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Refer to Docket 25CIV18-000070 & Supreme Court #28833

Service List

Agendas:
February 8, 2018, Agenda of Commission Meeting
April 3, 2018, Agenda of Commission Meeting
May 15, 2018, Agenda of Commission Meeting
May 21, 2018, Agenda of Ad Hoc Commission Meeting
July 10, 2018, Agenda of Ad Hoc Commission Meeting
February 3, 2020, Agenda of Commission Meeting
March 6, 2020, Agenda of Commission Meeting
July 29, 2020, Agenda of Ad Hoc Commission Meeting
August 18, 2020, Agenda of Commission Meeting
April 28, 2022, Agenda of Commission Meeting

Minutes:
Minutes of February 8, 2018, Commission Meeting
Minutes of April 3, 2018, Commission Meeting
   Contact Precision Reporting to order a written transcript of the EL18-003 discussion.
Minutes of May 15, 2018, Commission Meeting
Minutes of May 21, 2018, Ad Hoc Commission Meeting
   Contact Precision Reporting to order a written transcript of EL18-003 discussion.
Minutes of July 10, 2018, Ad Hoc Commission Meeting
   Contact Precision Reporting to order a written transcript of EL18-003 discussion for the Ad Hoc Commission Meeting 7/10/18.
Minutes of February 3, 2020 Commission Meeting
Minutes of March 6, 2020 Commission Meeting
Minutes of February 3, 2020 Commission Meeting
Minutes of July 29, 2020, Ad Hoc Commission Meeting
Minutes of August 18, 2020, Commission Meeting
Minutes of the April 28, 2022 Commission Meeting

Party Status Applications

Click For Comments and Responses

Pre-filed Testimonies and Exhibits, Rebuttal Testimonies and Exhibits and Surrebuttal Testimony and Exhibit

Pre-filed Exhibits for Evidentiary Hearing

Hearing:
Public input hearing on the Application on March 21, 2018, at 5:30 p.m., CDT, at Waverly-South Shore School Gymnasium, 319 Mary Place, Waverly, S.D.

• Notice of Application; Order for and Notice of Public Input Hearing; Notice of Opportunity to Apply for Party Status
• Party Status Application
• Energy Conversion & Electric Transmission Facilities Siting Info Guide
• Sign In Sheets
• Recording
• Dakota Range I, LLC and Dakota Range II, LLC's Presentation
• Contact Precision Reporting to order a written transcript of the EL18-003 discussion.
• Kelly Owen's Comments
  • Kelly Owen's Comments (not available to the public)
• Richard Pike's Comments
  • Richard Pike's Comments (not available to the public)
• Corey Amdahl's Comments
  • Corey Amdahl's Comments (not available to the public)
• Carol Miller's Comments
  • Carol Miller's Comments (not available to the public)
• Alexis Hanson's Comments
  • Alexis Hanson's Comments (not available to the public)
• Dylan Lau's Comments
  • Dylan Lau's Comments (not available to the public)
• Les Gooch's Comments
  • Les Gooch's Comments (not available to the public)
• Alice Moyer's Comments
  • Alice Moyer's Comments (not available to the public)
• Sean Coyle's Comments
  • Sean Coyle's Comments (not available to the public)
• Kristi Mogen's Comments
  • Kristi Mogen's Comments (not available to the public)
• Wade Falk's Comments
  • Wade Falk's Comments (not available to the public)
• Jeff Haverly, Governor's Office of Economic Development's Comments
• Steve Schaefer's Comments
  • Steve Schaefer's Comments (not available to the public)
• Leonard Stengel's Comments
  • Leonard Stengel's Comments (not available to the public)
• Linda Lindgren's Comments
  • Linda Lindgren's Comments (not available to the public)
• Jim Newcomb, SummitWind, LLC's Comments
• Wayne Soren, South Dakota Farmers Union's Comments
  • Wayne Soren, South Dakota Farmers Union's Comments (not available to the public)
• Vince Meyer's Comments
  • Vince Meyer's Comments (not available to the public)
• Kathy Tyler's Comments
  • Kathy Tyler's Comments (not available to the public)
• Matt O'Farrell's Comments
  • Matt O'Farrell's Comments (not available to the public)
• Gregg Hubner's Comments
• Marsha Hubner's Comments
• Ruby Holborn's Comments
  • Ruby Holborn's Comments (not available to the public)
• George L. Holborn's Comments
  • George L. Holborn's Comments (not available to the public)
• 03/29/18 - Comments of Beth Soholt, Wind on the Wires
  • Attachment

Evidentiary Hearing
A hearing will be held beginning at 1:30 p.m., CDT, Tuesday, June 12, 2018, through Friday, June 15, 2018, with the marking of exhibits to begin at 1:00 p.m., CDT, on June 12, 2018, in Room 413 of the Capitol Building, 500 E. Capitol Ave., Pierre, South Dakota

• 05/15/18 - Order for and Notice of Evidentiary Hearing
• Recordings
  • June 12, 2018
    • Afternoon Recording
  • June 13, 2018
    • Morning Recording
    • Afternoon Recording
  • June 14, 2018
  • Morning Recording
    • Confidential Recording
• Sign In Sheets
  • June 12, 2018
  • June 13, 2018
  • June 14, 2018
• Exhibits
• Contact Precision Reporting to order written transcripts.

Orders:

• 01/31/18 - Notice of Application; Order for and Notice of Public Input Hearing; Notice of Opportunity to Apply for Party Status
• 02/15/18 - Order Assessing Filing Fee; Authorizing Executive Director to Enter Into a Consulting Contract
• 04/06/18 - Order Granting Party Status and Establishing Procedural Schedule (Teresa Kaaz; Daniel D. Seurer; Vincent Meyer; Diane Redlin; Jared Krakow; Kevin Krakow; Matt Whitney; Timothy J. Lindgren; Linda M. Lindgren; Christian Reimche; Derek Nelson; Paul Nelson; Kelly Owen; Kristi Mogen; Wade Bauer; and Patricia Meyer)
• 05/15/18 - Order for and Notice of Evidentiary Hearing
• 05/16/18 - Order Granting Withdrawal of Party Status (Dan Seurer, Christian Reimche, Paul Nelson, and Derek Nelson)
• 05/16/18 - Order for and Notice of Motion Hearing on Less Than 10 Days' Notice
• 05/24/18 - Order Granting Motion to Exclude Portions of Exhibits
• 06/18/18 - Order Setting Post-Hearing Briefing Schedule and Decision Date
• 07/23/18 - Final Decision and Order Granting Permit to Construct Wind Energy Facility; Notice of Entry with Attachment A
• 03/09/20 - Order Granting Motion for Approval of Transfer of Permit
• 07/31/20 - Order Granting Request to Approve Public Liaison Officer
• 08/19/20 - Order Granting Exemption for Turbine Model Change
• 05/04/22 - Order Granting Extension for Compliance with Permit Condition 30

Filed Documents:

• 01/24/18 - Dakota Range's Letter regarding Application
  • Application
    • Appendix A - Figures
    • Appendix B - Agency Coordination
    • Appendix C - Dask/Posk Habitat Survey
    • Appendix D - 2016 Raptor Nest Survey
    • Appendix E - 2017 Raptor Nest Survey
    • Appendix F - Avian Use Survey
    • Appendix G - 2016 Grouse Lek Survey
    • Appendix H - 2017 Grouse Lek Survey
    • Appendix I - Sound Level Modeling Report
    • Appendix J - Shadow Flicker Modeling Report
    • Appendix K - County Conditional Use Permits
    • Appendix L - Property Value Effects Studies
    • Appendix M - Level I Cultural Resources Report Confidential (not available to the public)
    • Appendix N - Cultural Resources Monitoring and Management
      Plan Redacted
      • Appendix N - Cultural Resources Monitoring and Management
        Plan Confidential (not available to the public)
    • Appendix O - Architectural Survey Report Confidential (not available to the public)
    • Appendix P - Decommissioning Plan
  • Pre-filed Testimony of Mark Mauersberger on Behalf of Dakota Range I, LLC and Dakota Range II, LLC
    • Exhibit 1 - Mark Mauersberger's Curriculum Vitae
    • Exhibit 2 - Brenna Gunderson's Curriculum Vitae
  • Pre-filed Testimony of Robert O'Neal on Behalf of Dakota Range I, LLC and Dakota Range II, LLC
    • Exhibit 1 - Robert O'Neal's Curriculum Vitae
  • Pre-filed Testimony of David Phillips on Behalf of Dakota Range I, LLC and Dakota Range II, LLC
    • Exhibit 1 - David Phillips' Curriculum Vitae
    • Exhibit 2 - Ryan W. Henning's Curriculum Vitae
• 01/31/18 - Dakota Range's Certificate of Service for County Auditors
• 02/02/18 - PUC Staff's Letter to SD Newspaper Association regarding Notice of Public Hearing
  • Notice of Public Hearing
• 02/16/18 - PUC Staff's First Set of Data Requests to Dakota Range I, LLC and Dakota Range II, LLC Certificate of Service
• 02/22/18 - Dakota Range I, LLC and Dakota Range II, LLC's Letter regarding Proof of Mailing to Landowners
  • Proof of Mailing
    • Attachment A - Letter to Landowners; Public Input Hearing Notice; and Project Area Map
    • Attachment B - List of Landowners - Inside Project Area Confidential (not available to the public)
    • Attachment C - List of Landowners - Outside Project Area Confidential (not available to the public)
• 03/22/18 - PUC Staff's Watertown Public Opinion's Affidavit of Publication (February 21, and March 14, 2018)
• 03/22/18 - PUC Staff's South Shore Gazette's Affidavit of Publication (March 1, and March 15, 2018)
• 03/22/18 - PUC Staff's Grant County Review's Affidavit of Publication (Feb. 21, and March 14, 2018)
• 03/28/18 - PUC Staff's Motion for Adoption of Procedural Schedule
  • Certificate of Service
• 03/30/18 - Notice of Appearance (Lisa M. Agrimonti)
• 03/30/18 - Dakota Range I, LLC and Dakota Range II, LLC's Letter regarding Response to Applications for Party Status and Staff's Motion for Adoption of Procedural Schedule
  • Response to Applications for Party Status and Staff's Motion for Adoption of Procedural Schedule and Certificate of Service
• 04/03/18 - Teresa Kaaz's Email regarding Party Status Application
• 04/03/18 - Diane Redlin's Comments
  • Attachment - Applicants' Response to Applications for Party Status and Staff's Motion for Adoption of Procedural Schedule and Certificate of Service
• 04/06/18 - PUC Staff's Second Set of Data Requests to Dakota Range I, LLC and Dakota Range II, LLC Certificate of Service
• 04/06/18 - PUC Staff's Letter to Paige Olson - State Historic Preservation Office, Subpoena and Admission of Service
• 04/06/18 - PUC Staff's Letter to Thomas Kirschenmann - SD Department of Game, Fish and Parks, Subpoena and Admission of Service
• 04/06/18 - Dakota Range I, LLC and Dakota Range II, LLC's Pre-Filed Testimony and Exhibits
• 04/09/18 - PUC Staff's First Set of Data Requests to Intervenors Certificate of Service
• 04/09/18 - PUC Staff's Third Set of Data Requests to Dakota Range I, LLC and Dakota Range II, LLC Certificate of Service
• 04/11/18 - PUC Staff's Fourth Set of Data Requests to Dakota Range I, LLC and Dakota Range II, LLC Certificate of Service
• 04/12/18 - PUC Staff's Fifth Set of Data Requests to Dakota Range I, LLC and Dakota Range II, LLC Certificate of Service
• 04/12/18 - Admission of Service (Thomas Kirschenmann)
• 04/16/18 - PUC Staff's Sixth Set of Data Requests to Applicant Certificate of Service
• 04/19/18 - PUC Staff's Seventh Set of Data Requests to Applicant Certificate of Service
• 04/23/18 - Jared Krakow's Comments
• 04/24/18 - Admission of Service (Paige Olson)
• 04/27/18 - Wade Bauer's Comments
• 04/30/18 - Kevin Krakow Comments
• 05/02/18 - Dan Seurer's Email requesting Party Status Withdrawal
• 05/04/18 - Christian Reimche's Email requesting Party Status Withdrawal
• 05/04/18 - Staff's Pre-filed Testimonies and Exhibits
• 05/07/18 - Paul Nelson's Email requesting Party Status Withdrawal
• 05/10/18 - Derek Nelson's Email requesting Party Status Withdrawal
• 05/10/18 - Comments of Derek Nelson
• 05/15/18 - Applicants' Motion to Exclude Portions of Testimony and/or Exhibits of Intervenors Teresa Kaaz and Kristi Mogen and Request Regarding Hearing Participation
  • Certificate of Service
• 05/16/18 - Staff's Response to Applicants' Motion and Motion for Judicial Notice
  • Certificate of Service
• 05/24/18 - PUC Staff's Eighth Set of Data Requests to Applicant Certificate of Service
• 06/07/18 & 06/08/18 - Applicants' Witness and Exhibit List and Pre-Filed Exhibits
• 06/08/18 - Prefiled Surrebuttal Testimony of David Lawrence and Exhibit
• 06/08/18 - Staff's Witness and Exhibit List and Pre-Filed Exhibits
• 06/08/18 - Kristi Mogen's Pre-Filed Exhibits
• 06/11/18 - Intervenor Teresa Kaaz's Witness List & Exhibit List
• 06/11/18 - Staff's Motion to Compel Discovery
  • Attachment 1 - Applicant’s Responses to Staff’s Eighth Set of Data Requests
  • Certificate of Service
• 06/12/18 - Applicants' Exhibit A19
• 06/13/18 - Applicants' Exhibit A18
• 06/13/18 - Applicants' Exhibit A20
• 06/14/18 - Applicants' Exhibit A21 through A27
• 06/14/18 - Staff's Exhibit S7
• 06/21/18 - Xcel Energy's Letter regarding Ownership of Dakota Range Wind Farm
• 07/02/18 - Dakota Range I, LLC and Dakota Range II, LLC's Letter regarding Post-Hearing Brief and Conditions and Proposed Findings of Fact
  • Dakota Range I, LLC and Dakota Range II, LLC's Post-Hearing Brief
    • Dakota Range I, LLC and Dakota Range II, LLC's Post-Hearing Brief Confidential (not available to the public)
  • Dakota Range I, LLC and Dakota Range II, LLC's Proposed Findings of Fact, Conclusions of Law and Order
  • Applicants' Recommended Permit Conditions¹
    • Dakota Range I, LLC and Dakota Range II, LLC's Recommended Condition 40 and Proposed Findings of Fact 65 Confidential (not available to the public)
  • Certificate of Service for Confidential Documents
  • Certificate of Service for Public Documents
• 07/02/18 - Staff's Additional Recommended Conditions
  • Certificate of Service
• 07/02/18 - Staff's Post-Hearing Brief
  • Staff's Post-Hearing Brief Confidential (not available to the public)
  • Certificate of Service for Confidential Documents
  • Certificate of Service for Public Documents
• 07/02/18 - Kristi Mogen Post-Hearing Brief Requesting Denial of the Permit Application
• 07/05/18 - Teresa Kaaz Post-Hearing Brief Requesting Denial of the Permit Application
• 07/05/18 - Staff's Objection to Confidential Treatment
  • Staff's Objection to Confidential Treatment Confidential (not available to the public)
    • Certificate of Service
• 07/06/18 - Dakota Range I, LLC and Dakota Range II, LLC's Letter regarding Applicants' Response to Staff's Objection to Confidential Treatment
  • Applicants’ Response to Staff’s Objection to Confidential Treatment
    • Applicants’ Recommended Permit Condition 40 and Proposed Finding of Fact 65
      • Certificate of Service
• 07/10/18 - Comments of Wade Bauer
• 07/10/18 - Amendments Proposed by Commissioner Nelson to Applicants’ Recommended Permit Conditions
• 07/19/18 - Dakota Range I, LLC and Dakota Range II, LLC's Affidavits of Publication (Watertown Public Opinion, Grant County Review and South Shore Gazette)
• 08/17/18 - Dakota Range I, LLC and Dakota Range II, LLC's Letter regarding Paragraph 22 of the Permit Conditions
  • Affidavit of Brenna Gunderson Providing Notice of Turbine Adjustments Up to
    250 Feet
  • Exhibit A - Maps of Turbine Adjustments
    • Exhibit A - Maps of Turbine Adjustments Confidential (not available to the public)
  • Exhibit B - Summary of Turbine Adjustment Requirement Compliance
  • Exhibit C - Updated Sound Level Analysis Results
  • Exhibit D - Updated Shadow Flicker Analysis Results
  • Certificate of Service
• 08/17/18 - Dakota Range I, LLC and Dakota Range II, LLC's Letter regarding Paragraph 22 of the Permit Conditions
  • Affidavit of Brenna Gunderson in Support of Request for Approval of Turbine Adjustments
  • Exhibit A - Maps of Turbine Adjustments
    • Exhibit A - Maps of Turbine Adjustments Confidential (not available to the public)
  • Exhibit B - Summary of Turbine Adjustment Requirement Compliance
  • Exhibit C - Updated Sound Level Analysis Results
  • Exhibit D - Updated Shadow Flicker Analysis Results
  • Certificate of Service
• 08/24/18 - Kristi Mogen's Email regarding Turbine Shifts and Receptor Numbers
• 08/27/18 - PUC Staff's Letter regarding Turbine Shifts
• 11/30/18 - Dakota Range I, LLC and Dakota Range II, LLC's Letter regarding Paragraph 22 of the Permit Conditions
  • Affidavit of Brenna Gunderson Providing Notice of Turbine Adjustments Up to 250 Feet
    • Exhibit A – Maps of Turbine Adjustment
      • Exhibit A - Maps of Turbine Adjustments Confidential (not available to the public)
    • Exhibit B – Summary of Turbine Adjustment Requirement Compliance
    • Exhibit C – Updated Sound Level Analysis Results
    • Exhibit D – Updated Shadow Flicker Analysis Results
    • Certificate of Service
• 03/11/19 - Docket Closed
• 01/06/20 - Xcel Energy's Letter regarding Motion for Approval of Transfer of Permit
  • Motion for Approval of Transfer of Permit
  • Exhibit A - Affidavit of Christopher B. Clark
• 02/19/20 - Xcel Energy's Letter regarding Membership Interest Agreements
  • Attachment A - Assignment and Assumption of Membership Interest in Dakota Range I, LLC
  • Attachment B - Assignment and Assumption of Membership Interest in Dakota Range II, LLC
• 07/02/20 - Xcel Energy's Letter regarding Condition 29
  • Attachment A - Current Pre-Construction Design, Layout, and Plans
  • Attachment B - Sound Level Analysis
  • Attachment C – Shadow Flicker Analysis
• 07/08/20 - Xcel Energy's Letter regarding Condition 13 – Cultural Resources Report
  • Attachment A – Pre-Construction Filing – Cultural Resources Report
    • Attachment A – Pre-Construction Filing – Cultural Resources Report Confidential (not available to the public)
• 07/08/20 - Xcel Energy's Letter regarding Condition 36 – Public Liaison Officer
  • Attachment A – David Lau Resume
• 07/09/20 - Xcel Energy's Request to Withdraw July 8, 2020, filing regarding Public Liaison Officer
• 07/22/20 - Xcel Energy's Letter regarding Condition 36 - Public Liaison Officer
• Eric Munz Profile
• 07/23/20 - Xcel Energy's Letter regarding Condition 35
• Attachment A - Bird and Bat Conservation Strategy
• 07/31/20 - Xcel Energy's Letter regarding Condition 1 - Permits Obtained
  • Attachment A – FAA Determinations of No Hazard
  • Attachment B – FAA Determinations of No Hazard
  • Attachment C – South Dakota General Permit for Stormwater Discharges
  • Attachment D – South Dakota Contractor Authorization Form Approval
  • Attachment E – EPA Authorization to Discharge under the Construction Stormwater General Permit
  • Attachment F – Temporary Water Use Permit
  • Attachment G – Codington County Individual Building Permit - Tower 57
  • Attachment H – Codington County Country Road Permits
  • Attachment I - Codington County Country Road Use Agreement
    • Attachment I - Codington County Country Road Use Agreement Confidential (not available to the public)
  • Attachment J – Grant County Individual Building Permits
  • Attachment K – Grant County Country Road Permits
  • Attachment L – Grant County Road Use Agreements
• 07/31/20 - Xcel Energy's Letter regarding Condition 14 - Stormwater Pollution Prevention Plan
  • Attachment A - Stormwater Pollution Prevention Plan
• 07/31/20 - Xcel Energy's Letter regarding Condition 22 - Material Change
  • Attachment A - Affidavit of Darin Schottler
  • Attachment B - Updated Project Map Reflecting Approved Locations and Proposed Adjustments for the Eight Turbines
  • Attachment C - Updated Sound Analysis Report Reflecting Eight Proposed Turbine Changes
  • Attachment D - Updated Shadow Flicker Report Reflecting Eight Proposed Turbine Changes
• 07/31/20 - Xcel Energy's Letter regarding Condition 29 - Pre-Construction Design, Layout, and Plans
  • Attachment A - Updated Project Map
  • Attachment B - Updated Sound Analysis
  • Attachment C - Updated Shadow Flicker Analysis
• 08/04/20 - Xcel Energy's Letter regarding Condition 4 - Landowner Mailing
  • Attachment A - Landowner Mailing
• 08/07/20 – PUC Staff’s Letter Requesting Further Review of Material Change Request
• 08/13/20 - Xcel Energy's Letter regarding Response to Staff
  • Attachment A - Change in Sound Table
  • Attachment B - Change in Shadow Flicker
  • Attachment C - Updated Maps
• 08/13/20 - Xcel Energy's Letter regarding Condition 29 - Revised Shadow Flicker and Sound Analyses
  • Attachment A - Shadow Flicker Assessment
  • Attachment B - Acoustic Assessment
• 08/14/20 - Xcel Energy's Letter regarding Supplemental Information
  • Attachment A - Project-Only Sound Levels
• 11/12/20 - Xcel Energy's Letter regarding Condition No. 1 - Permits
  • Attachment 1 - Codington County Road Use Agreement
• 12/16/20 - Xcel Energy's Letter regarding Condition No. 22 - Turbine Adjustments
  • Attachment A - Affidavit of Darin Schottler
  • Attachment B - Map
• 01/29/21 - Xcel Energy's Letter regarding Condition No. 22 - Turbine Adjustments
  • Affidavit of Darin W. Schottler
  • Attachment A – Maps of Turbine Adjustment
  • Attachment B – Summary of Turbine Adjustment Requirement Compliance
  • Attachment C – Updated Sound Level Analysis
  • Attachment D – Updated Shadow Flicker Analysis Results
• 11/10/21 - Xcel Energy's Letter regarding Condition No. 1 - Permits
  • Attachment A - Affidavit of Darin W. Schottler regarding Federal Aviation Administration’s Determinations of No Hazard
  • Attachment B – Federal Communications Commission Aircraft Detection Lighting System (ADLS) License
  • Attachment C – Water Use Permit
  • Attachment D – Conditional Use Permit ADLS Acceptance Letter
  • Attachment E – Department of Transportation Road Use Permit
• 01/04/22 - Xcel Energy's Letter regarding Condition No. 32
  • Attachment A - Emergency Action Plan
• 04/01/22 - Xcel Energy's Letter regarding Condition No. 30 - Summary Report
  • Attachment A – Civil Construction Plans
  • Attachment B – Dakota Range Restoration Tracking List
  • Attachment C – Complaint Report to the South Dakota Public Utilities Commission
    • Attachment C – Complaint Report to the South Dakota Public Utilities Commission Confidential (not available to the public)
  • Certificate of Service
• 04/19/22 - Xcel Energy's Letter regarding Condition No. 30 - Extension Request
  • Certificate of Service
• 04/27/22 - Xcel Energy's Letter regarding Condition No. 30 - Summary Report - Supplement
  • Supplemental Attachment A - As-built Drawings
  • Certificate of Service
• 04/29/22 - Commissioner Fiegen's Request for Turbine Setback Distances at the April 28, 2022, Commission Meeting
• 05/04/22 - Xcel Energy's Follow-up Letter of the April 28, 2022, Commission Meeting
  • Certificate of Service
• 07/01/22 - Xcel Energy's Letter regarding Condition No. 8 - Road Repair
  • Certificate of Service
• 06/20/23 - Xcel Energy's Letter regarding Condition No. 8 - Road Repair
  • Certificate of Service
• 11/28/23 - Xcel Energy's Letter regarding Condition No. 8 - Road Repair
  • Certificate of Service
• 05/01/24 - Xcel Energy's Letter regarding Condition No. 34 - Avian Mortality Report
  • Attachment A - Post-Construction Bird and Bat Fatality Monitoring Study, March - December 2022
  • Attachment B - Post-Construction Bird and Bat Fatality Monitoring Study, April - December 2023
  • Certificate of Service
• 05/01/24 - Docket Closed