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South Dakota Public Utilities Commission Meeting
May 9, 2023, at 9:30 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 Monday, May 8, 2023, 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 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 COMMISSION MEETING
Administration
1. Approval of the Minutes of the Commission Meetings Held on April 13 and April 27, 2023 (Deputy Executive Director: Leah Mohr)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Grain Warehouse
1. GW23-001 In the Matter of PUC Staff’s Complaint Against Banghart Properties, LLC, Gettysburg, South Dakota (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorney: Amanda Reiss)
On January 30, 2023, Commission staff filed a Complaint against Banghart Properties, LLC, Gettysburg, South Dakota (Banghart), alleging Banghart operated as a grain buyer without a license in both license years, 2022 and 2023, among other allegations. On February 17, 2023, Banghart filed an Answer to the Complaint. On April 4, 2023, Banghart filed a Motion for Expedited Order Granting Class A Grain Buyer License. On April 5, 2023, staff filed a letter of denial of the Grain Buyer/Grain Warehouse Application. On April 17, 2023, the Commission issued an Order for and Notice of Evidentiary Hearing on Less than 10 Days’ Notice. On April 27, 2023, the Commission held an evidentiary hearing on this matter.
TODAY, shall the Commission issue a Final Decision and Order as to whether Banghart violated state law by purchasing grain without a license? AND did Banghart violate state law by failing to pay a producer within the 30 days required by state law? AND was there good cause for staff to deny a license? AND shall the Commission issue a grain buyer license to Banghart? OR how shall the Commission proceed?*
*The commission will take closing arguments on the Class A license application. The parties will set a schedule for presenting briefings on the alleged Class B-license violations.
Items for Commission Discussion
Public Comment
Individuals who wish to make public comments to the commission may do so during this time. All who offer public comments are requested to sign in at the commission meeting or let the commission know of their wish to speak when they call in to reserve a phone line. Time limits for comments may be determined at the discretion of the commission.
Announcements
1. Commissioners will attend the Missouri River Energy Services Annual Meeting, May 10-11, 2023, at the Sioux Falls Convention Center, Sioux Falls, South Dakota.
2. The next regular commission meeting will be Tuesday, May 23, 2023, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. The PUC office will be closed Monday, May 29, 2023, in observance of Memorial Day.
4. Commission meetings are scheduled for June 6 and 20, 2023.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
May 2, 2023
