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South Dakota Public Utilities Commission Meeting
Friday, July 6, 2001; 11:00 A.M.
State Capitol Building, Room 412
Pierre, South Dakota
NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605- 773-3201 by 5:00 p.m. on July 5, 2001.
NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.
AGENDA OF THE AD HOC MEETING
1. GD01-001 IN THE MATTER OF THE GRAIN DEALER'S AND PUBLIC WAREHOUSE LICENSES OF FREEMAN FERTILIZER CO., INC. DBA MCCOOK FEED AND FERTILIZER. (Transportation/Warehouse Director: Bob Knadle. Staff Attorney: Kelly Frazier.)
On March 8, 2001, the Commission filed with the McCook County Clerk of Courts a Petition To Appoint South Dakota Public Utilities Commission As Receiver. On March 27, 2001, a hearing was held by the Circuit Court, the Petition was granted by Judge Boyd L. McMurchie and an Order Appointing Receiver was filed with the Clerk of Courts for McCook County. Subsequently the Commission filed a Motion to Liquidate Grain Inventory. On April 24, 2001, a hearing was conducted and the Court granted the Commission's Motion. On May 3, 2001, the Commission conducted a hearing at Canistota, South Dakota, for the purposes of receiving evidence regarding the disposition of the grain inventory and the bond proceeds. Pursuant to the Order Authorizing Liquidation of Grain Inventory signed May 8, 2001, the Commission sent notice to licensed grain dealers in the state and published notice in the Freeman, Canistota, Salem and Sioux Falls newspapers of its intent to solicit bids for the inventory of McCook Feed and Fertilizer. The bidding process was conducted on May 22, 2001, and on that same day the Commission accepted bids for the liquidation of the inventory of McCook Feed and Fertilizer. On June 8, 2001, Staff filed a Motion to Reopen for Further Evidence for the purpose of receiving into evidence affidavits from claimants regarding their contracts with McCook Feed and Fertilizer. On June 20, 2001, Home Federal Savings Bank filed a Motion to Reopen for Further Evidence for the purpose of receiving into evidence the Affidavit of Richard Shane. On June 14, 2001, the Commission received a request from Dakota Valley Grain LLC to settle for $1500 due to a shortage in the Soy Bean inventory when the contract was entered into on May 22, 2001. Action was deferred on these issues at the June 26, 2001, Ad Hoc Meeting.
TODAY, shall the Commission grant the Motions to Reopen for Further Evidence? ALSO, how shall the Commission act on Dakota Valley Grain's request regarding the shortage of Soy Bean inventory? AND, how shall the Commission proceed in this matter?
Sue Cichos, Deputy Executive Director
June 27, 2001