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South Dakota Public Utilities Special Ad Hoc Commission Meeting
July 9, 2021, at 8:00 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

NOTE:  Docket participants who wish to join this meeting by conference call should contact the Commission at 605-773-3201 by 5:00 p.m. CDT on Thursday, July 8, 2021, to reserve a phone line. Lines are limited and assigned on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in docket discussion at the Commission Meeting and a line is not available, you may have to appear in person. 

NOTE: To listen to the Commission Meeting live please go to the PUC’s website www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests persons who will only be listening to proceedings and not actively appearing in a case listen via the webcast to free phone lines for those who have to appear. The Commission meetings are archived on the PUC’s website under the Commission Actions tab. Click on “Commission Meeting Archives,” to access the recordings.

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 SPECIAL
 AD HOC COMMISSION MEETING

Grain Warehouse

1.      GW21-002      In the Matter of Farmers Cooperative Elevator, Avon, South Dakota (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)

         On July 7, 2021, Commission staff filed a Petition requesting the Commission immediately take action pursuant to SDCL 49-43-5.6 and 49-45-16 and seek receivership of Farmers Cooperative Elevator (FCE). Staff filed the Petition after becoming aware that FCE was unable to obtain a bond and was thus unable to obtain licenses beginning July 1, 2021, and FCE’s Grain Warehouse and Grain Buyer licenses for FY 2021 terminated on June 30, 2021. Upon receiving this information, staff conducted a full inspection of FCE which indicated that without immediate Commission intervention in the form of seeking receivership of the facility, FCE would likely be unable to pay the full amount owed to producers due to how quickly FCE is losing money. In its Petition, staff states that staff has worked with FCE and its bank since early 2019 and is no longer able work toward financial stability due to FCE’s inability to obtain current licenses.

         TODAY, shall the Commission grant staff’s Petition and immediately apply to Circuit Court to take receivership of Farmers Cooperative Elevator? OR, how shall the Commission proceed?

Public Comment

Individuals who wish to make public comments to the commission may do so in person during this time. All who offer public comment are requested to sign in at the commission meeting. Time limits for comments may be determined at the discretion of the chairman.

/s/Cindy Kemnitz             .

Cindy Kemnitz
Finance Manager
puc@state.sd.us
July 7, 2021