Basin Electric Power Cooperative v. Tri-State Generation and Transmission Association, Inc.
| Basin Electric Power Cooperative |
| Tri-State Generation and Transmission Association, Inc. |
| Northwest Rural Public Power District |
| 3:2024cv00008 |
| January 12, 2024 |
| US District Court for the District of North Dakota |
| Alice R Senechal |
| Peter D Welte |
| Contract: Other |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on March 7, 2024. A more recent docket listing may be available from PACER.
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Filing 48
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #47 Motion for Leave to File Under Seal. Counsel is directed to file under seal the proposed sealed documents and to publicly file the redacted versions of those documents. (AS)
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| DOCKET CORRECTION re: #44 Affidavit of Paul J. Hibbard. Clerk's office added exhibit letter to attachment; re: #45 Affidavit of Susan F. Tierney, PhD. Clerk's office removed 'Exhibit' reference; re: #46 Motion for Leave to File Under Seal. Duplicate pleading, see #47 . Clerk's office restricted access to document. (jb) |
| Filing 47 MOTION for Leave to File Under Seal by Northwest Rural Public Power District. (Attachments: #1 Memorandum in Support, #2 Proposed Sealed Document, #3 Proposed Sealed Document)(Cook, Andrew) |
| Filing 46 *RESTRICTED - DUPLICATE PLEADING FILED, SEE DOCUMENT #47 * MOTION for Leave to File Under Seal by Northwest Rural Public Power District. (Cook, Andrew) Modified on 3/7/2024 to restrict access. (jb) |
| Filing 45 AFFIDAVIT of Susan F. Tierney, PhD. re #42 Response to Motion by Northwest Rural Public Power District. (Attachments: #1 Tierney CV)(Cook, Andrew) Modified on 3/7/2024 to remove exhibit reference. (jb) |
| Filing 44 AFFIDAVIT of Paul J. Hibbard re #42 Response to Motion by Northwest Rural Public Power District. (Attachments: #1 Exhibit A - Hibbard CV)(Cook, Andrew) Modified on 3/7/2024 to add exhibit letter. (jb) |
| Filing 43 AFFIDAVIT of Chance Briscoe re #42 Response to Motion by Northwest Rural Public Power District. (Cook, Andrew) |
| Filing 42 RESPONSE to Motion re #14 MOTION for Preliminary Injunction filed by Northwest Rural Public Power District. (Cook, Andrew) |
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Filing 41
(Text Only) ORDER by Chief Judge Peter D. Welte granting #29 Unopposed Motion to Intervene filed by Northwest Rural Public Power District. Northwest Rural Public Power District's response to #14 Motion for a Preliminary Injunction due by 3/6/2024. Any reply to Northwest Rural Public Power District due by 3/20/2024. (KT) Modified on 3/4/2024 to correct a typographical error. NEF Regenerated. (sj).
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| Filing 40 Minute Entry for proceedings held before Chief Judge Peter D. Welte: Status Conference held on 3/4/2024. (Court Reporter kk) (lh) |
| Set/Reset Deadlines as to #14 MOTION for Preliminary Injunction . Responses due by 3/6/2024. Replies due by 3/20/2024. (sj) |
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Filing 39
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #38 Motion to Appear Pro Hac Vice for Attorney Terry J. Curtiss. (mf)
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| Filing 38 MOTION to Appear Pro Hac Vice Attorney Terry Curtiss (Filing fee $150, receipt number ANDDC-2853762) by Northwest Rural Public Power District. (Curtiss, Terry) Modified on 2/29/2024 to add receipt number (mf) |
| Filing 37 NOTICE of Change of Address by Jonathan Direnfeld (Direnfeld, Jonathan) |
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Filing 36
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #34 Motion to Appear Pro Hac Vice for Attorney Nicole A. Travers. (sj)
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Filing 35
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #33 Motion to Appear Pro Hac Vice for Attorney John David Taliaferro and granting #32 Motion to Appear Pro Hac Vice for Attorney Richard M. Lorenzo. (sj)
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| Filing 34 MOTION to Appear Pro Hac Vice Attorney Nicole A. Travers (Filing fee $150, receipt number: ANDDC-2853243) by Northwest Rural Public Power District. (Travers, Nicole) Modified on 2/28/2024 to add receipt number. (sj). |
| Filing 33 MOTION to Appear Pro Hac Vice Attorney John David Taliaferro (Filing fee $150, receipt number: ANDDC-2853227) by Northwest Rural Public Power District. (Taliaferro, John) Modified on 2/28/2024 to add receipt number. (sj). |
| Filing 32 MOTION to Appear Pro Hac Vice Attorney Richard M. Lorenzo (Filing fee $150, receipt number ANDDC-2853215) by Northwest Rural Public Power District. (Lorenzo, Richard) Modified on 2/28/2024 to add receipt number. (jb) |
| Filing 31 AFFIDAVIT of Nicole A. Travers in Support re #30 MEMORANDUM in Support, #29 MOTION to Intervene by Northwest Rural Public Power District. (Attachments: #1 Exhibit A - Compliance Filing RS 281 transmittal)(Cook, Andrew) |
| Filing 30 MEMORANDUM in Support re #29 MOTION to Intervene filed by Northwest Rural Public Power District. (Cook, Andrew) |
| Filing 29 MOTION to Intervene by Northwest Rural Public Power District. (Cook, Andrew) |
| Filing 28 NOTICE of Hearing: Status Conference set for 3/4/2024 at 10:00 AM in Fargo Courtroom 1 and by video before Chief Judge Peter D. Welte. Chambers will contact counsel with video information. (KT) |
| Filing 27 REPLY to Response to Motion re #14 MOTION for Preliminary Injunction filed by Basin Electric Power Cooperative. (Simpson, Lisa) |
| Filing 26 RESPONSE to Motion re #14 MOTION for Preliminary Injunction filed by Tri-State Generation and Transmission Association, Inc. (Attachments: #1 Declaration of Daniel T. Walter, #2 Exhibit A - Tri-State's Bylaws, #3 Exhibit B - Rate Schedule No. 281, #4 Exhibit C - Revised Rate Schedule 281, #5 Exhibit D - Tri-State Letter to NRPPD)(McLean, Ian) (Attachment 2 and 4 replaced to correct obstructed headers on 2/16/2024) (sc). NEF regenerated on 2/16/2024 (sc). |
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Filing 25
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting unopposed #24 Motion for an Extension of Time to Respond to the Complaint. Defendant's Answer is due 21 days after the court rules on Plaintiff's motion for preliminary injunction. (CT) Modified to clarify docket text on 2/8/2024. NEF regenerated (sc).
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| Filing 24 MOTION for Extension of Time to File Answer re #1 Complaint,,,,,,,, by Tri-State Generation and Transmission Association, Inc.. (McLean, Ian) |
| Filing 23 NOTICE of Appearance by Ian Ronald McLean on behalf of Tri-State Generation and Transmission Association, Inc. (McLean, Ian) |
| Filing 22 NOTICE of Appearance by Ronald H. McLean on behalf of Tri-State Generation and Transmission Association, Inc. (McLean, Ronald) |
| Filing 21 MOTION for Hearing re #14 MOTION for Preliminary Injunction by Basin Electric Power Cooperative. (Simpson, Lisa) |
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Filing 20
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #9 Motion to Appear Pro Hac Vice for Attorney Frederick J. Baumann. (jb)
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| Filing 19 Corporate Disclosure Statement by Basin Electric Power Cooperative. (Simpson, Lisa) |
| DOCKET CORRECTION re: #16 AFFIDAVIT. Clerk's Office added more complete descriptions to attachments and clarified docket text. (sc) |
| Filing 18 AFFIDAVIT OF EXPERT MARY McBRIDE re #14 MOTION for Preliminary Injunction by Basin Electric Power Cooperative. (Simpson, Lisa) |
| Filing 17 AFFIDAVIT OF REBECCA A. KERN re #14 MOTION for Preliminary Injunction by Basin Electric Power Cooperative. (Simpson, Lisa) |
| Filing 16 AFFIDAVIT of Matthew D. LaBrie re #14 MOTION for Preliminary Injunction by Basin Electric Power Cooperative. (Attachments: #1 Exhibit A: Letter Dated 1.16.24, #2 Exhibit B: Letter Dated 1.19.24, #3 Exhibit C: 1.24.24 Revisions on Compliance to Rate Schedule No. 281)(Simpson, Lisa) Modified to add more complete descriptions to attachments and clarify docket text on 2/2/2024 (sc). |
| Filing 15 MEMORANDUM in Support re #14 MOTION for Preliminary Injunction filed by Basin Electric Power Cooperative. (Simpson, Lisa) |
| Filing 14 MOTION for Preliminary Injunction by Basin Electric Power Cooperative. (Simpson, Lisa) |
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Filing 13
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #11 Motion to Appear Pro Hac Vice for Attorney Joseph Hykan. (jb)
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| Filing 12 Corporate Disclosure Statement by Tri-State Generation and Transmission Association, Inc.. (Hykan, Joe) |
| Filing 11 MOTION to Appear Pro Hac Vice Attorney Joseph Hykan (Filing fee $150, receipt number CNDDC-2834897) by Tri-State Generation and Transmission Association, Inc.. (Hykan, Joe) Modified on 1/31/2024 to add receipt number. (jb) |
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Filing 10
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #8 Motion to Appear Pro Hac Vice for Attorney Kenneth F. Rossman IV. (sj)
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| Filing 9 MOTION to Appear Pro Hac Vice Attorney Frederick J. Baumann (Filing fee $150, receipt number ANDDC-2834887) by Tri-State Generation and Transmission Association, Inc.. (Baumann, Frederick) Modified on 1/31/2024 to add receipt number. (jb) |
| Filing 8 MOTION to Appear Pro Hac Vice Attorney Kenneth F. Rossman IV (Filing fee $150, receipt number: ANDDC-2834855) by Tri-State Generation and Transmission Association, Inc.. (Rossman, Kenneth) Modified on 1/31/2024 to add receipt number. (sj). |
| Filing 7 SUMMONS Returned Executed by Basin Electric Power Cooperative. Tri-State Generation and Transmission Association, Inc. served on 1/19/2024, answer due 2/9/2024 (LaBrie, Matthew) |
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Filing 6
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #3 Motion to Appear Pro Hac Vice for Attorney Matthew D. LaBrie; granting #4 Motion to Appear Pro Hac Vice for Attorney Jonathan A. Direnfeld; granting #5 Motion to Appear Pro Hac Vice for Attorney Lisa T. Simpson. (sj)
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| Filing 5 MOTION to Appear Pro Hac Vice Attorney Lisa T. Simpson (Filing fee $150, receipt number: ANDDC-2821806) by Basin Electric Power Cooperative. (Simpson, Lisa) Modified on 1/12/2024 to add receipt number. (sj). |
| Filing 4 MOTION to Appear Pro Hac Vice Attorney Jonathan A. Direnfeld (Filing fee $150, receipt number: ANDDC-2821800) by Basin Electric Power Cooperative. (Direnfeld, Jonathan) Modified on 1/12/2024 to add receipt number. (sj). |
| Filing 3 MOTION to Appear Pro Hac Vice Attorney Matthew D. LaBrie (Filing fee $150, receipt number: ANDDC-2821793) by Basin Electric Power Cooperative. (LaBrie, Matthew) Modified on 1/12/2024 to add receipt number. (sj). |
| Filing 2 Summons Issued as to Tri-State Generation and Transmission Association, Inc. (pb) |
| Filing 1 COMPLAINT against Tri-State Generation and Transmission Association, Inc. (Filing fee $405, receipt number 100001778) filed by Basin Electric Power Cooperative. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - December 19, 2023 FERC Final Order, #3 Exhibit B - September 27, 2017 Eastern Interconnection, #4 Exhibit C - December 23, 2019 Tri-State Petition for Declaratory Order, #5 Exhibit D - April 13, 2020 Tri-State Initial Filing of Rate Schedule, #6 Exhibit E - March 15, 2021 Initial Filing of Rate Schedule No. 323, #7 Exhibit F - September 1, 2021 Tri-State Revisions to Rate Schedule, #8 Exhibit G - September 17, 2021 Comments of Basin, Docket EL21-75-000, #9 Exhibit H - September 22, 2021 Comments of Basin, Docket ER21-2818-000, #10 Exhibit I - October 13, 2021 Basin Motion for Leave to Answer, Docket ER21-2818-000, #11 Exhibit J - October 26, 2021 Basin Motion for Leave to Answer, Docket EL21-75-000, #12 Exhibit K - September 23, 2021 Echtman Letter, #13 Exhibit L - December 29, 2021 NRPPD Notice of Intent to Withdraw, #14 Exhibit M - December 14, 2021 United Power Notice of Intent to Withdraw, #15 Exhibit N - January 4, 2022 Tri-State Motion for Leave to Answer, #16 Exhibit O - January 5, 2022 Echtman Letter, #17 Exhibit P - January 19, 2022 Sturhahn Response Letter to Echtman, #18 Exhibit Q - April 21, 2022 Order Denying Clarification and Waiver, #19 Exhibit R - April 29, 2022 NRPPD Notice of Intent to Withdraw, #20 Exhibit S - April 29, 2022 United Power Notice of Intent to Withdraw, #21 Exhibit T - September 29, 2022 FERC Initial Decision--Public, #22 Exhibit February 24, 2023 Motion to Lodge, #23 Exhibit V - March 13, 2023 Answer to Motion to Lodge, #24 Exhibit W - March 13, 2023 Opposition to Motion to Lodge, #25 Exhibit X - March 28, 2023 Answer of Basin regarding Motion to Lodge, #26 Exhibit Y - November 13, 2023 NRPPD and Nebraska Power Press Release, #27 Exhibit Z - November 15, 2023 Lucas Letter, #28 Exhibit AA - November 27, 2023 Ingold Letter, #29 Exhibit BB - December 4, 2023 Simpson Letter, #30 Exhibit CC - January 4, 2022 Tri-State Answer)(pb) |
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| Search for this case: Basin Electric Power Cooperative v. Tri-State Generation and Transmission Association, Inc. | |
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| Plaintiff: Basin Electric Power Cooperative | |
| Represented By: | Randall J. Bakke |
| Represented By: | Jonathan Direnfeld |
| Represented By: | Lisa Simpson |
| Represented By: | Matthew D LaBrie |
| Represented By: | Shawn A. Grinolds |
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| Defendant: Tri-State Generation and Transmission Association, Inc. | |
| Represented By: | Joe Hykan |
| Represented By: | Ronald H. McLean |
| Represented By: | Frederick James Baumann |
| Represented By: | Ian Ronald McLean |
| Represented By: | Kenneth F Rossman, IV |
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| Intervenor: Northwest Rural Public Power District | |
| Represented By: | Richard M Lorenzo |
| Represented By: | Terry Curtiss |
| Represented By: | Andrew D. Cook |
| Represented By: | John David Taliaferro |
| Represented By: | Nicole Travers |
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