South Dakota Public Utilities Commission Meeting
January 27, 2026, at 1:30 p.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; Commission Advisor Greg Rislov; Staff Attorneys Jennie Fuerst and Logan Schaefbauer; Staff Analyst Joseph Rezac; Consumer Affairs Manager Deb Gregg; and Administrative Staff Janeth Merriman.
Also present were Wes Ashton, Jerrad Hammer, Jason Keil, Douglas Law and Mark Lux, Black Hills Energy; Bob Mercer, Keloland News.
Joining the meeting by telephone were Matt Klein, Union County Electric Cooperative; Todd Brink, Brooke Voorhees and Eric Wolff, Black Hills Energy; Mary Zanter, Pipeline Safety Program Manager; and Richard Bell.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2026, January 27, 2026, recording located at: https://puc.sd.gov/commission/media/2026/puc012726.mp3.
(Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.
Administration
1. Approval of the Minutes of the Commission Meeting and the Gross Receipts Tax Hearing Held on January 13, 2026 (Staff: Janeth Merriman)
Commissioner Hanson moved to approve the Minutes of the Commission Meeting and the Gross Receipts Tax Hearing Held on January 13, 2026. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 40 contacts since the last report was prepared for the January 13, 2026, Commission meeting.
Two contacts were related to telecommunications services, 17 contacts were related to electric services, four contacts were related to natural gas services, one contact was related to gas and electric services, five contacts were related to wireless services, four contacts were related to the Do Not Call Registry and unwanted calls, two contacts were related to wind energy, and five contacts were related to issues not regulated by the PUC.
1,218 of the 1,218 contacts received in 2025 have been resolved.
59 of the 66 contacts received in 2026 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)
Ms. Jennie Fuerst, staff attorney, asked that the Commission allow the company to withdraw its petition without prejudice. Neither the Petitioner, Ezee Fiber Texas, LLC, nor SDTA were in attendance.
Commissioner Fiegen moved to grant the Petitioner’s Request to withdraw its petition without prejudice. Motion carried 3-0.
Electric
1. EL25-003 In the Matter of the Joint Request for Approval of an Electric Service Territory Exchange Agreement between the City of Elk Point and Union County Electric Cooperative (Staff Analyst: Joseph Rezac; Staff Attorneys: Jennie Fuerst, Logan Schaefbauer)
Mr. Matt Klein, Union County Electric Cooperative, requested the Commission approve the joint request for approval of an Electric Service Territory Exchange Agreement between Union County Electric Cooperative and the City of Elk Point. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the joint request. Mr. Rezac, responded to Commissioners’ questions.
Commissioner Nelson moved to approve the joint request for approval of an Electric Service Territory Exchange Agreement. Motion carried 3-0.
2. EL25-019 In the Matter of Black Hills Power, Inc. dba Black Hills Energy for Approval to Implement an Economic Flexible Load Service Tariff and Amend its Energy Cost Adjustment Tariff Effective June 1, 2025 (Staff Analyst: Joseph Rezac; Staff Attorney: Jennie Fuerst)
A lengthy discussion took place for docket EL25-019. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2026, January 27, 2026, recording located at: https://puc.sd.gov/commission/media/2026/puc01272026.mp3.
Commissioner Nelson moved to approve the joint motion for approval of stipulation Motion carried 2-1. Commissioner Fiegen dissenting.
Pipeline Safety
1. PS25-003 In the Matter of the PUC Staff’s Complaint Against Black Hills Power, Inc. dba Black Hills Energy (Pipeline Safety Staff: Mary Zanter, Boice Hilmer; Staff Analyst: Darren Kearney; Staff Attorneys: Jennie Fuerst, Logan Schaefbauer)
A lengthy discussion took place for docket PS25-003. The Commission heard oral argument from the parties on the Motion to Dismiss filed by Black Hills Power, Inc. dba Black Hills Energy. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2026, January 27, 2026, recording located at: https://puc.sd.gov/commission/media/2026/puc01272026.mp3.
Commissioner Fiegen moved to deny the Motion to Dismiss. Motion carried 3-0.
Public Comment
Mr. Richard Bell made comments regarding EL25-019 Black Hills Power, Inc. dba Black Hills Energy EFLS Tariffs.
There being no further business, at the hour of 4:13 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
January 27, 2026

