PIERRE, S.D. (MITCHELLNOW) If there’s a disqualification or vacancy on the Public Utilities Commission, the governor would have another pool of people to choose from to replace them.
That’s under a bill passed by a House committee.
The House State Affairs Committee passed SB177 on an 8 to 5 vote.
The bill would add state circuit court judges and Supreme Court justices–likely retired ones–to the “bench” the governor could select from if a PUC commissioner is conflicted out or there is a vacancy.
Current law allows the governor to appoint the secretary of state, the state treasurer, the state auditor, or the commissioner of school and public lands–but not the attorney general–to fill a vacancy. All are elected statewide.
Supporters said it gives the governor additional options to appoint another group of well-qualified people to the commission in the rare occurrence it is needed. They also argued that taking a state constitutional officer away from their duties for an extended docket–perhaps months or even over a year–interferes with their elected jobs.
Opponents said there is no need for a change. They argue that appointing a statewide official is more in keeping with having elected members on the commission instead of appointed justices or judges. They also said it would add to the expense of proceedings, and the PUC currently has no funding to pay the salary or per diem for judges or justices who would be appointed.
In 2022, PUC Commissioner Kristie Fiegen withdrew from consideration of the carbon pipeline matters pending before the commission. She said she had a conflict of interest since the pipelines would cross her husband’s family’s land.
Gov. Kristi Noem appointed State Treasurer Josh Haeder to fill in for Fiegen.
Republican PUC Commissioner Gary Hanson spoke against the bill. He said he only knew of three times in the past 13 years when a PUC commissioner needed to be replaced because of a vacancy or conflict.
SB177 now heads to the House for further consideration. It has already passed the Senate.