Commission denies claims

Wednesday, December 4, 2002

LINCOLN -- The Nebraska Public Service Commission denied a motion by 17 claimants for a rehearing on the denial of their claims for payment stemming from the failure of Atlanta Elevator in south central Nebraska.

The Commission approved $1.65 million in claims on grain stored in Atlanta Elevator, which had locations at Atlanta and Funk, but denied $2.88 million in other claims in a Sept. 18 decision.

In denying the motion to rehear, the PSC emphasized that its decision to not approve claims for grain that was direct-shipped to a location other than Atlanta Elevator's facilities followed Commission rules and Nebraska law that only grain stored with a state-licensed warehouse operation is eligible for payment. The Commission's November 19 order noted, "If grain was not physically received at the warehouse, it does not meet the definition of grain in storage."

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