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South Dakota Public Utilities Commission Meeting
December 2, 2025, at 9:30 A.M. CST
Matthew Training Center, Foss 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 Jennie Fuerst, Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Joseph Rezac and Jon Thurber; and Administrative Staff Janeth Merriman.
Also present were Jay Grabow; Bill Van Camp, Olinger, Lovald, McCahren & Van Camp, P.C. representing Sweetman Const. Co. dba Knife River; Kara Semmler, South Dakota Telecommunications Association; and Chad Mutzinger.
Joining the meeting by telephone were Commission Advisor Greg Rislov; Consumer Affairs Manager Deb Gregg; Staff Analyst Patrick Steffensen; Jason Danowsky, FosterDanowsky LLP representing Ezee Fiber Texas, LLC; Mollie Smith, Fredrikson & Byron, P.A. representing Wild Springs Solar, LLC; Tom Magnuson, Geronimo Power; Carl Shlanta, Lauren Stenhaeuser, and Brian Doyle, Northern States Power Company dba Xcel Energy; James Moore, Woods, Fuller, Shultz & Smith P.C. representing Missouri River Energy Services; Lisa Agrimonti, Fredrikson & Byron, P.A. representing Philip Wind Partners, LLC and Basin Electric Power Cooperative; Mike Nadolski, Lynn, Jackson, Schultz & Lebrun, P.C. representing Sioux Valley-Southwestern Electric Cooperative, Inc.; Meredith Moore, Cutler Law Firm representing Basin Electric Power Cooperative; Daniel Brown, East River Electric Power Cooperative, Inc.; Zeviel Simpser, Dorsey & Whitney LLP representing Xcel Energy; Stephanie Bosch, Brian Giggee, and Rhonda Erickson, Montana-Dakota Utilities Co.; Derek Haugen, Otter Tail Power Company; Cathy Sabers, Black Hills Service Company, LLC; Richie Schmidt, Laborers International Union of North America; Pamela Bonrud, NorthWestern Energy; William Taylor, Taylor Law Firm, P.C. representing Laborers Local 620, The Great Plains Laborers District Council and The Laborers International Union of North America; Zane Bruns, Tony Quail, and Christopher Monnier.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, December 2, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc12022025.mp3.
Administration
1. Approval of the Minutes of the Commission Meetings Held on November 6 and 18, 2025 (Staff: Janeth Merriman)
Commissioner Fiegen moved to approve the Minutes of the Commission Meetings held on November 6 and November 18, 2025. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 32 contacts since the last report was prepared for the November 18, 2025, Commission meeting.
Three contacts were related to telecommunications services, seven contacts were related to electric services, two contacts were related to natural gas services, one contact was related to gas and electric services, three contacts were related to wireless services, two contacts were related to the Do Not Call Registry, one contact was related to wind energy, and 13 contacts were related to issues not regulated by the PUC.
1,136 of the 1,153 contacts received in 2025 have been resolved.
Telecommunications
1. TC25-037 In the Matter of the Application of Ezee Fiber Texas, LLC for Certificates of Public Convenience and Necessity to Operate as a Facilities-Based and Resale Competitive Local and Interexchange Carrier of Telecommunications Services in the State of South Dakota (Staff Attorney: Jennie Fuerst)
Neither Mr. Jason Danowsky, FosterDanowsky LLP representing Ezee Fiber Texas, LLC nor Ms. Jennie Fuerst, staff attorney, objected to the intervention.
Commissioner Hanson moved the Commission grant SDTA's petition to intervene. Motion carried 3-0.
Electric
1. EL20-018 In the Matter of the Application by Wild Springs Solar, LLC for a Permit of a Solar Energy Facility in Pennington County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket EL20-018. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, December 2, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc12022025.mp3.
Ms. Mollie Smith, Fredrikson & Byron, P.A. representing Wild Springs Solar, LLC (Wild Springs) summarized Wild Spring’s Motion for Release of Decommissioning Surety Bond and Approval of Replacement Decommissioning Surety Bond. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the new decommissioning bond and release the current decommissioning bond. Ms. Smith and Mr. Tom Magnuson, Geronimo Power, answered questions from the Commission.
Commissioner Fiegen moved to grant Wild Springs’ motion to release the decommissioning bond and, approve the replacement decommissioning surety bond, and approve the release of bond #190047588, and approve the replacement surety bond #EACX4046853. Motion carried 3-0.
2. EL25-020 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2024 Demand Side Management Report and 2026 Proposed Demand Side Management Plan (Staff Analyst: Eric Paulson; Staff Attorney: Jennie Fuerst)
A lengthy discussion took place for docket EL25-020. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, December 2, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc12022025.mp3.
Commissioner Fiegen moved to approve Xcel’s 2024 Demand Side Management Status Report and tracker account, the performance incentive earned for 2024, the proposed 2026 Demand Side Management Plan with the exception of the Home Energy Insights program, and the proposed 2026 Demand Side Management Cost Adjustment Factor subject to a compliance filing to reflect the removal of the Home Energy Insights program, with a January 1, 2026, effective date. Motion carried 3-0.
3. EL25-028 In the Matter of the Application by Western Minnesota Municipal Power Agency and Missouri River Energy Services for a Facility Permit for an Energy Conversion 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. James Moore, Woods, Fuller, Schultz & Smith P.C. representing Missouri River Energy Services, supported the local review committee’s request for employment of personnel to carry out provisions. Mr. Logan Schaefbauer, staff attorney, recommended the Commission approve the local review committee’s request for employment of personnel to carry out provisions of SDCL 49-41B-7.
Commissioner Fiegen moved to approve the Local Review Committee’s Request for Employment of Personnel to Carry out Provisions of SDCL 49-41B-7. Motion carried 3-0.
4. 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. Lisa Agrimonti, Fredrikson & Byron, P.A. representing Philip Wind Partners, LLC and Basin Electric Power Cooperative supported the joint motion for procedural schedule and joint motion to consolidate evidentiary hearings. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the joint motion for procedural schedule and joint motion to consolidate evidentiary hearings. Ms. Agrimonti responded to Commissioners’ questions.
Commissioner Nelson moved to Grant the Joint Motion for Procedural Schedule with the exception of the post-hearing portions of the Procedural Schedule, and that responses to discovery are due ten business days after service except as provided in the procedural schedule, and that prefiled testimony must be submitted for all witnesses as a prerequisite to providing testimony at the evidentiary hearing, with the exception of rebuttal witnesses responding to new issues raised at the evidentiary hearing, and that all exhibits be marked and filed prior to the evidentiary hearing and to grant the Joint Motion to consolidate Evidentiary Hearings for Dockets EL25-029 and EL29-030. Motion carried 3-0.
5. 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. Lisa Agrimonti, Fredrikson & Byron, P.A. representing Philip Wind Partners, LLC and Basin Electric Power Cooperative supported the joint motion for procedural schedule and joint motion to consolidate evidentiary hearing. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the joint motion for procedural schedule and joint motion to consolidate evidentiary hearings. Ms. Agrimonti responded to Commissioners’ question.
Commissioner Nelson moved to Grant the Joint Motion for Procedural Schedule with the exception of the post-hearing portions of the Procedural Schedule, and that responses to discovery are due ten business days after service except as provided in the procedural schedule, and that prefiled testimony must be submitted for all witnesses as a prerequisite to providing testimony at the evidentiary hearing, with the exception of rebuttal witnesses responding to new issues raised at the evidentiary hearing, and that all exhibits be marked and filed prior to the evidentiary hearing, and to grant Joint Motion to consolidate Evidentiary Hearings for Dockets EL25-030 and EL25-029. Motion carried 3-0.
6. EL25-032 In the Matter of the Petition of Sweetman Const. Co. dba Knife River, to have Xcel Energy Assigned as its Electric Provider in the Service Area of Sioux Valley Electric (Staff Analyst: Joseph Rezac; Staff Attorney: Jennie Fuerst)
Mr. William Van Camp, Olinger, Lovald, McCahren & Van Camp, P.C. representing Sweetman Const. Co. dba Knife River supported the joint motion for procedural schedule. Mr. Mike Nadolski, Lynn Jackson, Schultz, & Lebrun, P.C. representing Sioux Valley-Southwestern Electric Cooperative, Inc., Daniel Brown, East River Electric Power Cooperative, Inc., Ms. Meredith Moore, Cutler Law Firm representing Basin Electric Power Cooperative, Mr. Zeviel Simpser, Dorsey & Whitney LLP representing Xcel Energy had no objection to the joint motion for procedural schedule. Ms. Jennie Fuerst, staff attorney, recommended the Commission approve the joint motion for procedural schedule.
Commissioner Nelson moved to grant Knife River’s motion for approval of the procedural schedule, and to establish the procedural schedule as proposed by Knife River with the adjustments the final discovery must be served by March 11, 2026, and responses to final discovery are due by April 1, 2026, and that responses to discovery are due ten business days from receipt. Motion carried 3-0.
7. EL25-037 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of Tariff Revisions to Its Rates for Rate 95 and Rate 96 (Staff Analyst: Joseph Rezac; Staff Attorney: Jennie Fuerst)
Ms. Rhonda Erickson, Montana-Dakota Utilities Co., requested the Commission approve the company's requested tariff revisions with an effective date of January 1, 2026. Mr. Joseph Rezac recommended the Commission approve the company's request.
Commissioner Fiegen moved to approve the company's requested tariff changes effective January 1, 2026. Motion carried 3-0.
8. EL25-040 In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analyst: Joseph Rezac ; 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 $50,000. Mr. Derek Haugen, Otter Tail Power Company, supported the request.
Commissioner Hanson moved to assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.
Gas and Electric
1. GE25-001 In the Matter of the Joint Application of NorthWestern Energy Public Service Corporation, Black Hills Corporation and NorthWestern Energy Group, Inc., for Approval of Merger (Staff Analysts: Patrick Steffensen, Brittany Mehlhaff, Eric Paulson; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
A lengthy discussion took place for docket GE25-001. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2025, December 2, 2025, recording located at: https://puc.sd.gov/commission/media/2025/puc12022025.mp3. No party objected to the requested interventions.
Commissioner Nelson moved the Commission grant the South Dakota Laborers Local 620, the Great Plains Laborer’s District Council, and The Laborers International Union of North America's petition to intervene and give the Executive Director authority, up to $50,000, to enter into necessary consulting contracts. Motion carried 3-0.
Public Comment
Mr. Tony Quail and Christoper Monnier made comments regarding their opposition to a proposed energy conversion facility and electric transmission line in Scandinavia Township, Deuel County, South Dakota.
There being no further business, at the hour of 11:13 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
December 2, 2025
