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Utility commission rejects BlockMetrics red-line and resubmits original contract with five-day deadline

Brainerd Public Utilities Commission · October 1, 2025
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Summary

After debating six requested contract changes from BlockMetrics, the Brainerd Public Utilities Commission voted to reject the vendor's red-line proposal and resend the commission's original agreement, giving the vendor five days before the Oct. 22 meeting to accept the original terms.

The Brainerd Public Utilities Commission on Sept. 30 voted to reject a red-lined contract proposal from BlockMetrics and directed staff to resubmit the commission's original agreement with a five-day deadline for acceptance ahead of the commission's Oct. 22 meeting.

Staff presented the BlockMetrics proposal and noted six requested changes: a two-year term with an automatic renewal clause, an extended startup timeline to October 2026, reimbursement of BlockMetrics' costs if the agreement terminates within 10 years, removal of a territorial restriction that would have disallowed generation construction outside the BPU service territory (section 5.11), an adjusted liquidated-damages date to match the extended startup, and removal of Minnesota Renewable Energy Standard cost assignments.

Commissioner Dolly said she had many outstanding questions and was uncomfortable extending or altering an agreement the commission had not previously executed. Chair Mark said he opposed accepting the vendor's red-line changes and proposed returning the original contract to BlockMetrics with a deadline for acceptance five days before the next meeting. Dolly moved to reject the red-line edits and resubmit the commission's original contract; the motion was seconded and carried on roll call. The roll-call record shows Dolly and Mark voting yes; one commissioner abstained.

The commission requested that staff document the decision and inform BlockMetrics of the deadline. No financial amendment or contract award was approved at the meeting; staff said they would return with further steps if BlockMetrics accepted the original terms.

Next steps: staff will notify the vendor of the five-day window and return to the commission with any vendor response at or before the Oct. 22 meeting.