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: |
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| Term: | 09/1989  Argument: 09/20/1989 | |||||||||||||||
| NW cite: |
451 N.W.2d 095
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| 1 | 04/21/1989 | PETITION FOR WRIT OF PROHIBITION (6 copies made) | ||
| 2 | 04/21/1989 | RESPONDENT BRIEF DUE: 04/28/1989 | ||
| 3 | 04/25/1989 | Certification of Documents w/ copies from PSC | ||
| 4 | 04/27/1989 | RESPONDENT BRIEF (Otter Tail Power) | ||
| 5 | 04/28/1989 | RESPONDENT BRIEF (PSC) | ||
| 6 | 05/03/1989 | Court will treat as Supervisory Writ; the trial judge's | ||
| 7 | 05/03/1989 | writ of prohibition is suspened in so far as it prohibits | ||
| 8 | 05/03/1989 | the PSC from making findings and reaching a decision | ||
| 9 | 05/03/1989 | relative to the issue of public convenience & necessity | ||
| 10 | 05/03/1989 | with the understaning that a hearing will be held in this | ||
| 11 | 05/03/1989 | Court following the issuance of such findings & decision | ||
| 12 | 05/03/1989 | and the PSC not be permitted to proceed with the order | ||
| 13 | 05/03/1989 | to show casue as to whether Otter Tail should be held in | ||
| 14 | 05/03/1989 | contempts, and the district court hearing scheduled for | ||
| 15 | 05/03/1989 | May 5, 1989, be suspended until further Order | ||
| 16 | 05/15/1989 | FINDINGS OF FACT, CONCLUSIONS AND ORDER OF PSC | ||
| 17 | 05/17/1989 | Court directed that briefs addressing the issue of the | ||
| 18 | 05/17/1989 | jurisdiction of the PSC be filed pursuant to the Rules of | ||
| 19 | 05/17/1989 | Appellate Procedure & that the right to appeal on the | ||
| 20 | 05/17/1989 | merits be held in abeyance pending determination on j/dx | ||
| 21 | 06/26/1989 | PETITIONER BRIEF(no orig. filed --(requested orig. 6-27-89) | ||
| 22 | 07/07/1989 | ORIGINAL PETITIONER BRIEF | ||
| 23 | 07/25/1989 | RESPONDENT BRIEF (Otter Tail Power Co.) | ||
| 24 | 07/26/1989 | RESPONDENT BRIEF (ND Public Service Commission) | ||
| 25 | 07/27/1989 | Corrected page 20 of the Brief of Respondent Otter Tail Power | ||
| 26 | 10/05/1989 | REPLY BRIEF OF RESPONDENT OTTER TAIL POWER COMPANY | ||
| 27 | 09/20/1989 | APPEARANCES: Larry M. Baer for Petitioner; William W. | ||
| 28 | 09/20/1989 | Binek, Asst. Atty. Gen., for Respondent PSC; Katherine E. | ||
| 29 | 09/20/1989 | Sasseville, General Counsel for Otter Tail Power Co., and | ||
| 30 | 09/20/1989 | R. W. Wheeler for Respondent Otter Tail Power Co. | ||
| 31 | 09/20/1989 | ARGUED: Baer; Binek; Sasseville (Vol. R, pg. 77) | ||
| 32 | 09/20/1989 | DOCUMENT RECEIVED IN OPEN COURT (Chronology of Cases) | ||
| 33 | 09/20/1989 | Court requested simultaneous supplemental briefs regarding | ||
| 34 | 09/20/1989 | the Brendale case and a chronological listing of cases | ||
| 35 | 09/20/1989 | from Baker Electric by 4 p.m., October 2, 1989 | ||
| 36 | 09/22/1989 | SUPPL. CERT. OF RECORD (including transcripts dated 1-11-89, | ||
| 37 | 09/22/1989 | 1-12-89, 1-18-89, 1-19-89 (2 vols.), and exhibits) | ||
| 38 | 09/22/1989 | (NOTE: CERTIFICATE OF RECORD WAS RECEIVED FROM PSC -- RETURN TO PSC WHEN MANDATE IS ISSUED) | ||
| 39 | 10/02/1989 | SUPPLEMENTAL BRIEF OF PSC | ||
| 40 | 10/03/1989 | SUPPLEMENTAL BRIEF OF BAKER ELECTRIC | ||
| 41 | 10/03/1989 | SUPPLEMENTAL BRIEF OF OTTER TAIL POWER | ||
| 42 | 10/03/1989 | The above briefs were distributed to the Court | ||
| 43 | 10/05/1989 | REPLY BRIEF OF RESPONDENT OTTER TAIL POWER COMPANY | ||
| 44 | 10/06/1989 | MOTION FOR LEAVE TO FILE REPLY BIREF OF OTTER TAIL POWER CONTAINED IN REPLY BRIEF | ||
| 45 | 10/12/1989 | ACTION BY SUPREME COURT (Court granted filing of the RYB of Otter Tail Power). GRANTED | ||
| 46 | 01/25/1990 | DISPOSITION: PETITION/WRIT GRANTED | ||
| 47 | 01/25/1990 | SPLIT OPINION: Meschke, Herbert L. | ||
| 48 | 01/25/1990 | (Concurring in result): Levine, Beryl J.: CON/RES | ||
| 49 | 01/25/1990 | COSTS ON APPEAL TAXED IN FAVOR OF NONE OF THE PARTIES | ||
| 50 | 02/07/1990 | PETITION FOR REHEARING | ||
| 51 | 02/07/1990 | (Note: Faxed copy also rec'd this date) | ||
| 52 | 02/08/1990 | ADDENDUM TO RESPONDENT'S PETITION FOR REHEARING | ||
| 53 | 02/08/1990 | MOTION FOR STAY OF MANDATE (see addendum) | ||
| 54 | 03/01/1990 | ACTION BY SUPREME COURT. DENIED | ||
| 55 | 03/01/1990 | ACTION BY SUPREME COURT (mandate stayed). GRANTED | ||
| 56 | 04/09/1990 | Letter dated April 6 from Mr. Baer | ||
| 57 | 04/25/1990 | Certification of Documents and Supplemental Certificate of | ||
| 58 | 04/25/1990 | Record returned to Public Service Commission | ||
| 59 | 04/05/2001 | EXPUNGED - Nonpermanent record items destroyed |