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United States Court Cases

District Of Columbia Court Of Appeals Record

OFFICE OF PEOPLE'S COUNSEL V. DC PUBLIC SERVICE COMM.

Case Information: 10-AA-1223
Short Caption:OFFICE OF PEOPLE'S COUNSEL V. DC PUBLIC SERVICE COMM.Classification:Agency - Administrative Agency - Public Service Commission
Lead:10-AA-1223Consolidated: 10-AA-1504
Superior Court or Agency Case Number:PSC1062Filed Date:10/04/2010

Opening Event Date:10/04/2010Case Status:Closed
Record Completed:12/30/2010Post-Decision Matter Pending:
Briefs Completed:03/08/2011
Argued/Submitted:04/26/2011
Disposition:Next Scheduled Action:
Mandate Issued:07/15/2011

Party Information
Appellate RoleParty NameIFPAttorney(s)Arguing AttorneyE-Filer
Intervenor-RespondentPotomac Electric Power Company (Pepco)N
Nicholas S. PennYY
Kavita T. Aildasani NN
PetitionerOffice of People's CounselN
Brenda K. Pennington NN
Randolph L. Elliot YN
RespondentD.C. Public Service CommissionN
Richard A. Beverly NN
Richard S. HerskovitzYY

Events
Event DateStatusDescriptionResult
10/04/2010PETITION OF APPEAL (No Fee due filed by OPC).
10/05/2010CERTIFIED COPY OF PETITION TO BOARD and Richard A. Beverly, Esq.
10/13/2010 On consideration of the petition for review regarding a matter before the Public Service Commission, it is ORDERED, sua sponte, that this petition for review is hereby expedited. See D.C. Code 34-605(a)(2001). It is F/O that respondent shall within 20 days from the date of this order prepare and transmit the agency record. See D.C. App. R. 17. (ETW)
10/27/2010NOTICE OF INTENT TO INTERVENE - from Potomac Electric Power Company (Pepco)
11/01/2010RECORD ON APPEAL
11/01/2010RECORD COMPLETED
11/08/2010 It appearing that the complete record on appeal has been filed iwth this court, it is ORDERED that petitioner's brief and the appendix including the documents required by D.C. App. R. 30 (a)(1), shall be filed no later than December 20, 2010, the briefs of respondent and intervenor shall be filed on or before January 19, 2011, and the reply brif of petitioner, if any, shall be filed no later than February 9, 2011. See D.C. App. R. 31. It is F/ORDERED that this case shall be placed on hte calendar of March, 2011. As these dates have been set to enable the court to schedule this case on this calendar, it is F/ORDERED that any request for extensions of time will be looked upon with disfavor and granted only upon a showing of extraordinary circumstances. (ETW)
11/08/2010LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING
11/10/2010RESPONDENT'S MOTION FOR SUMMARY AFFIRMANCE
11/15/2010TMC - motion for summary affirmance - oppo - reply - respondent's motion to file response - oppo - petitioner's motion to consolidate
11/17/2010PETITIONER'S ANSWER/RESPONSE to mot for summary affirmance.
11/22/2010RESPONDENT'S REPLY - to petitioner's response to motion for smmary affirmance
12/01/2010PETITIONER'S MOTION FOR LV TO FILE ANSWER/RESPONSEand response of petitioner
12/01/2010RECEIVED - petitioner's response (combined in motion)
12/03/2010RESPONDENT'S OPPOSITION- to motion for leave to respond and response of petitoner the office of the people counsel
12/06/2010PETITIONER'S MOTION TO CONSOLIDATE
12/09/2010RESPONDENT'S OPPOSITION - to petitioner's motion to consolidate
12/13/2010INTERVENOR'S OPPOSITION to pet's mot to consoli- date.
12/17/2010 ORDERED that PETITIONER'S MOTION FOR LEAVE TO FILE SURREPLY IS DENIED. It is *****MORE*****
12/17/2010 FURTHER ORDERED that RESPONDENT'S MOTION FOR SUMMARY AFFIRMANCE IS DENIED. It is *****MORE*****
12/17/2010 FURTHER ORDERED that PETITIONER'S MOTION TO CONSOLIDATE IS GRANTED and THESE PFR's ARE CONSOLIDATED for all purposes. It is *****MORE*****
12/17/2010 FURTHER ORDERED, SS, that THESE PFR's ARE HEREBY EXPEDITED. See DC ode 34-605(a)(2001). It is FURTHER ORDERED that RESPONDENT SHALL prepare and transmit the agency record in APPEAL NO 10AA1504 NO LATER THAN DECEMBER 30, 2010. See DC App. R. 17. It is *****MORE*****
12/17/2010 FURTHER ORDERED that PETITIONER'S CONSOLIDATED BRIEF AND APPENDIX including the documents required by DC App. R. 30 (a)(1) shall be filed NO LATER THAN JANUARY 31, 2011, the briefs of respondent and intervenor shall be filed on or before FEBRUARY 28, 2011 and the REPLY BRIEF OF PETITIONER, if any, shall be filed NO LATER THAN MARCH 14, 2011.... It is *****MORE*****
12/17/2010 FURTHER ORDERED that APPEAL NO 10AA1223 IS HEREBY REMOVED FROM THE MARCH 2011 CALENDAR and these consolidated petitions ARE PLACED ON THE APRIL 2011 CALENDAR. As these dates have been set to enable the court to schedule this case on this calendar. It is FURTHER ORDERED that any request for extensions of time will be looked upon with disfavor and granted only upon a showing of extraordinary circumstances. (THOBFA) (jl)
12/30/2010RECORD ON APPEAL (10-AA-1504)
12/30/2010RECORD COMPLETED (10-AA-1504)
01/19/2011LETTER TO COUNSEL/PARTY RE FUTURE CALENDARING ***APRIL 2011 CAlENDAR BRENDA PENNINGTON RICHARD BEVERLY
01/31/2011PETITIONER'S BRIEF
01/31/2011APPENDIX
02/07/2011LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING respondent
02/11/2011LETTER FROM COUNSEL/PARTY RE FUTURE CALENDARING Resp
02/17/2011RESPONDENT'S MOTION TO EXTEND TIME TO FILE BRIEF until March 7, 2011 (no oppo) (Public Service Commission)
02/25/2011 On consideration of respondent's motion for an extension of time within which to file the brief, to which no opposition has been filed, it is ORDERED that respondent's motion is granted and the brief of respondent shall be filed on or before March 7, 2011. (JAC) (BI and BPRB dates amended as per request in the 2/17/11 motion which was overlooked) ta
03/02/2011CALENDAR NOTICE SENT
03/07/2011INTERVENOR'S BRIEF
03/07/2011RESPONDENT'S BRIEF
03/08/2011BRIEFS COMPLETED
03/10/2011COUNSEL'S MOTION TO WITHDRAW FOR BUSINESS REASONS and Substitute Counsel. Granted
03/21/2011PETITIONER'S REPLY BRIEF
03/22/2011On cosideration of petitioner's motion for leave to withdraw Maggie A. Sallah, Esquire, as counsel for petitioner, and the request to substitute John Michael Adragna, Esquire, as attorney designated for oral argument for petitioner,it is ORDERED that the motion to withdraw is granted, and the Clerk is directed to withdraw the appearance of Maggie A. Sallah, Esquire, as counsel for petitioner. It is FURTHER ORDERED that the appearance of John Michael Adragna, Esquire is entered as the attorney designated for oral argument for petitioner in this proceeding. (JAC)
03/25/2011PETITIONER'S MISCELLANEOUS PROCEDURAL MOTION- to amend prior motion to substitute counsel of petitioner the office of the people's counsel
04/20/2011On consideration of petitioner's motion to substitute counsel, and motion to amend prior motion to substitute counsel, and it appearing that this matter is scheduled on the Regular Calendar of April 26, 2011, it is ORDERED on behalf of the merits division assigned to consider this matter that the motion to substitute counsel is granted, and the Clerk is directed to withdraw the appearance of John Michael Adragna, Esquire, as counsel for petitioner. It is FURTHER ORDERED that the appearance of Randolph Lee Elliot, Esquire, is entered as the attorney designated for oral argument for petitoner in this proceeding. (JAC)
04/26/2011FiledACTION - Argued / Submitted
04/26/2011FiledARGUED before Ruiz,Thompson,Nebeker. Randolph L.Elliot Esq.,for Petitioner. Richard A.Beverly Esq.,for Respondent.
04/27/2011LETTER- from respondent w/documents re: oral argument 4/26/11
06/23/2011FiledVACATED and REMAND (OPINION) (Ruiz and Thompson, Associate Judges; and Nebeker, Senior Judge.) (ORDERED AND ADJUDGED that we vacate Commission Orders 15381, 15989, 15915, and 16066, and remand with instruction.)
07/15/2011FiledMandate