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South Dakota Public Utilities Commission Meeting 
July 14, 2026, at 9:30 a.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 and Commissioner Gary Hanson; Commission Advisor Darren Kearney; Commission Attorney Kristen Edwards; Staff Attorneys Jennie Fuerst, Amanda Reiss, and Logan Schaefbauer; Staff Analysts Eric Paulson, Joseph Rezac and Jon Thurber; Executive Director Leah Mohr; Public Utilities Manager Patrick Steffensen; Consumer Affairs Manager Deb Gregg; and Administrative Staff Joy Irving.

           Also present were James Groft; James Valley Cooperative Telephone Company, James Valley Wireless, LLC, Northern Valley Communications, LLC; William VanCamp, Olinger Lovald, McCahren & Van Camp, P.C. representing Sweetman Const. Co. dba Knife River; Clark Meyer, Sweetman Const. Co. dba Knife River; Michael Nadolski, Lynn, Jackson, Schultz & Lebrun, P.C. representing Sioux Valley-Southwestern Electric Cooperative, Inc.; Daniel Brown, East River Electric Power Cooperative; Steven Kolbeck, Xcel Energy; Kara Semmler, South Dakota Telecommunications Association; and Linda and Tim Lindgren.

           Joining the meeting by telephone were Jim Cremer, Bantz Gosch & Cremer LLC representing James Valley Cooperative Telephone Company, James Valley Wireless, LLC, Northern Valley Communications LLC; Derek Bertsch and Brent Moeller, Missouri River Energy Services; James Moore, Woods, Fuller, Shultz & Smith P.C. representing Missouri River Energy Services, South Dakota Large Customer Group and Crowned Ridge Energy Storage I, LLC; Douglas Law, Black Hills Energy; Shane Griese, City of Vermillion; Steve Tilton, Clay-Union Electric; John Knight, Codington Clark Electric Coop; Brandon Johnson, Otter Tail Power Company; Ryan Mueller, Central Electric Cooperative, Inc.; Jeffrey Decker and Jamie Hajek, NorthWestern Energy; Zeviel Simpser, Dorsey & Whitney LLP representing Northern States Power Company dba Xcel Energy; Meredith Moore, Cutler Law Firm representing Basin Electric Power Cooperative; John Mckee; and Emily Mack.

           An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2026, July 14, 2026, recording located at: https://puc.sd.gov/commission/media/2026/puc07142026.mp3.

Consumer Reports

1.         Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

            The Commission received a total of 58 contacts since the last report was prepared for the June 30, 2026, Commission meeting.

            Seven contacts were related to telecommunications services, 30 contacts were related to electric services, two contacts were related to wireless service, six contacts were related to natural gas, three contacts were related to unwanted calls and the Do Not Call Registry, one contact was related to wind energy, one contact was referred to South Dakota One Call and eight contacts were related to issues not regulated by the PUC.    

            806 of the 822 contacts received in 2026 have been resolved.

Administration

1.          Approval of the Minutes of the Commission Meetings Held on June 18 and 24, 2026. (Staff: Janeth Merriman)

            Commissioner Fiegen moved to approve the Minutes of the Meetings Held on June 18 and June 24, 2026. Motion carried 3-0.

Telecommunications

1.      In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC26-003, TC26-004 and TC26-005

           TC26-003        In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 399017 and 396340) (Staff Analyst: Joseph Rezac)

           Mr. James Cremer, Bantz Gosch & Cremer LLC, representing Northern Valley Communications LLC 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. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request. Mr. Cremer responded to Commissioners’ questions.

           TC26-004        In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391664) (Staff Analyst: Joseph Rezac)

           Mr. James Cremer, Bantz Gosch & Cremer LLC, representing James Valley Cooperative Telephone Company 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. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request. Mr. Cremer responded to Commissioners’ questions.

            TC26-005        In Matter of the Request of James Valley Wireless, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399014) (Staff Analyst: Joseph Rezac)

            Mr. James Cremer, Bantz Gosch & Cremer LLC, representing James Valley Wireless, LLC 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. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request. Mr. Cremer responded to Commissioners’ questions.

            Commissioner Nelson 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.

2.         TC26-010        In the Matter of the Consideration of a Waiver of Certain Telecommunications Annual Reporting Requirements (Commission Attorney: Kristen Edwards)

            Ms. Kristen Edwards, commission attorney, requested the commission grant a waiver of ARSD 20:10:32:12 and ARSD 20:10:24:04.

            Commissioner Fiegen moved to grant a waiver of ARSD 20:10:32:12 and ARSD 20:10:24:04. Motion carried 3-0.

Electric

1.         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

           Mr. James Moore, Woods, Fuller, Shultz & Smith P.C. representing Missouri River Energy Services, requested the Commission grant the request to extend the deadline for a decision in this docket by six months. Mr. Logan Schaefbauer, staff attorney, stated that Staff had no objection to the request. Mr. Moore responded to commissioners’ questions.

            Commissioner Fiegen moved the Motion to Extend Decision Deadline for six months. Motion carried 2-1. Chairman Nelson dissenting.

2.         EL26-003        In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Authority to Increase Rates For its Utility Service in South Dakota (Staff Analysts: Brittany Mehlhaff, Eric Paulson, Joseph Rezac, Patrick Steffensen; Staff Attorney: Amanda Reiss)

            Mr. John Mckee stated that he and BHP have resolved their differences, and he no longer wishes to participate in this docket and therefore he no longer wished to pursue the protective order.  The other parties have not requested the Commission enter a protective order. 

            Commission Nelson Moved to Deny Protective Order. Motion carried 3-0.

3.         EL26-012        In the Matter of the Joint Request for Approval of an Electric Service Territory Memorandum of Understanding between The City of Vermillion and Clay-Union Electric (Staff Analyst: Joseph Rezac)

            Mr. Shane Greise, City of Vermillion, requested the Commission approve the joint request for approval of a service territory exchange agreement between City of Vermillion and Clay-Union Electric. Mr. Steve Tilton, Clay-Union Electric, supported the request. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.

            Commissioner Fiegen moved to approve the requested service territory exchange agreement between the City of Vermillion and Clay-Union Electric. Motion carried 3-0.

4.         EL26-014        In the Matter of the Application of Crowned Ridge Energy Storage I, LLC for a Permit for an Energy Conversion Facility (Staff Analyst: Jon Thurber; Staff Attorney: Jennie Fuerst)

            The Commission considered the Party Status application filed by Timothy Lindgren, Linda Lindgren, and Codington Clark Electric Cooperative, Inc. Mrs. Lindgren and Mr. Lindgren requested to be granted Party Status. Mr. John Knight, Green Oviatt Law Firm representing Codington Clark Electric Cooperative, Inc. (Codington Clark) requested Codington Clark be granted Party Status.  Mr. James Moore Woods, Fuller, Shultz & Smith P.C. representing Crowned Ridge Energy Storage I, LLC had no objection. Ms. Jennie Fuerst, staff attorney, recommended the Commission grant Party Status to Timothy Lindgren, Linda Lindgren, and Codington Clark.

            Commissioner Hanson moved to grant Party Status to Linda Lindgren, Timothy Lindgren, and Codington Clark Electric Cooperative, Inc. Motion carried 3-0.

5.         EL26-017        In the Matter of Otter Tail Power Company’s Petition for Approval of Tariff Revisions to its South Dakota Rate Book, Section 1.05 (Staff Attorney: Jennie Fuerst)

            Mr. Randy Johnson, Otter Tail Power Company, requested the Commission approve the company's requested tariff revisions with an effective date of August 1, 2026. Ms. Jennie Fuerst, staff attorney, recommended the Commission approve the company’s requests with an effective date of August 1, 2026.

            Commissioner Fiegen moved to approve the tariff revisions with an effective date of August 1, 2026. Motion carried 3-0.

6.         EL26-018       In the Matter of the Joint Request for Approval of a Consent and Agreement between NorthWestern Public Service Corporation dba NorthWestern Energy and Central Electric Cooperative, Inc. Regarding Electric Service Rights (Staff Analyst: Darren Kearney)

            Mr. Jeffrey Decker, NorthWestern Public Service Corporation dba NorthWestern Energy (NorthWestern) and Mr. Ryan Mueller, Central Electric Cooperative, Inc. (Central) requested the Commission approve the agreement between NorthWestern and Central. Mr. Darren Kearney, staff analyst, recommended the Commission approve the request. Mr. Decker and Mr. Mueller responded to Commissioners’ questions.

            Commissioner Hanson moved to approve the Consent and Agreement between NorthWestern Public Service Corporation dba NorthWestern Energy and Central Electric Cooperative, Inc. Motion carried 3-0.

7.         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)

            A lengthy discussion took place for docket EL25-032. An audio recording of the discussion can be found under the PUC website under Commission Actions, Commission Meeting Archives, 2026, July 14, 2026, Recording located at:
https://puc.sd.gov/commission/media/2026/puc07142026.mp3. All parties appeared through counsel and provided closing arguments in this matter. 

            Commissioner Fiegen moved to Deny Sweetman Const. Co. dba Knife River’s Petition to have Xcel Energy Assigned as its Electric Provider in the Service Area of Sioux Valley Electric. Motion carried 3-0.

           There being no further business, at the hour of 11:02 a.m., the South Dakota Public Utilities Commission meeting adjourned.

                                                                                                                                      
  /s/ Janeth A. Merriman                 .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
July 14, 2026