Nebraska Public Power District v. FERC
Nebraska Public Power District and Edison Electric Institute |
Federal Energy Regulatory Commission |
GridLiance High Plains LLC, Tri-State Generation & Transmission Assn. and Southwest Power Pool |
19-1553 |
March 15, 2019 |
U.S. Court of Appeals, Eighth Circuit |
Other |
Opinions
We have the following opinions for this case:
Description |
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Nebraska Public Power District v. Federal Energy Regulatory Commission |
Docket Report
This docket was last retrieved on June 22, 2020. A more recent docket listing may be available from PACER.
Document Text |
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MANDATE ISSUED. [4925784] [19-1553] (HAG) [Entered: 06/22/2020 09:20 AM] |
OPINION FILED - THE COURT: Lavenski R. Smith, James B. Loken and Raymond W. Gruender AUTHORING JUDGE:Lavenski R. Smith (PUBLISHED) [4908140] [19-1553] (HAG) [Entered: 04/30/2020 08:14 AM] |
JUDGMENT FILED - The [ # 4767723-2 ] petition for review filed by Petitioner Nebraska Public Power District is denied. DENIED. LAVENSKI R. SMITH, JAMES B. LOKEN and RAYMOND W. GRUENDER Hrg Jan 2020 [4908152] [19-1553] (HAG) [Entered: 04/30/2020 08:45 AM] |
URL link(s) from court decision attached. [4908966] [19-1553] (AMT) [Entered: 05/01/2020 02:46 PM] |
ARGUED & SUBMITTED in St. Louis to Judges Lavenski R. Smith, James B. Loken, Raymond W. Gruender on 01/15/2020 Mr. Lawrence C. Friedman for Intervenor Tri-State Generation & Transmission Assn., Mr. David D'Alessandro for Petitioner Nebraska Public Power District and Mr. Matthew Estes for Respondent FERC. Rebuttal by Mr. David D'Alessandro for Nebraska Public Power District RECORDED. # Click Here To Listen to Oral Argument [4871585] [19-1553] (JMM) [Entered: 01/15/2020 12:40 PM] |
ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Lawrence C. Friedman for Tri-State Generation & Transmission Assn. for argument in January, at the U.S. Courthouse in St. Louis, Missouri. [4868550] [19-1553] (LCF) [Entered: 01/07/2020 03:15 PM] |
ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. Matthew Estes for FERC for argument in January, at the U.S. Courthouse in St. Louis, Missouri. [4863392] [19-1553] (RHS) [Entered: 12/18/2019 02:29 PM] |
ARGUMENT RESPONSE/APPEARANCE FORM filed by Mr. David D'Alessandro for Nebraska Public Power District for argument in January, at the U.S. Courthouse in St. Louis, Missouri. [4863037] [19-1553] (MDZ) [Entered: 12/18/2019 09:14 AM] |
SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in St. Louis on Wednesday, January 15, 2020. To be heard before Judges Lavenski R. Smith, James B. Loken and Raymond W. Gruender in Division I. The courtroom deputy will be Jeanette McKee. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. [4861779] [19-1553] (JMM) [Entered: 12/13/2019 01:56 PM] |
LETTER from Intervenor Southwest Power Pool regarding Notice of withdrawal of attorney appearance. w/service 10/25/2019 [4845811] [19-1553] (MJB) [Entered: 10/25/2019 01:44 PM] |
LETTER from Petitioner Nebraska Public Power District regarding availability for oral argument. w/service 09/16/2019 [4830869] [19-1553] (MDZ) [Entered: 09/16/2019 09:33 AM] |
CORRECTED certificate of service for Paper Brief, Doc No. [ # 4820431-2 ], filed by Petitioner Nebraska Public Power District [4820577] [19-1553] (MDZ) [Entered: 08/19/2019 01:42 PM] |
Paper copies Reply brief, [ # 4819065-2 ] filed by Nebraska Public Power District 10 paper copies received. Paper brief deficiency due 08/26/2019 - SEE ATTACHED NOTICE. [4820431] [19-1553] (HAG) [Entered: 08/19/2019 10:42 AM] |
BRIEF FILED - PETITIONER REPLY BRIEF filed by Nebraska Public Power District, w/service 08/14/2019. Length: 6,316 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Nebraska Public Power District due 08/19/2019 WITH certificate of service for paper briefs [4819065] [19-1553]--[Edited to add paper brief deadline 08/14/2019 by HAG] (HAG) [Entered: 08/14/2019 11:26 AM] |
REPLY brief of Nebraska Public Power District submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4818094] [19-1553] (JPT) [Entered: 08/12/2019 01:04 PM] |
LETTER from Petitioner Nebraska Public Power District regarding availability for oral argument. w/service 08/09/2019 [4817642] [19-1553] (JPT) [Entered: 08/09/2019 01:53 PM] |
Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. Please review the current and future argument dates immediately to determine if you have any conflicts. # Click Here to View Published Argument Calendars and Future Court Session Dates and Locations If you do have conflicts with any of the argument dates, please inform this court by sending a letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. [4817074] [19-1553] (MR) [Entered: 08/08/2019 10:57 AM] |
LETTER from Respondent FERC regarding availability for oral argument. w/service 08/08/2019 [4817373] [19-1553] (RHS) [Entered: 08/08/2019 08:30 PM] |
Paper copies Intervenor brief, [ # 4810271-2 ] filed by Tri-State Generation & Transmission Assn. 10 paper copies received. [4815240] [19-1553] (HAG) [Entered: 08/02/2019 03:05 PM] |
RECORD FILED - INTERVENOR TRI-STATE GENERATION APPENDIX, 1 volumes, Comments: 3 sets, Source Location: St. Louis [4815242] [19-1553] (HAG) [Entered: 08/02/2019 03:07 PM] |
Record Deficiency Sent to Attorney Ms. Jesse Halpern for Intervenor Tri-State Generation & Transmission Assn. Record Deficiency due on 08/05/2019. [4813213-1] [19-1553] (HAG) [Entered: 07/29/2019 03:11 PM] |
PAPER brief deficiency sent to Ms. Jesse Halpern, for [ # 4810271-2 ], Intervenor Tri-State Generation & Transmission Assoc., Inc. brief [4813202] [19-1553] (HAG) [Entered: 07/29/2019 03:03 PM] |
Paper copies Intervenor brief, [ # 4810302-2 ] filed by Southwest Power Pool 10 paper copies received w/Addendum attached [4812480] [19-1553] (HAG) [Entered: 07/26/2019 10:13 AM] |
PUBLIC DOCKET NOTE: Petitioner's reply brief is due August 12, 2019. [4811454] [19-1553] (HAG) [Entered: 07/24/2019 11:38 AM] |
RECORD FILED - INTERVENOR SOUTHWEST POWER POOL, INC. APPENDIX, 1 volumes, Comments: 3 sets, Source Location: St. Louis [4811918] [19-1553] (HAG) [Entered: 07/25/2019 10:25 AM] |
Paper copies Intervenor brief, [ # 4810403-2 ] filed by GridLiance High Plains LLC 10 paper copies received. [4811943] [19-1553] (HAG) [Entered: 07/25/2019 10:34 AM] |
BRIEF FILED - INTERVENOR BRIEF filed by Tri-State Generation & Transmission Assn. w/service 07/22/2019. Length: 7,972 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Tri-State Generation & Transmission Assn. due 07/29/2019 WITH certificate of service for paper briefs [4810271] [19-1553] (HAG) [Entered: 07/22/2019 10:59 AM] |
ADDENDUM of INTERVENOR FILED by Intervenor Southwest Power Pool, w/service 07/22/2019 [4810303] [19-1553] (HAG) [Entered: 07/22/2019 11:39 AM] |
BRIEF FILED - INTERVENOR BRIEF filed by Southwest Power Pool w/service 07/22/2019. Length: 11,936 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Southwest Power Pool due 07/29/2019 WITH certificate of service for paper briefs [4810302] [19-1553] (HAG) [Entered: 07/22/2019 11:38 AM] |
BRIEF FILED - INTERVENOR BRIEF filed by GridLiance High Plains LLC w/service 07/22/2019. Length: 7,918 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM GridLiance High Plains LLC due 07/29/2019 WITH certificate of service for paper briefs [4810403] [19-1553] (HAG) [Entered: 07/22/2019 01:35 PM] |
AMICUS/INTERVENOR brief of Tri-State Generation and Transmission Association, Inc. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [4810022] [19-1553] (JH) [Entered: 07/19/2019 03:06 PM] |
Addendum of INTERVENOR submitted for review by Southwest Power Pool. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [4810118] [19-1553] (MJB) [Entered: 07/19/2019 06:22 PM] |
AMICUS/INTERVENOR brief of Southwest Power Pool, Inc. submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [4810117] [19-1553] (MJB) [Entered: 07/19/2019 06:19 PM] |
AMICUS/INTERVENOR brief of GridLiance High Plains LLC submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [4810121] [19-1553] (GB) [Entered: 07/19/2019 09:32 PM] |
BRIEF FILED - RESPONDENT BRIEF filed by FERC, w/service 07/11/2019. Length: 11,515 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Federal Energy Regulatory Commission due 07/16/2019 WITH certificate of service for paper briefs . Reply brief of Nebraska Public Power District due on 08/01/2019. [4807000] [19-1553] (HAG) [Entered: 07/11/2019 09:48 AM] |
ADDENDUM of RESPONDENT FILED by Respondent FERC, w/service 07/11/2019 [4807003] [19-1553] (HAG) [Entered: 07/11/2019 09:49 AM] |
Paper copies Appellee/Respondent brief, [ # 4807000-2 ] filed by FERC 10 paper copies received. w/Addendum attached [4809902] [19-1553] (HAG) [Entered: 07/19/2019 01:15 PM] |
RECORD FILED - APLEE/RES APPENDIX, 1 volumes, Comments: 3 sets, Source Location: St. Louis [4807128] [19-1553] (HAG) [Entered: 07/11/2019 11:54 AM] |
Addendum of RESPONDENT submitted for review by FERC. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [4806654] [19-1553] (RHS) [Entered: 07/10/2019 12:52 PM] |
RESPONDENT brief of FERC submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4806609] [19-1553] (RHS) [Entered: 07/10/2019 11:48 AM] |
Paper copies Amicus Brief, [ # 4789656-2 ] filed by Edison Electric Institute. 10 paper copies received. [4791357] [19-1553] (MR) [Entered: 05/28/2019 08:23 AM] |
BRIEF FILED - AMICUS BRIEF filed by Edison Electric Institute w/service 05/20/2019 , Length: 5,343 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Edison Electric Institute due 05/28/2019 WITH certificate of service for paper briefs [4789656] [19-1553] (MR) [Entered: 05/21/2019 10:23 AM] |
AMICUS/INTERVENOR brief of Edison Electric Institute submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [4789323] [19-1553] (MAF) [Entered: 05/20/2019 02:28 PM] |
CLERK ORDER:Granting [ # 4787479-2 ] motion for extension of time to file brief filed by Respondent FERC. Brief of Federal Energy Regulatory Commission due 07/12/2019.. Intervenor brief of GridLiance High Plains LLC, Southwest Power Pool and Tri-State Generation & Transmission Assn. due 07/19/2019. [4787737] [19-1553] (HAG) [Entered: 05/15/2019 09:45 AM] |
RECORD FILED - APLNT/PET APPENDIX, 2 volumes, Location STL, Comments: 3 COPIES [4787904] [19-1553] (JMM) [Entered: 05/15/2019 01:52 PM] |
Paper copies Appellant/Petitioner Brief, [ # 4787190-2 ] filed by Nebraska Public Power District 10 paper copies received. [4787986] [19-1553] (JMM) [Entered: 05/15/2019 03:28 PM] |
Paper copies [ # 4787205-2 ], Addendum filed by Nebraska Public Power District 10 paper copies received. [4787987] [19-1553] (JMM) [Entered: 05/15/2019 03:29 PM] |
MOTION for extension of time to file brief until 07/12/2019, filed by Respondent FERC w/service 05/14/2019. [4787479] [19-1553] (RHS) [Entered: 05/14/2019 02:20 PM] |
ADDENDUM of PETITIONER FILED by Petitioner Nebraska Public Power District , w/service 05/13/2019 [4787205] [19-1553] (JMM) [Entered: 05/14/2019 08:34 AM] |
Addendum of PETITIONER submitted for review by Nebraska Public Power District. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [4786946] [19-1553] (MDZ) [Entered: 05/13/2019 11:25 AM] |
APPEARANCE filed by Glenn S. Benson for Intervenor GridLiance High Plains LLC w/service 05/13/2019 [4787134] [19-1553] (GB) [Entered: 05/13/2019 03:52 PM] |
PETITIONER brief of Nebraska Public Power District submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [4786941] [19-1553] (MDZ) [Entered: 05/13/2019 11:23 AM] |
BRIEF FILED - PETITIONER BRIEF filed by Nebraska Public Power District. w/service 05/13/2019 , Length: 11,547 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Nebraska Public Power District due 05/20/2019 WITH certificate of service for paper briefs . Brief of Federal Energy Regulatory Commission and Intervenors are due on 06/12/2019 [4787190] [19-1553]]--[Edited 05/14/2019 by JMM] (JMM) [Entered: 05/14/2019 08:12 AM] |
CLERK ORDER: Granting [ # 4782384-2 ] motion for leave to intervene. Intervenor Tri-State Generation & Transmission Assn. in 19-1553 has been added to this case as an intervenor for Respondent.Federal Energy Regulatory Commission. A brief deadline will be established once Petitioner's Brief is filed. [4786697] [19-1553] (MER) [Entered: 05/10/2019 03:32 PM] |
LETTER from Petitioner Nebraska Public Power District regarding This letter is to notify the court that the law firm name for Petitioner's counsel has changed from Stinson Leonard Street LLP to Stinson LLP.. w/service 05/08/2019 [4785394] [19-1553] (MDZ) [Entered: 05/08/2019 09:31 AM] |
APPEARANCE filed by Jesse Halpern for Interested Party Tri-State Generation & Transmission Assn. w/service 04/30/2019 [4782962] [19-1553] (JH) [Entered: 04/30/2019 02:26 PM] |
APPEARANCE filed by Lawrence C. Friedman for Interested Party Tri-State Generation & Transmission Assn. w/service 04/30/2019 [4782988] [19-1553] (LCF) [Entered: 04/30/2019 02:51 PM] |
MOTION interested party, Tri State Generation and Transmission Association, Inc. , for leave to intervene on behalf of Respondent, Federal Energy Regulatory Commission w/service 04/29/2019. [4782384] [19-1553]--[Edited 04/29/2019 by MER] (LCF) [Entered: 04/29/2019 02:28 PM] |
APPEARANCE filed by Brett K. White for Intervenor Southwest Power Pool w/service 04/29/2019 [4782463] [19-1553] (BKW) [Entered: 04/29/2019 03:30 PM] |
APPEARANCE filed by Matthew J. Binette for Intervenor Southwest Power Pool w/service 04/29/2019 [4782478] [19-1553] (MJB) [Entered: 04/29/2019 03:51 PM] |
CLERK ORDER: Granting [ # 4777382-2 ] [ # 4777707-2 ] motions for leave to intervene. Intervenors GridLiance High Plains LLC and Southwest Power Pool in 19-1553 have been added to this case as intervenors for Respondent.Federal Energy Regulatory Commission; [4781895] [19-1553] (MER) [Entered: 04/26/2019 02:28 PM] |
RECORD FILED - Certified List filed electronically by Respondent FERC [4780371] [19-1553] (RMK) [Entered: 04/23/2019 10:41 AM] |
APPEARANCE filed by Robert M. Kennedy for Respondent FERC w/service 04/23/2019 [4780333] [19-1553] (RMK) [Entered: 04/23/2019 10:21 AM] |
APPEARANCE filed by Matthew W.S. Estes for Respondent FERC w/service 04/23/2019 [4780609] [19-1553] (ME) [Entered: 04/23/2019 02:35 PM] |
MOTION for extension of time to file brief until 07/12/2019, filed by Attorney Mr. Matthew Estes for Respondent FERC w/service 04/23/2019. [4780634] [19-1553] (RMK) [Entered: 04/23/2019 02:59 PM] |
CLERK ORDER:Denying [ # 4780634-2 ] motion for extension of time to file brief filed by Mr. Matthew Estes. [4780685] [19-1553] (HAG) [Entered: 04/23/2019 03:49 PM] |
MOTION interested party, GridLiance High Plains LLC , for leave to intervene on behalf of Federal Energy Regulatory Commission. w/service 04/15/2019. [4777707] [19-1553] (GB) [Entered: 04/15/2019 11:00 AM] |
On December 1, 2016, the Federal Rules of Appellate Procedure were amended to require a certificate of compliance for motions filed under Rule 27, certifying that the document complies with the type-volume limitations and stating the number of words in the document. Your recently filed motion did not contain this certificate of compliance. No action will be taken on your motion for leave to intervene, [ # 4777707-2 ], , pending the filing of a certificate of compliance using the 'Certificate of Compliance' event. Please do not refile your motion [19-1553] (MER) [Entered: 04/15/2019 02:27 PM] |
CERTIFICATE OF COMPLIANCE filed by Attorney Mr. Glenn Benson for Interested Party GridLiance High Plains LLC correcting [ # 4777707-2 ] motion. [4777892] [19-1553] (GB) [Entered: 04/15/2019 03:26 PM] |
APPEARANCE filed by Jonathan P. Trotta for Petitioner Nebraska Public Power District w/service 04/12/2019 [4777231] [19-1553] (JPT) [Entered: 04/12/2019 11:00 AM] |
APPEARANCE filed by David D'Alessandro for Petitioner Nebraska Public Power District w/service 04/12/2019 [4777226] [19-1553] (JPT) [Entered: 04/12/2019 10:57 AM] |
APPEARANCE filed by Marie Denyse Zosa for Petitioner Nebraska Public Power District w/service 04/12/2019 [4777234] [19-1553] (JPT) [Entered: 04/12/2019 11:02 AM] |
METHOD of appendix preparation filed by Petitioner Nebraska Public Power District - Separate Appendix - w/service 04/12/2019 [4777245] [19-1553] (JPT) [Entered: 04/12/2019 11:22 AM] |
STATEMENT of issues filed by Petitioner Nebraska Public Power District - w/service 04/12/2019. [4777248] [19-1553] (JPT) [Entered: 04/12/2019 11:24 AM] |
MOTION interested party, Southwest Power Pool, Inc. , for leave to intervene on behalf of Respondent, Federal Energy Regulatory Commission. w/service 04/12/2019. [4777382] [19-1553] (MJB) [Entered: 04/12/2019 02:24 PM] |
BRIEFING SCHEDULE SET AS FOLLOWS: Administrative record due 04/29/2019. Appendix due on 05/13/2019. brief of Nebraska Public Power District due on 05/13/2019. Responsive brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief.[4767732] [19-1553] (AEV) [Entered: 03/18/2019 01:27 PM] |
PETITION for Review of an order of the Federal Energy Regulatory Commission (Electronic) filed by Petitioner Nebraska Public Power District w/service 03/15/2019 [4767723] [19-1553] (AEV) [Entered: 03/18/2019 01:07 PM] |
Agency case docketed [4767720] [19-1553] (AEV) [Entered: 03/18/2019 01:04 PM] |
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