PowerOn Midwest

The CON identifies the issues the proposed project is designed to solve (the need for the project) and reviews how the project benefits the state and region. The application must include the type of infrastructure proposed, size, general engineering information, estimated costs, system alternatives that were evaluated, and other state required information. PowerOn Midwest will submit a CON application to the MPUC in early 2026.

• Application filing and completeness review
• Intervention opportunity
• Environmental Report scoping public meetings
• Scoping decision
• Environmental Report
• MPUC public hearings for the CON
• MPUC CON decision

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Step 1: Application filing and completeness review

The MPUC reviews the application for completeness and invites public comment. Once deemed complete, the case is typically assigned to an independent Administrative Law Judge, who presides over the review process.

Step 2: Intervention opportunity

Anyone can attend meetings and submit comments without formally intervening, i.e. becoming a “party” to the proceeding. Persons who want to become a party must submit a request to the Administrative Law Judge. Parties may present formal arguments, testimony, and cross examine witnesses - often with legal representation (although not required for individuals). Formal intervention is not required to submit comments on the application.

Step 3: Environmental Report scoping public meetings

The MPUC prepares an Environmental Report (ER) to evaluate human and environmental impacts related to a project. Public meetings are conducted to explain the process and gather comments on issues and alternatives that should be addressed in the Environmental Report. Written comments may also be submitted to the MPUC at this time and meeting notices are published locally.

Step 4: Scoping decision

Before the MPUC prepares the Environmental Report, it reviews all public input and publishes its Scoping Decision, which outlines the issues to be addressed in the Environmental Report.

Step 5: Environmental Report (ER)

The MPUC gathers information, then prepares and publishes the ER, which must be done before public hearings can take place.

Step 6: MPUC public hearings for the CON

The MPUC holds public hearings presided by an Administrative Law Judge. Notice is published in local newspapers and mailed to landowners and local governments prior to the start of the hearings. Anyone can present comments and express opinions concerning the utilities' proposal or alternatives and the ER. The Administrative Law Judge provides a report that summarizes the hearing record, including public comments, and makes recommendations to the MPUC.

Step 7: MPUC CON Decision

The MPUC makes the final decision about whether to issue a Certificate of Need. In making its decision, the MPUC considers all information in the record and deliberates at a formal MPUC meeting.

A Route Permit is also required from the MPUC prior to building a high-voltage transmission line. A Route Permit application identifies where a transmission line will be located. The Route Permit application also discusses both constraints and opportunities for the new infrastructure that minimizes the overall impact of the project.

• Application filing and completeness review
• MPUC Environmental Impact Statement (EIS) scoping public meetings
• Draft EIS
• MPUC public hearings
• Final EIS
• MPUC Route Permit decision

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Step 1: Application filing and completeness review

After a utility files a Route Permit application and it is accepted as complete, the regulatory review process begins.

Step 2: MPUC Environmental Impact Statement (EIS) scoping public meetings

For this project, the MPUC will develop an EIS to identify the potential impacts the transmission line may have in the area where it has been proposed. An EIS typically analyzes, among other things, potential impacts on land use, including agricultural operations, residences, water resources, and other natural resources.

The MPUC will hold public meetings to present information about the project, answer questions from the public, and take comments on the issues that the EIS should address.

In Minnesota, the public may suggest alternate routes for the MPUC to consider in its review and those routes may be considered alongside the route proposed by the utilities. The route options must be specific, including starting and ending points, and may vary in length from a minor shift to many miles. The MPUC will provide information on how to suggest alternate routes and will determine which alternatives should be studied in the EIS.

The MPUC then publishes a scoping decision outlining what the EIS will address and what route alternatives will be included in their review.

Step 3: Draft EIS

The Draft EIS will be made available for review and comment by all stakeholders and the general public.

Step 4: MPUC public hearings

Once the Draft EIS is published, the Administrative Law Judge conducts public hearings, which are designed to receive comments on the routes under review, and how potential impacts of the project could be addressed. The Administrative Law Judge prepares a report summarizing the hearings and makes routing and condition recommendations to the MPUC.

Step 5: Final EIS

The MPUC issues a Final EIS.

Step 6: MPUC Route Permit decision

The MPUC makes its final Route Permit decision at one of its formal meetings after reviewing all materials. A permit can only be issued after a CON is granted. The Route Permit is the only approval required to determine the route of the the transmission line. If the Route Permit is approved, utilities will work to obtain other required permits based on that route - like DNR stream crossing approvals.

In South Dakota, the primary approval is a Facility Permit that must be obtained before a transmission line can be built. The SD PUC reviews routing applications for high-voltage transmission lines, and if approved, issues an order granting a Facility Permit that authorizes construction and operation of the facility (transmission line).

• Public open house
• Facility Permit application
• Notice to landowners
• Public input hearing
• County Conditional Use Permits
• SD PUC decision

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Step 1: Public open house

Prior to filing the Facility Permit application, we will host public open houses to give landowners the opportunity to learn about the project and provide initial feedback. We'll notify landowners near the project study area when the open houses are scheduled.

Step 2: Facility Permit application

We anticipate submitting a Facility Permit application in 2026. The SD PUC will review the application and may deny, return or amend the application. If the application is denied or returned, changes can be made to the application and resubmitted.

Step 3: Notice to landowners

Within 30 days after the application has been filed, landowners located within one-half mile of the proposed site will be notified by certified mail about the project including the date, time and location of a public input hearing.

Step 4: Public input hearing

The SD PUC will schedule a public input hearing within 30 days after the application is submitted. The SD PUC will publish the hearing date, time, and location three times in at least one newspaper in each county where the project may be located.

Step 5: Conditional Use Permits

We will apply for a Conditional Use Permit (CUP) in each county where the transmission line may be located. A CUP from each county must be obtained before the transmission line can be constructed.

Step 6: SD PUC decision

The SD PUC will issue its decision on the Facility Permit within 12 months of the application filing.

All high-voltage transmission proposals like PowerOn Midwest - South Dakota must receive county level approvals in addition to the state regulatory review process overseen by the South Dakota Public Utilities Commission (SD PUC).

The project will apply for a Conditional Use Permit (CUP) in each county where the transmission line may be located. A CUP from each county's Board of Adjustment (Board) must be obtained before the transmission line can be constructed.

Some additional permits and approvals may include:

• Road use agreements from the County and affected townships
• Right-of-way (ROW) occupancy approvals
• Haul road/oversized load permits
• Building permits
• Floodplain development permit

Depending on the county, the Board of Adjustment, Board, or Planning Commission will receive the application, and then within 30 days host a public hearing to present findings on the matter. The Planning and Zoning offices will assist with the decision.

The process to obtain a CUP generally takes approximately three months. A CUP expires after one year, though extensions can be requested.