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South Dakota Public Utilities Commission Meeting
August 26, 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; Staff Attorneys Jennie Fuerst and Amanda Reiss, Staff Analysts Darren Kearney, Brittany Mehlhaff, Patrick Steffensen and Jon Thurber; Consumer Affairs Manager Deb Gregg; Administrative Staff Janeth A.  Merriman.

          Also present were Darla Pollman Rogers, Riter Rogers LLP, representing RC Technologies, Clarity Telecom, LLC dba Bluepeak Fiber, and City of Faith Municipal Telephone Company; Nick Rogness and Jill Reiner, Golden West Telecommunications Cooperative, Inc.; and Bruce Hanson, Fort Randall Telephone Company.

          Joining the meeting by telephone were Commission Attorney Kristen Edwards; Ryan Taylor, Cutler Law Firm, LLP, representing Midstate Communications, Inc., and Alliance Communications Cooperative Inc.; Chad Mutziger, Midstate Communications, Inc.; Eric Kahler, Tori Kling, and Lyle Reiff, West River Cooperative Telephone Company; Philip Schnacky, JSI Consulting, representing West River Cooperative Telephone Company; Robin Thoreson, RC Technologies; Carolyn McCarthy, Clarity Telecom, LLC dba Bluepeak Fiber; Jonathon Boike, JSI Consulting, representing Clarity Telecom, LLC dba Bluepeak Fiber; Daryl Elcock, Clarity Telecom, LLC dba Bluepeak Fiber; Debbie Brown, City of Faith Municipal Telephone Company; Marlene Bennett, Consortia Consulting, representing City of Faith Municipal Telephone Company; James Moore, Woods, Fuller, Schultz & Smith P.C., representing Missouri River Energy Services; Derek Bertsch, Missouri River Energy Services; Brianna Gries, Philip Wind Partners, LLC; Lisa Agrimonti, Fredrikson & Byron, P.A., representing Philip Wind Partners, LLC; Maggie Olson, Basin Electric Cooperative; and Gretchen Kraemer and Sam Wagner, MidAmerican Energy Company.

          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.

         (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 19 contacts since the last report was prepared for the August 14, 2025, Commission meeting.

         One contact was related to telecommunications services, seven contacts were related to electric services, two contacts were related to wireless services, two contacts were related to the Do Not Call Registry, one contact was referred to One Call and six contacts were related to issues not regulated by the PUC.

         874 of the 896 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 TC25-014, TC25-016, TC25-017, TC25-020, TC25-024, TC25-028, TC25-030, and TC25-031

           TC25-014        In the Matter of the Request of Midstate Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: ILEC-391670 and CLEC-Chamberlain/Oacoma) (Staff Analyst: Jon Thurber)

          Mr. Ryan Taylor, Cutler Law Firm, LLP, representing Midstate 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. Jon Thurber, staff analyst, recommended the Commission grant the company’s request. Mr. Ryan Taylor, responded to Commissioners’ questions.

           TC25-016        In the Matter of the Request of Golden West Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: Armour-391640, Golden West Telecom-391659, Kadoka-391667, Sioux Valley-391677, Union-391684, Vivian-391686) (Staff Analyst: Brittany Mehlhaff)

          Ms. Darla Pollman Rogers, Riter Rogers, LLP, representing Golden West Telecommunications 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. Nick Rogness, Golden West Telecommunications Cooperative, Inc., responded to Commissioners’ questions.

           TC25-017        In the Matter of the Request of West River Cooperative Telephone Company Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391689) (Staff Attorney: Amanda Reiss)

         Mr. Eric Kahler, West River 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. Ms. Amanda Reiss, staff attorney, 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)

          Mr. Bruce Hanson, Fort Randall 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. Darren Kearney, staff analyst, recommended the Commission grant the company’s request.

          TC25-024        In the Matter of the Request of RC Technologies for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391674) (Staff Analyst: Darren Kearney)

          Ms. Darla Pollman Rogers, Riter Rogers, LLP, representing RC Technologies, 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. Darren Kearney, staff analyst, recommended the Commission grant the company’s request. Ms. Robin Thoreson, RC Technologies, responded to Commissioners’ questions.

           TC25-028        In the Matter of the Request of Alliance Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 391405, 391642, 391657 and 399024) (Staff Analyst: Jon Thurber)

          Mr. Ryan Taylor, Cutler Law Firm, LLP, representing Alliance 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. Jon Thurber, staff analyst, recommended the Commission grant the company’s request.  Mr. Ryan Taylor, responded to Commissioners’ questions and committed to provide additional information on instances where other carriers did not comply with South Dakota 811 processes and procedures.

           TC25-030        In the Matter of the Request of Clarity Telecom, LLC dba Bluepeak Fiber for Certification Regarding Its Use of Federal Universal Service Support (Study Area: ILEC–391652 and CLEC–399006) (Staff Analyst: Patrick Steffensen)

          Ms. Darla Pollman Rogers, Riter Rogers, LLP, representing Clarity Telecom, LLC dba Bluepeak Fiber, 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. Daryl Elcock, Clarity Telecom, LLC dba Bluepeak Fiber, responded to Commissioners’ questions.

           TC25-031        In the Matter of the Request of City of Faith Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391653) (Staff Analyst: Darren Kearney)

          Ms. Darla Pollman Rogers, Riter Rogers, LLP, representing City of Faith 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. Mr. Darren Kearney, staff analyst, recommended the Commission grant the company’s request.

         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.      EL25-028        In the Matter of the Application by Western Minnesota Municipal Power and Missouri River Energy Services for a Facility Permit for an Energy Facility and Associated Facilities Including an Electric Transmission Line in Deuel County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Logan Schaefbauer)

         Mr. Darren Kearney, staff analyst, 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 $389,000 and authorize the Executive Director to enter into necessary consulting contracts. Mr. James Moore, Woods, Fuller, Schultz & Smith P.C., representing Missouri River Energy Services did not object.

         Commissioner Fiegen moved to assess a filing fee in the amount of up to $389,000 to account for actual expenses incurred in review of this filing commencing from the filing date and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.

2.      EL25-029        In the Matter of The Application by Philip Wind Partners, LLC, for Energy Facility Permits of a Wind Energy Facility and a 230 KV Transmission Facility In Haakon County, South Dakota for The Philip Wind Project (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)

           Ms. Amanda Reiss, 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 $575,000 and authorize the Executive Director to enter into necessary consulting contracts. Ms. Lisa Agrimonti, Fredrikson & Byron, P.A., representing Philip Wind, Partners, LLC did not object.

           Commissioner Hanson moved to assess a filing fee in the amount of up to $575,000 to account for actual expenses incurred in review of this filing commencing from the filing date and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.

3.      EL25-030        In the Matter of the Application by Basin Electric Power Cooperative for Energy Facility Permit for a 230 KV Transmission Facility In Haakon County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)

           Ms. Amanda Reiss, 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 $20,000 and authorize the Executive Director to enter into necessary consulting contracts. Ms. Lisa Agrimonti, Fredrikson & Byron, P.A., representing Philip Wind, Partners, LLC did not object.

           Commissioner Nelson moved to assess a filing fee in the amount of $20,000 to account for actual expenses incurred in review of this filing commencing from the filing date and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.

Natural Gas

1.      NG25-004       In the Matter of the Filing by MidAmerican Energy Company for Approval of Its 2024 Economic Development Activities and 2025 Proposed Budget (Staff Analyst: Patrick Steffensen)

          Ms. Gretchen Kraemer and Mr. Sam Wegner, MidAmerican Energy Company, asked that the Commission approve the 2024 Economic Development Activities and 2025 Proposed Budget. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve MidAmerican Energy Company’s request.

         Commissioner Fiegen moved to approve MidAmerican Energy Company’s 2024 Economic Development Activities and 2025 Proposed Budget. Motion carried 3-0.

         There being no further business, at the hour of 10:24 a.m., the South Dakota Public Utilities Commission meeting adjourned.

  /s/ Janeth A. Merriman                 .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
August 26, 2025