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South Dakota Public Utilities Commission Meeting
Wednesday, May 10, 2000; 3:00 P.M.
State Capitol Building, Room 412
Pierre, South Dakota

MINUTES OF THE AD HOC MEETING

Chairman Jim Burg called the meeting to order. Present were Commissioner Pam Nelson; Commissioner Laska Schoenfelder; Commission Advisor Greg Rislov; Commission Counsel Rolayne Ailts Wiest; Deputy Executive Director Sue Cichos; Staff Attorney Camron Hoseck; Utility Analysts Harlan Best, Heather Forney, and Michele Farris; Director of Transportation/ Warehouse Bob Knadle; and Administrative Secretary Mary Giddings.

Also present were John Nooney and Kyle White, Black Hills Corporation.

Electric

1. EL00-010 IN THE MATTER OF THE APPLICATION OF BLACK HILLS CORPORATION FOR AUTHORITY TO ISSUE COMMON STOCK AND PREFERRED STOCK. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

John Nooney, representing Black Hills Corporation (BHC), explained the application and responded to Ms. Wiest's questions on confidentiality and stock issuances. Mr. Hoseck recommended approval with two conditions: 1) that the issuance of an Order by the Commission authorizing the securities transactions is a securities authorization only and does not constitute the Commission's determination of any utility ratemaking issues whatsoever, which issues are expressly reserved for decision until they are presented to the Commission in appropriate proceedings; and 2) that the issuance of securities by BHC pursuant to this Order is not construed to mean that the Commission is in any way prohibited at some future date from finding BHC's capital structure in need of adjustment. Ms. Wiest recommended that the written order be extended for five days.

Motion by Chairman Burg to approve the stock issuance subject to conditions 1 and 2 above. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion carried 3-0.

Motion by Chaiman Burg to extend the 30-day written order for five days. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion carried 3-0.

2. EL00-011 IN THE MATTER OF THE APPLICATION OF BLACK HILLS CORPORATION TO AUTHORIZE GERALD R. FORSYTHE TO ACQUIRE CONTROL, DIRECTLY OR INDIRECTLY, OF MORE THAN 10% OF THE TOTAL CAPITAL STOCK OF BLACK HILLS CORPORATION. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

John Nooney and Kyle White, representing Black Hills Corporation, explained the application. Ms. Weist requested that only confidential material be so labeled. Mr. Nooney agreed and enumerated the confidential paragraphs. Mr. Nooney and Mr. White responded to questions from the Commissioners, Mr. Rislov and Staff. Mr. Hoseck recommended approval of the application.

Chairman Burg moved to approve the application. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion carried 3-0.

Mary R. Giddings
Administrative Secretary