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United States Court Cases

District Of Columbia Court Of Appeals Record

WASHINGTON GAS ENERGY SVCS., INC. V. D.C. PUBLIC SVC. COMM.

Case Information: 05-AA-0315
Short Caption:WASHINGTON GAS ENERGY SVCS., INC. V. D.C. PUBLIC SVC. COMM.Classification:Agency - Administrative Agency - Public Service Commission
Lead: 05-AA-0155 Consolidated: 05-AA-0157 , 05-AA-0315, 05-AA-0426
Superior Court or Agency Case Number:Filed Date:04/05/2005

Opening Event Date:04/05/2005Case Status:Closed
Record Completed:04/26/2005Post-Decision Matter Pending:
Briefs Completed:09/06/2005
Argued/Submitted:12/16/2005
Disposition:Next Scheduled Action:
Mandate Issued:04/03/2006

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
PetitionerWashington Gas Energy Services IncorporatedN
Karen B. Pancost NN
Telemac N. Chryssikos NN
RespondentD.C. Public Service CommissionN
Richard A. Beverly NN

Events
Event DateStatusDescriptionResult
04/05/2005PETITION FOR REVIEW
04/05/2005FILING FEE of $100.00.
04/06/2005CERTIFIED COPY OF PETITION TO BOARD and Richard A. Beverly, Esq.
04/11/2005 On consideration of the petitions for review regarding matters before the Publice Service Commission, it is (More)
04/11/2005ORDER, SUA SPONTE, CONSOLIDATING APPEAL NO. 05-AA-315 with previously consolidated petitions for reviews nos. 05-AA-155 & 05-AA-157 for all purposes herein. It is F/O, sua sponte, that petition for review no. 05-AA-315 is hereby expedited. It is F/O that respondent shall within 20 days from the date of this order prepare and transmit the administrative records. See D.C. App. R. 17. (BY: JAT)
04/11/2005CASE EXPEDITED
04/11/2005RESPONDENT'S ANSWER/RESPONSE - to petition for review
04/11/2005RECORD ON APPEAL 05AA155
04/11/2005RECORD ON APPEAL 05AA157
04/11/2005RECORD COMPLETED for 05-AA-315 (No separate record, see the Record in 05-AA-155 and 05-AA-157) ta
04/12/2005PETITIONER'S MOTION FOR STAY (Wash. Gas Energy)
04/18/2005RESP MOTION FOR LEAVE TO SUPPLEMENT THE RECORD no oppo
04/18/2005STATEMENT - from respondent regarding the court order of 4/11/05 and the administrative record
04/19/2005RESPONDENT'S OPPOSITION - to petitioner motion to stay pending appeal and motion for bond or security
04/25/2005TMC - Petr's motion for stay - Respondent's opposition - Respondent's motion to supplement record - Respondent's response to petition for review
04/26/2005ORDER DENYING PETITIONER MOTION FOR STAY Petitioner has not demonstrated a likelihood of cuccess on the merits or identified any irreparable harm. See Barry v. Washington Post Co., 529 A.2d 319, 321 (D.C. 1987); District of Columbia v. Group Ins. Admi., 633 A.2d 2, 23 (D.C. 1993). *** MORE ***
04/26/2005ORD GRANT RESP MO FOR LV TO SUPPLELENT THE RECORD and the Clerk shall file the documents attached thereto as a supplemental record. F/O that in light of respondent's April 18th Statement, that the order of April 11, 2005, is vacated tothe extent that it directs filing of the record. F/O that petitioners shall file their briefs on the merits within 40 days from the date of this order, that respondent shall file its brief 30 days thereafter, and petitioners their replies, if any, within 21 more days. See D.C. App. R. 31. (by: TERZNE)
04/26/2005SUPPLEMENTAL RECORD #1: Titled (Formal Case nos. GAS 04-3 & EAS 04-1)
04/26/2005RECORD COMPLETED
06/03/2005PETITIONER'S MOTION TO CONSOLIDATE w/05aa426 no oppo
06/06/2005PETITIONER'S BRIEF (Washington Gas Energy Service)
06/06/2005APPENDIX - (additional copies filed 6/15/05) ee (PEPCO) ee
06/06/2005PETITIONER'S BRIEF (Pepco Energy Service)
06/08/2005PTNR MOTION FOR LV TO FILE AMENDED/CORRECTED BRIEF and to file file a late appendix. (Washington Gas Energy Svcs.)
06/08/2005RECEIVED - aplt's corrected brief and appendix. (Washington Gas Energy Svcs.)
06/13/2005MOTION FOR LEAVE TO FILE APPENDIX (Pepco Energy Services (Petitioner for 05-AA-157))
06/13/2005RECEIVED Appendix (Pepco 05-AA-157)
06/15/2005 On consideration of the motion to consolidate, filed by Pepco Energy Services, Inc., the motion to accept the appendix out of time, filed by Pepco Energy Services, Inc.; and the motion of Washington Gas Energy Services, Inc., to correct typographical errors in its lodged corrected brief and to file a late appendix, to which no oppositions have been filed, and it appearing that the initial briefs of petitioners in petition for review nos. 05-AA-155, 05-AA-157 and 05-AA-315 have been filed, and it further appearing that these cases are expedited, it is (More)
06/15/2005ORDER GRANTING PETITIONER'S MOTION TO CONSOLIDATE and petition for review no. 05-AA-426 is hereby consolidated with previously consolidated petitions for review nos. 05-AA-155, 05-AA-157 and 05-AA-315 for all purposes herein. It is (More)
06/15/2005GRANT MOTION FOR LEAVE TO FILE APPENDIX to the extent that the Clerk shall file the lodged copies of the appendices to Pepco Energy Services, Inc.'s brief, nunc pro tunc to June 6, 2005. It is F/O, sua sponte, that petition for review no. 05-AA-426 is hereby expedited. It is (More)
06/15/2005ORD GRT PTNR MO FOR LV TO FL AMENDED/CORRECTED BRF to the extent that the Clerk shall file the lodged corrected brief and the appendix of Washington Gas Energy Services, Inc. It is F/O that, in petition for review no. 05-AA-426, petitioner shall file a supplemental brief and appendix, no later than July 18, 2005, and the consolidated brief of respondent shall be filed no later than August 17, 2005, and the reply briefs of petitioners, if any, shall be filed no later than September 7, 2005. See D.C. App. R. 31. It is F/O that these cases shall be placed on the calendar of December, 2005. As these dates have been set to enable the court to schedule these cases on this calendar, it is F/O that any requests for extensions of time will be looked upon with disfavor and granted only upon a showing of good cause. (BY: AMW)
06/15/2005LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING (December Calendar)
06/15/2005PETITIONER'S AMENDED/CORRECTED BRIEF (Washington Gas Energy Services, Inc.)
06/15/2005APPENDIX (Washington Gas Services, Inc.)
06/15/2005CASE EXPEDITED (05-AA-426)
07/18/2005PETITIONER'S SUPPLEMENTAL BRIEF/MEMORANDUM (Pepco energy services)
07/18/2005APPENDIX (pepco energy services)
08/17/2005RESPONDENT'S MOTION FOR SUMMARY AFFIRMANCE (BY: DISTRICT OF COLUMBIA) LW
08/17/2005RECEIVED - respondent's point & authorities in support of respondent's motion for summary affirmance affirmance or in the alternative, reply brief of respondent
08/18/2005TMC - (D.C.'s) motion for summary affirmance - points and authorities in support of - petitioner's (WASHINGTON GAS) response - petitioner's (PEPCO) response
08/24/2005PETITIONER'S ANSWER/RESPONSE to Public Service Commission for summary affirmance (BY: WASHIGNTON GAS ENGERGY SERVICES INC.) LW
08/25/2005PETITIONER'S MOTION FOR SUMMARY REVERSAL and MOTION FOR EXPEDITED DECISION ON BRIEFING and response to motion for summary affirmance (BY: PEPCO) LW
08/30/2005PETITIONER'S ANSWER/RESPONSE - to cross motion of PEPCO for summary reversal and an expedited decision on briefing schedule LW
09/02/2005RESPONDENT'S MOTION FOR LV TO FILE ANSWER/RESPONSE to petitioner's motion for summary reversal (BY: D.C. PUBLIC SERVICE COMMISSION) LW
09/02/2005RECEIVED - Respondent's response to petitioner's motion for summary reversal
09/06/2005ORDER GRANT RESP MO FOR LV TO FILE ANSWER/RESPONSE and the Clerk shall file the lodged response. It is *****MORE*****
09/06/2005RESPONDENT'S ANSWER/RESPONSE *****MORE*****
09/06/2005ORDER DENYING RESP MOTION FOR SUMMARY AFFIRMANCE NEITHER the law nor the facts are clear and thus this matter is not ripe for summary disposition. See Oliver T. Carr Mgm't, Inc. v. Nat'l, Inc., 397 A.2d 914, 915 (D.C. 1979). It is *****MORE*****
09/06/2005 FURTHER ORDERED that respondent's alternative request is granted and the Clerk shall file respondent's motion for summary affirmance as its brief on the merits. It is *****MORE*****
09/06/2005RESPONDENT'S BRIEF (DC PUBLIC SERVICE COMMISSION) ****motion for summary affirmance filed as BRIEF per 9/6/05 order *****MORE*****
09/06/2005ORDER DENY PETITIONER MOTION FOR SUMMARY REVERSAL Neither the law nor the facts are clear and thus this matter is not ripe for summary disposition. See T. Carr Mgm't, INc., v Nat'l Deli., Inc. It is *****MORE*****
09/06/2005ORDER DENYING PETITIONER MOTION TO EXPEDITE APPEAL AS MOOT since the matter is already scheduled for the December 2005 calendar. It is ******MORE******
09/06/2005 FURTHER ORDERED that petitioners shall file their reply briefs, if any, within 21 days from the date of this order. See D.C. App. R. 31. (TEFANW)
09/06/2005BRIEFS COMPLETED
09/07/2005RECEIVED - petitoiner's reply to response of Public Service Commission of the D.C. to motion for summary reversal of Pepco ENERGY Services, Inc.,
09/27/2005PETITIONER'S REPLY BRIEF (Washington Gas)
09/27/2005PETITIONER'S REPLY BRIEF - (Pepco Energy Srv)
09/27/2005LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING
10/27/2005CALENDAR NOTICE SENT
12/06/2005RESPONDENT'S MISCELLANEOUS PROCEDURAL MOTION to correct typographical errors in respondent's brief anf to add pages inadvertently omitted from agency record at WGES R. 58, order no. 13478
12/16/2005FiledACTION - Argued / Submitted
12/16/2005ARGUED before Judges Schwelb, Reid, Fisher Peter E. Meier, Esq. for petitioner Pepco Karen B. Pancost, Esq. for petitioner Wash Gas Marc J. Williams, Esq. for respondent
12/22/2005On consideration of the respondent's motion to correct typographical errors in respondent's brief and to add pages inadvertently omitted from agency record a WGES R.58, order no. 13478, it is ORDERED that the motion is granted and the Clerk shall file the lodged corrected errors and the inadvertently omitted pages from respondent's brief. (TE,FA,NW)
12/22/2005RESPONDENT'S SUPPLEMENTAL BRIEF/MEMORANDUM (corrected errors and the inadvertently omitted pages from respondent's brief)
03/09/2006REMANDED Opinion (Schwelb, Reid, Fisher) and Judgment remanding orders on review to respondent for proceedings consistent with said opinion.
04/03/2006MANDATE ISSUED