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Commissioners pointed to evidence suggesting the tribe may have already been overcharged compared to other member customers.
The Upper Sioux Community also argued that, as a sovereign tribal nation, it is not subject to Minnesota utility regulations. The commission declined to rule on the sovereignty question, concluding it was unnecessary to resolve that issue to determine that Minnesota Valley could not prevent the casino from generating its own power.
An attorney for Minnesota Valley told commissioners the cooperative plans to appeal the order.
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As the case rumbles through court, a key piece of evidence, meant to support Evolution’s defence was a report carried out by specialist gaming advisors Spectrum Gaming Capital. It analysed Evolution’s operations and was meant to counter the damning Black Cube report.
However, until very recently the report was kept confidential by Evolution, as it contained commercially sensitive material, the supplier said.
But this week the 2022 report was released in full by the court. Playtech, for its part, has celebrated a number of findings in the document, which it says supports and corroborates findings from Black Cube.
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But Playtech has claimed that the Spectrum report, which is now publicly available, was unable “to confirm or refute” some of Black Cube’s claims, “as Evolution failed to provide Spectrum with significant information it had requested”.
Evolution declined to provide a comment on the update.
Notably, Spectrum said within its report that it did not believe Evolution had engaged in any illegal practices. It also refuted allegations concerning cash payments and the use of Evolution’s games in sanctioned countries.