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South Dakota Public Utilities Commission Meeting
September 8, 2026, at 1:30 P.M. CDT
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; Commission Advisor Darren Kearney; Commission Attorney Kristen Edwards; Staff Attorneys Jennie Fuerst, Amanda Reiss and Logan Schaefbauer; Staff Analysts Brittany Mehlhaff, Jon Thurber, and Anuja Oke; Public Utilities Manager Patrick Steffensen; and Administrative Staff Janeth Merriman.
Also present were Darla Pollman Rogers, Riter Rogers, LLP representing Golden West Telecommunications Cooperative, Inc. and RC Technologies; William VanCamp, Olinger, Lovald, McCahren & Van Camp, P.C. representing Leola Data Center, LLC and Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Montana-Dakota Utilities Co. and MidAmerican Energy Company.
Joining the meeting by telephone were Commissioner Gary Hanson; Consumer Affairs Manager Deb Gregg; Jill Reinert and Nick Rogness, Golden West Telecommunications Cooperative, Inc.; Lance Brennan, Chad Mutziger and Kathy Taylor, Midstate Communications Inc.; Ryan Taylor, Cutler Law Firm, LLP representing Midstate Communications Inc.; Ross Petrick, Alliance Communications Cooperative Inc.; Robin Thoreson, RC Technologies; Daniel Brown, East River Electric Cooperative, Inc.; Meredith Moore, Cutler Law Firm, LLP representing Basin Electric Power Cooperative; James Moore, Woods, Fuller, Schultz & Smith P.C. representing South Dakota Large Customer Group; Adam Buhrman and Jason Keil, Black Hills Energy; and Derek Nelson and Emily Willits, MidAmerican Energy Company.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2026, September 8, 2026, recording located at: https://puc.sd.gov/commission/media/2026/puc09082026.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on August 25, 2026 (Staff: Janeth Merriman)
Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on August 25, 2026. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 37 contacts since the last report was prepared for the August 24, 2026, Commission meeting.
Two contacts were related to telecommunications services, 24 contacts were related to electric services, two contacts were related to natural gas, three contacts were related to wireless service, one contact was related to the Do Not Call Registry and Unwanted Calls, one contact was related to Wind Energy, and four contacts were related to issues not regulated by the PUC.
965 of the 985 contacts received in 2026 have been resolved.
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC26-012, TC26-014, TC26-021, and TC26-024
TC26-012 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. Ms. Brittany Mehlhaff, Staff analyst, recommended the Commission grant the company’s request. Mr. Nick Rogness, Golden West Telecommunications Cooperative, Inc. responded to Commissioners’ questions.
TC26-014 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.
TC26-021 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.
TC26-024 In the Matter of the Request of RC Technologies for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391674) (Staff Analyst: Jon Thurber)
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. Jon Thurber, Staff analyst, recommended the Commission grant the company’s request.
Commissioner Fiegen 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. EL24-027 In the Matter of the Petition by Leola Data Center LLC to have Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., Assigned as its Electric Provider in the Service Area of FEM Electric Association Inc. (Staff Analyst: Patrick Steffensen; Staff Attorneys: Logan Schaefbauer, Amanda Reiss, Jennie Fuerst)
A lengthy discussion took place regarding the parties’ Settlement Stipulation and Agreement in docket EL24-027. The Settlement Stipulation resolves all issues in this matter. An audio recording of the discussion can be found under the PUC website under Commission Actions, Commission Meeting Archives, 2026, September 8, 2026, Recording located at: https://puc.sd.gov/commission/media/2026/puc09082026.mp3. All parties present agreed with the Commission’s request for an amendment to the Settlement Stipulation to clarify the provisions in paragraph six of the Settlement Stipulation.
Commissioner Nelson moved to grant the Joint Motion for Approval of the Stipulation and Settlement Agreement, approve the Stipulation and Settlement Agreement with an amendment, and grant Leola Data Center LLC’s petition to have MDU assigned as its electric provider in the service area of FEM. Motion carried 3-0.
2. EL26-024 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval to Amend its Phase In Plan Rate (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. James Moore, Woods, Fuller, Schultz & Smith P.C., representing Dakota Panel; Fischer Furniture, Inc.; Forest Products Distributors, Inc.; GCC Dacotah, Inc.; Monument Health Rapid City Hospital, Inc.; Pete Lien & Sons, Inc.; the South Dakota Science and Technology Authority; Spearfish Forest Products Inc.; and Wharf Resources (USA), Inc.; collectively referred to as the South Dakota Large Customer Group, requested the commission grant intervention to each of the entities named in the South Dakota Large Customer Group’s Petition to Intervene. Mr. Adam Buhrman, Black Hills Energy, and Ms. Amanda Reiss, staff attorney, did not object to the South Dakota Large Customer Group’s request to intervene.
Commissioner Fiegen moved the Commission grant Dakota Panel; Fischer Furniture, Inc.; Forest Products Distributors, Inc.; GCC Dacotah, Inc.; Monument Health Rapid City Hospital, Inc.; Pete Lien & Sons, Inc.; the South Dakota Science and Technology Authority; Spearfish Forest Products Inc.; and Wharf Resources (USA), Inc.; collectively referred to as the South Dakota Large Customer Group’s petition to intervene. Motion carried 3-0.
Natural Gas
1. NG26-006 In the Matter of the Application of MidAmerican Energy Company for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, requested the Commission suspend the imposition of the tariff for 180 days beyond August 19, 2026; assess a filing fee for actual expenses not to exceed $500,000; and authorize the Executive Director to enter into necessary consulting contracts. Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing MidAmerican Energy Company, agreed with the request of staff.
Commissioner Nelson moved to suspend the imposition of the tariff for 180 days beyond August 19, 2026; assess a filing fee for actual expenses not to exceed $500,000; and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.
There being no further business, at the hour of 2:21 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
September 8, 2026
