Faegre Drinker Secures Favorable Public Utilities Commission Ruling for Upper Sioux Community

After nearly a year and a half of contentious litigation, the Upper Sioux Community secured a favorable ruling from the Minnesota Public Utilities Commission in a dispute with Minnesota Valley Cooperative Light and Power Association over a behind-the-meter solar array at Prairie’s Edge Casino Resort near Granite Falls, Minnesota. The array, which is designed to cover approximately 30% of the casino’s energy use, had been left dormant for more than a year after the cooperative threatened to disconnect electric service if the tribe brought the system online.

Faegre Drinker represented the Upper Sioux Community in its complaint before the commission, arguing that the cooperative acted unlawfully and unreasonably by threatening disconnection over the tribe’s behind-the-meter solar array. The Commission ultimately agreed, ordering the cooperative to continue serving the Upper Sioux Community and finding that any disconnection, or threat of disconnection, over the array would violate state law. The Commission also directed the Minnesota Attorney General to investigate whether the cooperative violated state law and to seek penalties of $100 to $1,000 per violation.

The ruling allows the Upper Sioux Community to move forward with powering up the solar array without the cooperative disconnecting power. The ruling was covered by Minnesota Public Radio and Minnesota Star Tribune.

The Faegre Drinker team included finance and restructuring partner Joshua Peterson and construction and real estate litigation associate Allie Jo Mitchell, both members of Faegre Drinker’s tribal litigation team.