Basin Electric Power Cooperative v. Tri-State Generation and Transmission Association, Inc.
Plaintiff: Basin Electric Power Cooperative
Defendant: Tri-State Generation and Transmission Association, Inc.
Intervenor: Northwest Rural Public Power District
Case Number: 3:2024cv00008
Filed: January 12, 2024
Court: US District Court for the District of North Dakota
Presiding Judge: Alice R Senechal
Referring Judge: Peter D Welte
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 2201 Constitutionality of State Statute(s)
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 7, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2024 Opinion or Order 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)
March 7, 2024 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)
March 6, 2024 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)
March 6, 2024 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)
March 6, 2024 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)
March 6, 2024 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)
March 6, 2024 Filing 43 AFFIDAVIT of Chance Briscoe re #42 Response to Motion by Northwest Rural Public Power District. (Cook, Andrew)
March 6, 2024 Filing 42 RESPONSE to Motion re #14 MOTION for Preliminary Injunction filed by Northwest Rural Public Power District. (Cook, Andrew)
March 4, 2024 Opinion or Order 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).
March 4, 2024 Filing 40 Minute Entry for proceedings held before Chief Judge Peter D. Welte: Status Conference held on 3/4/2024. (Court Reporter kk) (lh)
March 4, 2024 Set/Reset Deadlines as to #14 MOTION for Preliminary Injunction . Responses due by 3/6/2024. Replies due by 3/20/2024. (sj)
February 29, 2024 Opinion or Order 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)
February 29, 2024 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)
February 29, 2024 Filing 37 NOTICE of Change of Address by Jonathan Direnfeld (Direnfeld, Jonathan)
February 28, 2024 Opinion or Order 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)
February 28, 2024 Opinion or Order 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)
February 28, 2024 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).
February 28, 2024 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).
February 28, 2024 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)
February 28, 2024 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)
February 28, 2024 Filing 30 MEMORANDUM in Support re #29 MOTION to Intervene filed by Northwest Rural Public Power District. (Cook, Andrew)
February 28, 2024 Filing 29 MOTION to Intervene by Northwest Rural Public Power District. (Cook, Andrew)
February 26, 2024 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)
February 22, 2024 Filing 27 REPLY to Response to Motion re #14 MOTION for Preliminary Injunction filed by Basin Electric Power Cooperative. (Simpson, Lisa)
February 15, 2024 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).
February 7, 2024 Opinion or Order 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).
February 6, 2024 Filing 24 MOTION for Extension of Time to File Answer re #1 Complaint,,,,,,,, by Tri-State Generation and Transmission Association, Inc.. (McLean, Ian)
February 6, 2024 Filing 23 NOTICE of Appearance by Ian Ronald McLean on behalf of Tri-State Generation and Transmission Association, Inc. (McLean, Ian)
February 6, 2024 Filing 22 NOTICE of Appearance by Ronald H. McLean on behalf of Tri-State Generation and Transmission Association, Inc. (McLean, Ronald)
February 5, 2024 Filing 21 MOTION for Hearing re #14 MOTION for Preliminary Injunction by Basin Electric Power Cooperative. (Simpson, Lisa)
February 2, 2024 Opinion or Order 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)
February 2, 2024 Filing 19 Corporate Disclosure Statement by Basin Electric Power Cooperative. (Simpson, Lisa)
February 2, 2024 DOCKET CORRECTION re: #16 AFFIDAVIT. Clerk's Office added more complete descriptions to attachments and clarified docket text. (sc)
February 1, 2024 Filing 18 AFFIDAVIT OF EXPERT MARY McBRIDE re #14 MOTION for Preliminary Injunction by Basin Electric Power Cooperative. (Simpson, Lisa)
February 1, 2024 Filing 17 AFFIDAVIT OF REBECCA A. KERN re #14 MOTION for Preliminary Injunction by Basin Electric Power Cooperative. (Simpson, Lisa)
February 1, 2024 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).
February 1, 2024 Filing 15 MEMORANDUM in Support re #14 MOTION for Preliminary Injunction filed by Basin Electric Power Cooperative. (Simpson, Lisa)
February 1, 2024 Filing 14 MOTION for Preliminary Injunction by Basin Electric Power Cooperative. (Simpson, Lisa)
February 1, 2024 Opinion or Order Filing 13 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #11 Motion to Appear Pro Hac Vice for Attorney Joseph Hykan. (jb)
January 31, 2024 Filing 12 Corporate Disclosure Statement by Tri-State Generation and Transmission Association, Inc.. (Hykan, Joe)
January 31, 2024 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)
January 31, 2024 Opinion or Order 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)
January 31, 2024 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)
January 31, 2024 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).
January 19, 2024 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)
January 16, 2024 Opinion or Order 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)
January 12, 2024 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).
January 12, 2024 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).
January 12, 2024 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).
January 12, 2024 Filing 2 Summons Issued as to Tri-State Generation and Transmission Association, Inc. (pb)
January 12, 2024 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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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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