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Minn-Kota Ag Products, Inc. v. N.D. Public Service Commission, et al.

Docket No. 20190127
Oral Argument: Wednesday, October 30, 2019 10:00 AM

Docket Info

Title
Minn-Kota Ag Products, Inc., Appellant
v.
North Dakota Public Service Commission,
Dakota Valley Electric Cooperative, Inc.,
and Otter Tail Power Company, Appellees
Case Type
CIVIL APPEAL : ADMINISTRATIVE PROCEEDING
Appeal From
Case No. 2018-CV-01142
South Central Judicial District, Burleigh County
David E. Reich

Parties' Statement of Issues

  • Appellant

    1. Whether the district court erred when it held that Minn-Kota lacked standing to bring an appeal from a decision by the North Dakota Public Service Commission.
    2. Whether the Commission erred when it failed to issue a certificate of public convenience and necessity to Otter Tail Power Company so that Otter Tail could provide power to a newly built Minn-Kota facility.
    3. Whether the Commission and district court erred by denying Minn-Kota the opportunity to intervene.

  • Appellee 1

    Dakota Valley Electric Cooperative Issues
    I. Whether the district court erred when it held that Minn-Kota lacked standing to bring an appeal from a decision by the North Dakota Public Service Commission.
    II. Whether the Public Service Commission erred when it denied a certificate of public convenience and necessity sought by Otter Tail Power Company to serve Minn-Kota’s new facility.
    III. Whether the District Court and the Public Service Commission erred by denying Minn-Kota the opportunity to intervene.

  • Appellee 2

    The Public Service Commission Issues
    First, did the district court properly affirm the denial of Minn-Kota's motion to intervene.
    Second, did the district court properly determine Minn-Kota lacked standing to appeal?
    Third, alternatively, was the district court's decision to affirm the PSC's denial of the CPCN the process of rational application of the facts to the law?


Summary

Minn-Kota Ag Products, Inc. appealed from a district court’s order affirming an administrative law judge’s order denying Minn-Kota’s Petition to Intervene and concluding that Minn-Kota lacked standing to appeal Findings of Fact, Conclusions of Law and Order issued by the North Dakota Public Service Commission.

In 2017, Otter Tail Power Co. applied for a Certificate of Public Convenience and Necessity from the Public Service Commission to provide electric power to Minn-Kota’s newly constructed grain handling facility. Dakota Valley Electric Cooperative was the competing contender to provide electric power to the facility and protested Otter Tail’s application. In October 2017, the Public Service Commission held a hearing on Otter Tail’s application. In February 2018, Minn-Kota filed a petition to intervene. The petition was subsequently denied by an administrative law judge. In March 2018, the Commission issued its Findings of Fact, Conclusions of Law and Order denying Otter Tail’s application. Minn-Kota appealed the Commission’s decision to the district court arguing the Commission erred in denying Minn-Kota’s Petition to Intervene, the Commission’s Findings of Fact were not supported by a preponderance of the evidence, the Commission’s Conclusions of Law were not supported by its Findings of Fact, and the Commission’s Order denying Otter Tail’s application was not in accordance with the law. The district court affirmed the administrative law judge’s denial of Minn-Kota’s Petition to Intervene. But the court did not address the Commission’s denial of Otter Tail’s application because it determined Minn-Kota lacked standing to appeal the Commission’s decision.

On appeal, Minn-Kota argues that it had standing to appeal the Commission’s decision because it participated in the proceedings, that it showed good cause to intervene after the hearing had taken place, and that the Commission’s decision was not supported by facts or law.


Briefs

Filing Date Description
07/18/2019 APPELLANT BRIEF View
08/16/2019 APPELLEE BRIEF - PUBLIC SERVICE COMMISSION View
08/19/2019 AMENDED APPELLEE BRIEF - DAKOTA VALLEY ELECTRIC COOPERATIVE, INC. (REPLACES BRIEF FILED 8/16/19) View
08/30/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Cary Roger Stephenson - 05017
APPELLEE PRIVATE PRACTICE Kimberly Joy Radermacher - 05856
APPELLEE PRIVATE PRACTICE Zachary Evan Pelham - 05904
APPELLANT PRIVATE PRACTICE Loren Lee Hansen - 08233

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 04/18/2019 NOTICE OF APPEAL : 04/18/2019
2 04/22/2019 ORDER FOR TRANSCRIPT : 04/24/2019
3 04/22/2019 Rec'd $125.00 filing fee
4 04/23/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 04/23/2019 Notice Served on Loren L. Hansen, Zachary E. Pelham, Kimberly J. Radermacher & Cary R. Stephenson
6 05/01/2019 Disk - Administrative Hearing Transcript dated 12/20/17 (Hand Delivered)
7 05/01/2019 Administrative Transcript dated 10/23/17 (Hand Delivered - disk)
8 05/01/2019 Administrative Transcript dates 2/5/18 (Hand Delivered - disk)
9 05/21/2019 ELEC. RECORD ON APPEAL DATED MAY 20, 2019 (ENTRY NOS. 1-153)
10 06/03/2019 ELECTRONIC TRANSCRIPT DATED NOVEMBER 26, 2018 & C.O.S.
11 07/12/2019 Rec'd non-compliant ATB (over page limit) requested revision.
12 07/12/2019 APPELLANT APPENDIX
13 07/18/2019 APPELLANT BRIEF View
14 07/18/2019 Oral Argument Request by Appellant
15 07/23/2019 Rec'd 6 copies of ATB/ATA from Central Duplicating
16 08/16/2019 APPELLEE BRIEF - DAKOTA VALLEY ELECTRIC COOPERATIVE, INC. (AMENDED BRIEF FILED 8/19/19)
17 08/16/2019 APPELLEE BRIEF - PUBLIC SERVICE COMMISSION View
18 08/16/2019 Oral Argument Request by Appellee (PSC)
19 08/19/2019 Rec'd copies of AEB-DVEC from CD
20 08/19/2019 AMENDED APPELLEE BRIEF - DAKOTA VALLEY ELECTRIC COOPERATIVE, INC. (REPLACES BRIEF FILED 8/16/19) View
21 08/19/2019 Oral Argument Request by Appellee - Dakota Valley Electric Coop.
22 08/19/2019 JOINDER WITH MINN-KOTA AG PRODUCTS - STATEMENT OF APPELLEE OTTER TAIL POWER COMPANY View
23 08/21/2019 Rec'd non-substantive corrections to AEB-PSC
24 08/22/2019 Rec'd copies of AEB-PSC from CD
25 08/28/2019 Rec'd 6 copies of amended AEB-DVEC from central duplicating
26 08/30/2019 REPLY BRIEF View
27 09/05/2019 Rec'd 6 copies of RYB from CSD
28 10/30/2019 APPEARANCES: Loren Hansen/Zachary Pelham/Kimberly Radermacher
29 10/30/2019 ARGUED: Hansen/Pelham/Radermacher
30 10/30/2019 Case argued at UND School of Law