Commissioners debate attendance at Basin Electric annual meeting amid AG opinion concerns

Commissioners discussed limits on attending Basin Electric's annual meeting and associated social events after reviewing an attorney general opinion that raised questions about conducting commission business at third-party events.

One commissioner said the attorney general's opinion raised concerns about commissioners collectively attending educational or business sessions because those sessions could involve discussion of projects that fall within the commission's oversight. "I'm really worried about it, especially the annual meeting. I would be quite shocked if they don't talk about their transmission construction project and now the generation facility," the commissioner said, explaining the potential overlap with commission duties.

Another commissioner recommended seeking a new attorney general's opinion for clarification; staff noted that an AG opinion can be requested by the agency or by individual commissioners but that an opinion requested by the ethics commission requires agency initiation. "Technically, not a lawyer, but I think the only way you're going to get clarification is if you ask for a new AG's opinion," a participant said.

Given the legal uncertainty and the time required for an AG opinion, one commissioner said they would not attend Basin Electric events and encouraged colleagues to decide whether to attend and "test the waters." The transcript shows the commissioners discussed limiting attendance to one representative for the events most likely to involve substantive discussion and agreed to handle scheduling offline.

No formal vote or directive to seek a new attorney general opinion was recorded in the transcript; the discussion ended with at least one commissioner declining to attend pending further guidance.