Commission Minutes | previous page
South Dakota Public Utilities Commission Meeting
November 18, 2025, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Chairman Chris Nelson called the meeting to order. Present were Commissioner Kristie Fiegen and Commissioner Gary Hanson; Commission Attorney Kristen Edwards; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Joseph Rezac, Patrick Steffensen and Jon Thurber; Consumer Affairs Manager Deb Gregg; Finance Manager Cindy Kemnitz; and Administrative Staff Joy Irving.
Also present were Chris Karn and Lucas Peterson, Clarity Telecom, LLC; and Darla Rogers, Riter Rogers, LLP representing Clarity Telecom, LLC.
Joining the meeting by telephone were Jason Danowsky, FosterDanowsky LLP representing Impact Telecom, LLC; Jon Boike, JSI Consulting; Henry Shi, HWG LLP representing Clarity Telecom, LLC; Marc Krasney and Carolyn Murphy, Clarity Telecom, LLC.; Rebecca Eilers, Northern States Power Company dba Xcel Energy; James Moore, Woods, Fuller, Shultz & Smith P.C. representing Valley Queen Cheese Factory, Inc.; Amber Grenier, Otter Tail Power Company; Chad Kinsley, Southeastern Electric Cooperative; Jay Spaans, Douglas Electric Cooperative, Inc.; Pamela Bonrud; NorthWestern Energy; and Bradley Davison, Montana-Dakota Utilities Co.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, November 18, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc11182025.mp3.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 26 contacts since the last report was prepared for the November 6, 2025, Commission meeting.
One contact was related to telecommunications services, 17 contacts were related to electric services, three contacts were related to natural gas services, one contact was related to gas and electric services, and four contacts were related to issues not regulated by the PUC.
1,101 of the 1,121 contacts received in 2025 have been resolved.
Telecommunications
1. In the Matter of the Failure of Certain Telecommunications Companies to Timely Pay their Gross Receipts Tax (Finance Manager: Cindy Kemnitz)
Ms. Kemnitz asked the Commission to remove action on NetworkIP LLC dba Elite Telecom, as payment has been received.
Ms. Kemnitz asked that the Commission issue an order to show cause for the following companies that have failed to timely pay their gross receipts tax as required by SDCL 49-1A:
Aquarius Silver LLC
Cliq Communications LLC dba Cliq Mobile
Comlink Total Solutions Corp.
Go Technology Management, LLC
Hello Mobile Telecom, LLC
Lux Mobile USA, Inc.
Mobile 13, Inc.
Native Wireless, LLC dba Free Conferencing Corporation (CarrierX, LLC)
Pareteum Corporation
Phreeli Company
Power Mobile LLC
Prepaid Wireless Wholesale, LLC
Q Link Wireless LLC
Ready Wireless LLC dba Affinity Cellular and Club Cellular
RSCU Mobile LLC
Splash Cellular LLC
Volt Mobile Inc.
Wide Voice, LLC
Working Assets Funding Service Inc. dba Credo Long Distance
Wrazzle, Inc.
Commissioner Hanson moved to issue an Order to Show Cause as to why the Commission should not fine, and/or suspend or revoke the Certificates of Authority of Aquarius Silver LLC, Cliq Communications LLC dba Cliq Mobile, Comlink Total Solutions Corp., Go Technology Management, LLC, Hello Mobile Telecom, LLC, Lux Mobile USA, Inc., Mobile 13, Inc., Native Wireless, LLC dba Free Conferencing Corporation (CarrierX, LLC), Pareteum Corporation, Phreeli Company, Power Mobile LLC, Prepaid Wireless Wholesale, LLC, Q Link Wireless LLC, Ready Wireless LLC dba Affinity Cellular and Club Cellular, RSCU Mobile LLC, Splash Cellular LLC, Volt Mobile Inc., Wide Voice, LLC, Working Assets Funding Service Inc. dba Credo Long Distance, and Wrazzle, Inc. for failure to pay the requisite gross receipts tax. Motion carried 3-0.
2. TC23-051 In the Matter of the Application of Impact Telecom, LLC for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Mr. Jason Danowsky, FosterDanowsky LLP representing Impact Telecom, LLC asked that the Commission allow the company to withdraw its petition. Mr. Logan Schaefbauer, staff attorney, did not object to the company’s request.
Commissioner Fiegen moved to grant the Petitioner’s Request to withdraw its petition without prejudice. Motion carried 3-0.
3. TC25-034 In the Matter of the Joint Application of Clarity Telecom, LLC dba Bluepeak and Certain Subsidiaries for Approval of Asset Transfer, Request for Eligible Telecommunications Carrier Designation, and Request for Relinquishment of Eligible Telecommunications Carrier Designation (Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket TC25-034. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, November 18, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc11182025.mp3.
Commissioner Nelson moved to grant, subject to the condition that Bluepeak file specific maps within one month of the Commission’s order, Bluepeak’s Application and approve the pro forma asset transfer, grant the transfer of Bluepeak’s Certificate of Authority for local and interexchange services to Bluepeak BTS, grant a Certificate of Authority for local and interexchange services to Bluepeak ABS, approve the relinquishment of Bluepeak’s Eligible Telecommunications Carrier designation, and grant Eligible Telecommunications Carrier designations to Bluepeak BTS and Bluepeak ABS, with the clarification that the designations for the Sioux Falls and Vermillion areas are lifeline-only; and that the Commission grant the waiver of ARSD 20:10:32:43.02, as requested. Motion carried 3-0.
Electric
1. EL25-031 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2026 Transmission Cost Recovery Eligibility and Rate Adjustment
Mr. Eric Paulson, staff analyst, requested the Commission authorize the Executive Director to enter into necessary consulting contracts. Ms. Rebecca Eilers, Northern States Power Company dba Xcel Energy, did not object to the request.
Commissioner Fiegen moved to authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.
2. EL25-035 In the Matter of Otter Tail Power Company’s Petition for Approval of a Revised Real Time Pricing Rate Section 14.02 (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)
Mr. James Moore, Woods, Fuller, Schultz & Smith P.C. representing Valley Queen Cheese Factory, Inc. (Valley Queen), asked the Commission to grant Valley Queens's petition to intervene. Ms. Amber Grenier, Otter Tail Power Company, and Mr. Logan Schaefbauer, staff attorney, did not object to the request.
Commissioner Hanson moved the Commission grant Valley Queen's petition to intervene. Motion carried 3-0.
3. EL25-036 In the Matter of the Joint Request for Approval of an Electric Service Territory Exception Agreement between Southeastern Electric Cooperative, Inc. and Douglas Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Jennie Fuerst)
Mr. Jay Spaans, Douglas Electric Cooperative, Inc., requested the Commission approve the joint request for approval of an Electric Service Territory Exception Agreement between Southeastern Electric Cooperative, Inc. and Douglas Electric Cooperative, Inc. Mr. Chad Kinsley, Southeastern Electric Cooperative, Inc., supported the request. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.
Commissioner Nelson moved to approve the joint request for approval of a territory exception. Motion carried 3-0.
4. EL25-038 In the Matter of NorthWestern Energy Public Service Corporation dba NorthWestern Energy’s Notice of Intent to Apply for Permit for an Energy Conversion Facility at Aberdeen, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Logan Schaefbauer)
Mr. Logan Schaefbauer, staff attorney, summarized staff’s letter filed on November 14, 2025, that identified several options for an affected area and local review committee. Mr. Schaefbauer recommended the Commission designate a 5-mile radius for the affected area. Ms. Pamela Bonrud, representing NorthWestern Energy Public Service Corporation dba NorthWestern Energy, had no concerns with Staff’s recommendation and responded to Commissioner Fiegen’s question.
Commissioner Fiegen moved to designate the affected area as a 5-mile radius from the proposed project location and that the Commission designate a local review committee consisting of those persons identified in PUC staff’s Exhibit 2, including a representative of NorthWestern Energy. Motion carried 3-0.
5. EL25-039 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., Update to Infrastructure Rider (IR) Rate 56 and Request for Waiver of Fuel and Purchase Power Adjustment Rate 58 (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; 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 $250,000, authorize the Executive Director to enter into necessary consulting contracts and approve the waiver of the Fuel and Purchased Power Adjustment Rate 58. Mr. Bradley Davison, Montana-Dakota Utilities Co. did not object.
Commissioner Hanson 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 authorize the Executive Director to enter into necessary consulting contracts and approve the waiver of the Fuel and Purchased Power Adjustment Rate 58. Motion carried 3-0.
There being no further business, at the hour of 10:17 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
November 18, 2025
