Legalectric

Otter Tail Corporation’s Corporate Governance Page

Otter Tail’s David Sasseville (Lindquist & Vennum) said that they had no objection to administrative of their filings of June 3, 2008. What else did he have to say? Here’s his missive after I filed the mncoalgasplant.com Motion for Disclosure & Commission Notice; Exhibit A – Otter Tail Power 8k filing to, duh, have the filing disclosed and for Official Notice by the Public Utilities Commission:

This reply is submitted on behalf of the Big Stone II Applicants, and that project’s lead developer, Otter Tail Power Company. Ms. Overland’s communication to the Commission and the parties in the Big Stone II transmission docket regarding Otter Tail’s filing yesterday was inappropriate and unnecessary. Otter Tail has not formed a holding company and has not reorganized. Rather, it merely filed applications yesterday in Minnesota, the Federal Energy Regulatory Commission, North Dakota and South Dakota for permission to form a holding company. The SEC filing referenced by Ms. Overland merely reflects the fact that Otter Tail is seeking permission to form a holding company. Whether that ultimately occurs, and whether and how Otter Tail’s organizational structure changes, will be resolved in the context of the FERC, SDPUC and NDPSC dockets, and the MPUC docket that was created yesterday (No. PA-08-658). Under no circumstances will yesterday’s filing have an impact on the Big Stone II docket, or on Otter Tail’s ability to proceed with its obligations and commitments in that docket. Otter Tail’s filing is available electronically at the PUC’s web site. In addition, Ms. Overland and/or MNCoalgasplant.com may add their names to the mailing list in the docket to receive future filings in the matter. David L. Sasseville Lindquist & Vennum P.L.L.P. 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 612/371-3237 612/371-3207 (fax)

Yes, the filing is NOW available on the PUC eDockets site. Go to www.puc.state.mn.us and then to “eDockets” on the left, and then to “Search Documents” and search for 08-658. Inappropriate and unnecessary? When the parties are making final arguments in the Big Stone II case and Commission is making a decision, it’s fully appropriate to nail down disclosure and notice by the Commission … sigh… and here’s my response:

Mr. Sasseville and all: It is my belief and the purpose of this Motion that: 1) this filing should be formally disclosed within the Big Stone II proceeding by Otter Tail Corporation/Otter Tail Power (as of your missive, it now has been acknowledged); and 2) this filing should receive Official Notice in the Big Stone II deliberation by the Public Utilities commission. It is unknown whether there will be any impact, and the Motion does not address substantive issues of the reorganization nor suggest that substantive issues be addressed in the Big Stone docket, just that it should be disclosed and receive Official Notice of the Commission. Carol A. Overland for mncoalgasplant.com

To which he responded:

Ms. Overland: Your email implies that the Otter Tail filing portends something the Commission should be aware of, but isn’t, and that such information is a matter of actual or potential significance to the proper determination of the Big Stone II Transmission Certificate of Need and Route Permit proceeding tomorrow. While these implications are unfounded, the Big Stone II Applicants, including Otter Tail, have no objection to the Commission taking administrative notice of any and all docket filings in matters before it, including Otter Tail’s June 3, 2008 filing, and assigning whatever weight to those filings it believes is appropriate.

Well, that’s good, “the Big Stone II Applicants, including Otter Tail, have no objection to the Commission taking administrative notice of any and all docket filings in matters before it, including Otter Tail’s June 3, 2008 filing…” which is the entire point! Get it out there in the open…

Otter Tail Corporation’s News Release Page – do you see a press release about this filing?

…so then I says:

Mr. Sasseville – My concern, again, is twofold, first, that Otter Tail disclose the fact of the filings to the Commission and the parties (I do not believe this had been done prior) and it should be in the record, and second, that the Commission take administrative notice of these filings. That’s all. Because you state that “the Big Stone II Applicants, including Otter Tail, have no objection to the Commission taking administrative notice of any and all docket filings in matters before it, including Otter Tail’s June 3, 2008, filing,” I trust that disclosure and a statement that Otter Tail has no objection will occur.. Thank you for your statement of Otter Tail’s position. Carol for mncoalgasplant.com

And so what happened at the deliberation, what’s happening right now? Who knows… Was this addressed? Who knows…