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Intervener withdraws from Black Hills Energy rate case after raising AI and accessibility concerns

South Dakota Public Utilities Commission · July 29, 2026
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Summary

John McKee withdrew as an intervener in the Black Hills Energy rate case, saying his participation highlighted accessibility and AI issues for public participation; Black Hills and staff did not object and the commission approved the withdrawal.

John McKee withdrew his formal intervention in EL26‑003, the Black Hills Power (doing business as Black Hills Energy) rate case, at the South Dakota Public Utilities Commission meeting on July 28. McKee used his final minutes as an intervener to press the commission on accessibility obligations and the implications of artificial‑intelligence tools for public participation.

"From the very beginning, my focus has always been on clarity and above all fairness to the general public," McKee said in the meeting record, adding that federal obligations under Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act require effective communication and reasonable modifications to allow meaningful participation. McKee said his objections with Black Hills had been resolved but that he planned to remain engaged with broader commission processes on accessibility and AI.

Doug Law, associate general counsel for Black Hills Power, told commissioners the company supported McKee’s motion to withdraw and thanked him for his cooperation. PUC staff (Amanda Reese) said staff had no objection. After brief commissioner questions and comments about confidentiality and AI use in regulatory settings, commissioners voted to grant McKee’s withdrawal and the motion carried unanimously.

McKee indicated he may continue his engagement with the regulatory process outside of this docket and urged the commission to include public participants when future AI‑policy work groups are convened.