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The PUC ordered the utility to continue supplying electricity to the casino provided the solar system remains behind the meter—meaning it does not export power onto the wider grid.
“What you’re doing is wrong,” Commissioner Audrey Partridge told the cooperative during Thursday’s hearing, according to news reports. “I think you have lost your tether to the purpose of an electric utility.”
The decision follows a long-running battle over the multimillion-dollar solar project, which the Upper Sioux Community began developing in 2024 to curb electricity costs and advance its clean-energy goals.
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The judges highlighted the number of gaming halls in the city remained largely stable after the increase.
The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.
Wiesbaden’s tax, set under local statute, applies to expenditure on gaming machines, and the city said the higher rate was part of its response to strained finances.
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“Considering that the regulated market has only been in place for just over two years, its implementation has been very positive,” she declares.
“Looking back over the past two years, the regulation has achieved its primary objective: creating a safer and more transparent market. It has established common standards for all licensed operators, particularly around KYC, AML and responsible gaming, ensuring that customers receive a more consistent experience regardless of the platform they choose.”
Atucha praises the regulation and the regulators themselves for making entry into the market easy, as well as allowing them to be competitive against illegal operators. But the market hasn’t been without its challenges.