 contacts since the last report was prepared for the July 15, 2025, Commission meeting.

         Seven contacts were related to telecommunications services, 35 contacts were related to electric services, four contacts were related to natural gas services, 11 contacts were related to wireless services, three contacts were related to the Do Not Call Registry, three contacts were related to wind energy, two contacts were referred to One Call and 21 contacts were related to issues not regulated by the PUC.   

         856 of the 877 contacts received in 2025 have been resolved.

Telecommunications

1.      TC24-005        In the Matter of the Filing of TracFone Wireless, Inc.’s Petition for Approval of a 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: Eric Paulson; Staff Attorney: Logan Schaefbauer)

          A lengthy discussion took place for docket TC24-005. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, August 14, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc08142025.mp3.

          Ms. Debra Mercer, Verizon Value, Inc., formerly known as TracFone Wireless, Inc., (Verizon Value) requested the Commission approve the joint motion for Approval of Settlement Stipulation and grant Verizon Value’s Petition for Designation as an Eligible Telecommunications Carrier (ETC). Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA) requested the Commission incorporate the terms of the June 3, 2024, Stipulation and Agreement between SDTA and Verizon Value into its order. Mr. Logan Schaefbauer, staff attorney, did not object to Verizon Value’s request, and requested the Commission approve the Joint Stipulation filed on August 7, 2025. Ms. Debra Mercer and Mr. David Avila, responded to Commissioners’ questions.

          Commissioner Hanson moved to approve the Joint Stipulation and grant the Petition for Designation as an Eligible Telecommunication Carrier for the purposes of receiving federal Lifeline universal service support in non-rural areas subject to any representations or commitments made in writing in this docket and orally on the record at the August 14, 2025, Commission meeting. Motion carried 3-0.

2.      TC25-003        In the Matter of the Application of Assurance Wireless USA, L.P., to Expand its Eligible Telecommunications Carrier Designated Service Area to Include Tribal Lands (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

          Mr. Andy Carlson, Assurance Wireless USA, L.P. requested the Commission approve the joint motion for Approval of Settlement Stipulation and grant Assurance’s Application for Designation as an Eligible Telecommunications Carrier (ETC) in Tribal Lands. Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA) supported the Approval of Settlement Stipulation and granting ETC designation subject to the terms included in the August 6, 2025, Stipulation and Agreement between SDTA and Assurance. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the Applicants’ and Ms. Semmler’s requests. Mr. Bill Haas, responded to Commissioners’ questions.

          Commissioner Fiegen moved to approve the Joint Stipulation and grant Assurance’s Application to expand its Eligible Telecommunications Carrier Designated Service Area to Include Tribal Lands for the purposes of receiving federal Lifeline universal service support conditioned upon those representations and commitments made by Assurance both orally and in writing in this docket and all condition imposed on Assurance in Docket TC24-002. Motion

3.      TC25-011        In the Matter of the Application of Fiber AssetCo LLC for Certificates of Authority to Provide Resold and Facilities-Based Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Jennie Fuerst)

          Ms. Danielle Burt, Fiber AssetCo LLC (Fiber AssetCo), requested the Commission grant Fiber AssetCo’s request for a Certificate of Authority to provide local exchange and interexchange services in South Dakota and grant a waiver of ARSD 20:10:32:10. Mr. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s requests, with the restrictions that, for retail purposes, Fiber AssetCo 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 Fiber AssetCo’s local authority be subject to rural safeguards, and that the waiver be subject to the condition that Fiber AssetCo not offer switched access services in the state without approval by the Commission and a reevaluation of the waiver.

          Commissioner Nelson moved to grant Fiber AssetCo’s request for a Certificate of Authority to provide local exchange and interexchange services in South Dakota, with the restrictions that, for retail purposes, Fiber AssetCo 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 Fiber AssetCo’s local authority be subject to rural safeguards, and grant a waiver of ARSD 20:10:32:10, subject to the condition that Fiber AssetCo not offer switched access services in the state without approval by the Commission and a reevaluation of the waiver. Motion carried 3-0.

4.      In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC25-005, TC25-006, TC25-007, TC25-008, TC25-009, TC25-019, TC25-020, TC25-021, TC25-022, TC25-023, TC25-025, TC25-026, TC25-027 and TC25-029

           TC25-005        In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. (ILEC) for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391654) (Staff Analyst: Brittany Mehlhaff)

          Mr. Ryan Taylor, Cutler Law Firm, LLP, representing Interstate Telecommunications Cooperative, Inc. (ILEC), 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. Brittany Mehlhaff, staff analyst, recommended the Commission grant the company’s request.

           TC25-006        In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. (CLEC) for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399013) (Staff Analyst: Brittany Mehlhaff)

          Mr. Ryan Taylor, Cutler Law Firm, LLP, representing Interstate Telecommunications Cooperative, Inc. (CLEC), 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. Brittany Mehlhaff, staff analyst, recommended the Commission grant the company’s request.

           TC25-007        In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 399017 and 396340) (Staff Analyst: Joseph Rezac)

         Mr. James Cremer, Bantz Gosch & Cremer LLC, representing Northern Valley Communications LLC 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. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request. Mr. James Groft, Northern Valley Communications LLC, responded to Commissioners’ questions.

           TC25-008        In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391664) (Staff Analyst: Joseph Rezac)

          Mr. James Cremer, Bantz Gosch & Cremer LLC, representing James Valley Cooperative Telephone Company 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. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request. Mr. James Groft, James Valley Cooperative Telephone Company, responded to Commissioners’ questions.

          TC25-009        In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399014) (Staff Analyst: Joseph Rezac)

          Mr. Joseph Rezac, staff analyst, recommended the Commission grant certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. James Groft, James Valley Wireless, LLC, responded to Commissioners’ questions.

           TC25-019        In the Matter of the Request of Qwest Corporation dba CenturyLink QC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 395145) (Staff Analyst: Eric Paulson)

          Mr. Jason Topp, Qwest Corporation dba CenturyLink QC 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. Eric Paulson, staff analyst, recommended the Commission grant the company’s request.

           TC25-020        In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391660) (Staff Analyst: Darren Kearney)

          Chairman Hanson deferred the docket to the August 26, 2025, commission meeting.

           TC25-021        In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391685) (Staff Attorney: Amanda Reiss)

          Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Valley Telecommunications Cooperative Association, 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. Amanda Reiss, staff attorney, recommended the Commission grant the company’s request.

           TC25-022        In the Matter of the Request of Venture Communications Cooperative for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391680) (Staff Attorney: Logan Schaefbauer)

          Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Venture Communications Cooperative, 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. Logan Schaefbauer, staff attorney, recommended the Commission grant the company’s request.

           TC25-023        In the Matter of the Request of Venture Vision, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399025) (Staff Attorney: Logan Schaefbauer)

          Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Venture Vision, 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. Logan Schaefbauer, staff attorney, recommended the Commission grant the company’s request. Mr. Fay Jandreau, Venture Communications Cooperative, responded to Commissioners’ questions.

           TC25-025        In the Matter of Request of Cheyenne River Sioux Tribe Telephone Authority for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391647) (Staff Analyst: Eric Paulson)

          Ms. Ellie Bailey, Riter Rogers LLP, representing Cheyenne River Sioux Tribe Telephone Authority, 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. Eric Paulson, staff analyst, recommended the Commission grant the company’s request.

           TC25-026        In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391649) (Staff Attorney: Amanda Reiss)

          Ms. Marlene Bennett, Consortia Consulting, Inc, representing Beresford Municipal Telephone Company, 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. Amanda Reiss, staff attorney, recommended the Commission grant the company’s request.

           TC25-027                 In the Matter of the Request of Jefferson Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391666) (Staff Attorney: Logan Schaefbauer)

          Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Jefferson Telephone Company, 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. Logan Schaefbauer, staff attorney, recommended the Commission grant the company’s request. Ms. Nicole Kroll, Jefferson Telephone Company, responded to Commissioners’ questions.

           TC25-029        In the Matter of the Request of Midcontinent Communications for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399005) (Staff Analyst: Eric Paulson)

          Mr. Patrick McCann, Midcontinent Communications 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. Eric Paulson, staff analyst, recommended the Commission grant the company’s request. Mr. McCann 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, except TC25-020 which was deferred. Motion carried 3-0.

Electric

1.      EL25-023        In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of a Waiver of Fuel and Purchase Power Adjustment Rate 58 (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         A lengthy discussion took place for docket EL25-023. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, August 14, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc08142025.mp3.

         Commissioner Hanson moved to grant MDU’s request that new production tax credits are not subject to the provisions of Montana-Dakota Utilities Co.’s FPPA Rate 58 tariff until MDU requests inclusion of the costs of repowering in rates is hereby approved. Motion carried 3-0.

Rulemaking

1.      RM25-001       In the Matter of the Adoption of Administrative Rules (Commission Attorney: Kristen Edwards)

          Commissioner Nelson moved to adopt all proposed rules as filed on August 7, 2025.

         Commissioner Fiegen offered a friendly amendment, which was accepted, to include subject to any additional style and format from LRC.  Motion carried 3-0.

         There being no further business, at the hour of 11:11 a.m., the South Dakota Public Utilities Commission meeting adjourned.

  /s/ Janeth A. Merriman                 .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
August 14, 2025