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South Dakota Public Utilities Commission Meeting
April 7, 2021, at 2:00 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE AD HOC COMMISSION MEETING

         Commissioner Chris Nelson called the meeting to order. Present were Commission Attorneys: Adam de Hueck and Karen Cremer; Staff Attorney: Amanda Reiss; Grain Warehouse Program Manager: Cody Chambliss; Grain Warehouse Inspector: Paul Kenefick-Aschoff. Staff: Kaitlyn Baucom; Jeremey Frost, self; Robert Konrad, Konrad Law, Prof. L.L.C. representing Fearless Grain Marketing, LLC; Tim Luken, Oahe Grain Corporation; Kathy Zander, South Dakota Grain and Feed Association; Brenda Forman, South Dakota Association of Cooperatives; E. Eller, self, and Bob Mercer, Keloland News.

         Joining the meeting by telephone were Commissioners: Kristie Fiegen and Gary Hanson; Commission Advisor: Greg Rislov; Staff Attorney: Kristen Edwards; and Grain Warehouse Inspector: Sarah McIntosh.

Grain Warehouse

1.      GW21-001      In the Matter of the PUC Staff’s Complaint Against Fearless Grain Marketing, LLC and Jeremey Frost (Grain Warehouse Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)
         A lengthy discussion took place for docket GW21-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, April 7, 2021, recording located at: https://puc.sd.gov/commission/media/2021/puc04072021.mp3.

         Commissioner Nelson moved to authorize Commission staff to seek an injunction in circuit court to prohibit grain buying activities for Fearless Grain Marketing, LLC and Jeremey Frost and order no grain buying activities take place in the interim. Motion carried 3-0.

Public Comments:

Mr. Tim Luken, Oahe Grain Corporation; Ms. Kathy Zander, South Dakota Grain and Feed Association; and Ms. Brenda Forman, South Dakota Association of Cooperatives, made public comments regarding grain broker legislation.

There being no further business, at the hour of 2:30 p.m. the South Dakota Public Utilities Commission meeting adjourned.      

/s/Macy Jo Murren            .
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
April 7, 2021