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