South Dakota Public Utilities Commission Meeting
July 10, 2009, at 9:30 A.M.
DDN Room 414, Capitol Building
Pierre, South Dakota
DDN Room 282, University Center South
Southeast Technical Institute
Sioux Falls, South Dakota
MINUTES OF THE AD-HOC COMMISSION MEETING
Vice Chairman Steve Kolbeck called the meeting to order. Present were: Staff Attorney Kara Semmler; Grain Warehouse Director James Mehlhaff; Staff Analyst Stacy Splittstoesser and Ryan Riedy; and Administrative Secretary Demaris Axthelm.
Also present at DDN Room 282, University Center South Southeast Technical Institute Sioux Falls, South Dakota were: Vice Chairman Steve Kolbeck; Commissioner Gary Hanson and Commission Attorney John Smith.
Joining the meeting by telephone were: Chairman Dusty Johnson; Richard Helsper and JoAnn Steffensen of H & I Grain.
Mr. Jim Mehlhaff explained that changes in the 2008 legislative session and the related rule changes were not fully understood by the Operators of H&I Grain Company (H&I). As a result H&I submitted compiled financial statements as part of their application for a class A grain buyer license for the 2009-2010 licensing period. Because they did not meet the requirements to be issued a class A license, they were issued a class B license and advised of the limitations that came with the lower license. They requested that they be allowed to continue operating as a class A grain buyer and be granted a 30 day extension to comply with the requirements of a class A grain buyer. Mr. Mehlhaff recommended approval of H&I's request. Richard Helspar counsel for H&I stated that they had engaged the accounting firm of Carlon & Miller to prepare the reviewed financial statements and that they would be able to submit the reviewed statements before July 31st. Joann Stephenson representing H&I confirmed that they would be able to submit reviewed financial statements before July 31.
Vice Chairman Kolbeck moved to approve the request for waiver and extension from July 1, 2009 through July 31, 2009. Motion passed 3-0.
Commissioner Kolbeck asked staff if the motion accomplished what was needed in this case. Kara Semmler suggested that the order also contain language to allow H&I to continue operating as a class A grain buyer during this extension period.
Vice Chairman Kolbeck amended the motion to include that H & I Grain retain its Class A status and H & I Grain to submit financial statements conforming to ARSD 20:10:12:14 prior to July 31. Motion passed 3-0.
There being no further business, at the hour of 9:45 A.M. the South Dakota Public Utilities Commission Meeting adjourned. Next Commission meeting is scheduled for July 14, 2009.
October 6, 2009