Baker Electric Coop. v. PSC

890131 In the Matter of the Application
of Otter Tail Power Company for
a certificate of Public Convenience
and Necessity to Provide Electric
Service to Dakota Tribal Industries,
Inc., at Fort Totten, North Dakota
---------------
Baker Electric Cooperative, Inc., Petitioner
v.
Public Service Commission,
Leo Reinbold, Dale Sandstrom,
and Bruce Hagen as members of
the North Dakota Public Service
Commission, Respondents
and
Otter Tail Power Company, Respondent

Nature of Action: Writ of Prohibition (Civil)
Counsel:
Petitioner: Ackre Law Firm
Respondent: Wheeler Wolf
Respondent: Lawyer not licensed in N.D.
Respondent: William W. Binek , State Agency
Respondent: Illona A. Jeffcoat-Sacco , State Agency
Term: 09/1989   Argument: 09/20/1989  
NW cite: 451 N.W.2d 095

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Docket entries:
104/21/1989 PETITION FOR WRIT OF PROHIBITION (6 copies made)
204/21/1989 RESPONDENT BRIEF DUE: 04/28/1989
304/25/1989 Certification of Documents w/ copies from PSC
404/27/1989 RESPONDENT BRIEF (Otter Tail Power)
504/28/1989 RESPONDENT BRIEF (PSC)
605/03/1989 Court will treat as Supervisory Writ; the trial judge's
705/03/1989 writ of prohibition is suspened in so far as it prohibits
805/03/1989 the PSC from making findings and reaching a decision
905/03/1989 relative to the issue of public convenience & necessity
1005/03/1989 with the understaning that a hearing will be held in this
1105/03/1989 Court following the issuance of such findings & decision
1205/03/1989 and the PSC not be permitted to proceed with the order
1305/03/1989 to show casue as to whether Otter Tail should be held in
1405/03/1989 contempts, and the district court hearing scheduled for
1505/03/1989 May 5, 1989, be suspended until further Order
1605/15/1989 FINDINGS OF FACT, CONCLUSIONS AND ORDER OF PSC
1705/17/1989 Court directed that briefs addressing the issue of the
1805/17/1989 jurisdiction of the PSC be filed pursuant to the Rules of
1905/17/1989 Appellate Procedure & that the right to appeal on the
2005/17/1989 merits be held in abeyance pending determination on j/dx
2106/26/1989 PETITIONER BRIEF(no orig. filed --(requested orig. 6-27-89)
2207/07/1989 ORIGINAL PETITIONER BRIEF
2307/25/1989 RESPONDENT BRIEF (Otter Tail Power Co.)
2407/26/1989 RESPONDENT BRIEF (ND Public Service Commission)
2507/27/1989 Corrected page 20 of the Brief of Respondent Otter Tail Power
2610/05/1989 REPLY BRIEF OF RESPONDENT OTTER TAIL POWER COMPANY
2709/20/1989 APPEARANCES: Larry M. Baer for Petitioner; William W.
2809/20/1989 Binek, Asst. Atty. Gen., for Respondent PSC; Katherine E.
2909/20/1989 Sasseville, General Counsel for Otter Tail Power Co., and
3009/20/1989 R. W. Wheeler for Respondent Otter Tail Power Co.
3109/20/1989 ARGUED: Baer; Binek; Sasseville (Vol. R, pg. 77)
3209/20/1989 DOCUMENT RECEIVED IN OPEN COURT (Chronology of Cases)
3309/20/1989 Court requested simultaneous supplemental briefs regarding
3409/20/1989 the Brendale case and a chronological listing of cases
3509/20/1989 from Baker Electric by 4 p.m., October 2, 1989
3609/22/1989 SUPPL. CERT. OF RECORD (including transcripts dated 1-11-89,
3709/22/1989 1-12-89, 1-18-89, 1-19-89 (2 vols.), and exhibits)
3809/22/1989 (NOTE: CERTIFICATE OF RECORD WAS RECEIVED FROM PSC -- RETURN TO PSC WHEN MANDATE IS ISSUED)
3910/02/1989 SUPPLEMENTAL BRIEF OF PSC
4010/03/1989 SUPPLEMENTAL BRIEF OF BAKER ELECTRIC
4110/03/1989 SUPPLEMENTAL BRIEF OF OTTER TAIL POWER
4210/03/1989 The above briefs were distributed to the Court
4310/05/1989 REPLY BRIEF OF RESPONDENT OTTER TAIL POWER COMPANY
4410/06/1989 MOTION FOR LEAVE TO FILE REPLY BIREF OF OTTER TAIL POWER CONTAINED IN REPLY BRIEF
4510/12/1989 ACTION BY SUPREME COURT (Court granted filing of the RYB of Otter Tail Power). GRANTED
4601/25/1990 DISPOSITION: PETITION/WRIT GRANTED
4701/25/1990 SPLIT OPINION: Meschke, Herbert L.
4801/25/1990 (Concurring in result): Levine, Beryl J.: CON/RES
4901/25/1990 COSTS ON APPEAL TAXED IN FAVOR OF NONE OF THE PARTIES
5002/07/1990 PETITION FOR REHEARING
5102/07/1990 (Note: Faxed copy also rec'd this date)
5202/08/1990 ADDENDUM TO RESPONDENT'S PETITION FOR REHEARING
5302/08/1990 MOTION FOR STAY OF MANDATE (see addendum)
5403/01/1990 ACTION BY SUPREME COURT. DENIED
5503/01/1990 ACTION BY SUPREME COURT (mandate stayed). GRANTED
5604/09/1990 Letter dated April 6 from Mr. Baer
5704/25/1990 Certification of Documents and Supplemental Certificate of
5804/25/1990 Record returned to Public Service Commission
5904/05/2001 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/01/2008