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He also pointed to the self-exclusion mechanism adopted by the government.
“The debate about prohibition will remain open in the country for the next few years,” he said. “It will be an institutional debate between the Supreme Court, Congress and the executive branch.
Durigan did not indicate that the government would prohibit the activity.
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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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The KSA said that applicants were previously required to detail corrective actions taken to address previous breaches and outline measures to prevent future violations.
All submissions must also now include an exit plan – a new obligation that applies across the board. This requirement, intended to ensure orderly market withdrawal, marked a move toward embedding long-term risk management into the licensing process.
It requires operators to describe in detail how they will responsibly wind down their operations should their licence not be renewed or be revoked. Or if they decide to leave the market midway through the five years between renewals.