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Chair Dietz asked if settlement money had to be used for PFAS remediation only. <br />Mr. Hanson responded that is unknown at this point. <br />There was discussion of ERMU's current PFAS level. Mr. Hanson explained there would be <br />additional testing to get trending data. <br />Commissioner Zerwas shared his awareness that there are multiple legal agencies that <br />could provide services and suggested researching an agency with a lower fee than what <br />was listed in the retainer agreement for Lockridge Grindel Nauen. <br />There was discussion about contingency fee structuring. <br />Mr. Shepherd provided context that any firm that would be hired would apply <br />contingency and disbursement fees like those listed in the contract provided for approval. <br />He went on to state that while the current contract called for a 25% contingency fee it <br />was standard for a firm to require 33.33% with 40% set aside when a case goes to trial. <br />There was discussion. <br />Moved by Commissioner Westgaard and seconded by Commissioner Bell to direct staff <br />to remain in class and file claim forms. Motion carried 5-0. <br />Moved by Commissioner Stewart and seconded by Commissioner Westgaard to engage <br />legal counsel and approve retainer agreement. Motion carried 4-1. Commissioner <br />Zerwas voted against. <br />6.00 BUSINESS DISCUSSION <br />6.01 Staff Updates <br />Mr. Hanson corrected his staff update to say that ERMU had only received one proposal <br />from a contractor to conduct the compensation study that the Commission directed staff to <br />pursue at the October meeting. <br />Mr. Hanson shared on behalf of the administration director that ERMU is planning to enter <br />into a contract with Frontier Energy Services and will be bringing the contract forward soon. <br />He explained they will be handling commercial rebates and provide a program to assist with <br />tracking rebates. <br />Mr. Mauren expressed his appreciation for the opportunity to attend American Public Power <br />Association's Legal & Regulatory Conference sharing that it was a very informative and <br />beneficial opportunity. Mr. Shepherd also attended the conference and expressed his <br />appreciation. <br />Elk River Municipal Utilities Commission Meeting Minutes <br />November 14, 2023 <br />Page 9 <br />.N <br />