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South Dakota Public Utilities Commission Meeting
October 7, 2025, at 9:30 A.M. CDT
Room 413, 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; Staff Attorneys Jennie Fuerst and Amanda Reiss; Staff Analysts Brittany Mehlhaff, Eric Paulson, Joseph Rezac and Patrick Steffensen; Consumer Affairs Manager Deb Gregg; and Administrative Staff Janeth Merriman.
Also present was Steven Kolbeck, Northern States Power Company dba Xcel Energy.
Joining the meeting by telephone were Commission Chairman Gary Hanson; Staff Attorney Logan Schaefbauer; Micah Leval, Morgan, Lewis, & Bockius LLP, representing Zayo Network Services, LLC; and Jeffrey Decker, NorthWestern Energy.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, October 7, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc10072025.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on September 9, 2025 (Staff: Janeth Merriman)
Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on September 9, 2025. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 42 contacts since the last report was prepared for the September 23, 2025, Commission meeting.
Seven contacts were related to telecommunications services, 18 contacts were related to electric services, three contacts were related to natural gas services, three contacts were related to wireless services, two contacts were related to the Do Not Call Registry, two contacts were related to wind energy, and seven contacts were related to issues not regulated by the PUC.
1,004 of the 1,022 contacts received in 2025 have been resolved.
Telecommunications
1. TC25-032 In the Matter of the Application of Zayo Network Services, LLC for a Certificate of Authority to Provide Resold and Facilities-Based Local Exchange Telecommunications Services in the State of South Dakota (Staff Attorney: Jennie Fuerst)
Mr. Micah Leval, Zayo Network Services, LLC (Zayo), requested the Commission grant Zayo’s request for a Certificate of Authority to provide local exchange services in South Dakota and grant a waiver of ARSD 20:10:32:10. Ms. Jennie Fuerst, staff attorney, recommended the Commission grant the company’s requests, with the restrictions that, for retail purposes, Zayo 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 Zayo’s local authority be subject to rural safeguards, and that the waiver be subject to the condition that Zayo not offer switched access services in the state without approval by the Commission and a reevaluation of the waiver. Mr. Micah Leval, responded to Commissioners’ questions.
Commissioner Nelson moved to grant Zayo’s request for a Certificate of Authority to provide resold and facilities based local exchange services in South Dakota, with the restrictions that, for retail purposes, Zayo 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 Zayo’s local authority be subject to rural safeguards, and grant a waiver of ARSD 20:10:32:10, subject to the condition that Zayo not offer switched access services in the state without approval by the Commission and a reevaluation of the waiver. Motion carried 3-0.
2. TC25-033 In the Matter of the Application of Zayo Network Services, LLC for a Certificate of Authority to Provide Resold and Facilities-Based Interexchange Telecommunications Services throughout the State of South Dakota (Staff Attorney: Jennie Fuerst)
Mr. Micah Leval, Zayo Network Services, LLC (Zayo), requested the Commission grant Zayo’s request for a Certificate of Authority to provide interexchange services in South Dakota. Ms. Jennie Fuerst, staff attorney, recommended the Commission grant the company’s requests, with the restrictions that, for retail purposes, Zayo 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 Zayo’s local authority be subject to rural safeguards.
Commissioner Nelson moved to grant Zayo’s request for a Certificate of Authority to provide interexchange services in South Dakota, subject to the condition that they either obtain a $25,000 indemnity bond or refrain from offering any prepaid services and accepting deposits, advance payments without prior Commission approval. 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. Steven Kolbeck, Northern States Power Company dba Xcel Energy, and Mr. Logan Schaefbauer, staff attorney, did not object to Steven Wegman’s request to intervene. Mr. Steven Wegman, did not appear.
Commissioner Hanson moved the Commission grant Steven Wegman’s petition to intervene. Motion carried 3-0.
Natural Gas
1. NG25-005 In the Matter of the Filing by NorthWestern Energy Public Service Corporation dba NorthWestern Energy for Approval of Its Gas Transportation Tariff Revisions regarding Fuel Retention Percentage (Staff Analyst: Brittany Mehlhaff)
Mr. Jeff Decker, NorthWestern Energy Public Service Corporation dba NorthWestern Energy, requested the Commission approve the company’s requested tariff revisions with an effective date of November 1, 2025. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the company’s request.
Commissioner Fiegen moved to approve the company’s requested tariff revisions effective November 1, 2025. Motion carried 3-0.
There being no further business, at the hour of of 9:41a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
October 7, 2025
