Minn-Kota Ag Products, Inc. v. N.D. Public Service Commission, et al.
- Minn-Kota Ag Products, Inc., Appellant
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
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.
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.
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?
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.
(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.|
|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|
|27||09/05/2019||Rec'd 6 copies of RYB from CSD|
|28||10/30/2019||APPEARANCES: Loren Hansen/Zachary Pelham/Kimberly Radermacher|
|30||10/30/2019||Case argued at UND School of Law|