Case
File Name: PacifiCorp
EQC Docket Number: 10-2801
Date Opened: 2/26/2010
AG Attorney: Williamson
Prevailing Party: Party Settled
Date of Disposition: 10/9/2014
Date File Closed: 1/15/2015
Archive Date: 3/26/2018
Archive Box:
City: Kemmerer
County: Lincoln
DEQ File Number: MD-6042
Division: Air Quality
Case type: Orders of DEQ Requiring Approval
Hearing Examiner: Searle
Summary: PacifiCorp appeals specific requirements and conditions in BART Permit No. MD-6042 (regarding the Naughton Power Plant) and BART Permit No. MD-6040 (regarding the Jim Bridger power plant). PacifiCorp appeals these BART Permits and petitions for their review because the WDEQ Division of AQ acted outside its statutory authority and regulatory guidelines, and lacked a sufficient evidentiary basis, when WDAQ established certain emission controls and limitations for Nitrogen Oxides ("NOx") and Particulate Matter ("PM").
Hearing

Documents

 ViewDateTitleFiled ByDocument TypeStatus
2/26/2010Appeal and Petition for Review of BART PermitsHickeyPleadingAccepted
3/2/2010Response OrderBoalOrderAccepted
3/16/2010Entry of AppearanceHickeyPleadingAccepted
3/16/2010Motion for Admissions Pro Hac ViceHickeyPleadingAccepted
3/17/2010Order Granting Motion for Admission Pro Hac Vice of Mr. E. Blaine Rawson and Ms. Janna B. CusterSearleOrderAccepted
3/25/2010Motion for Admissions Pro Hac Vice JenkinsHickeyPleadingAccepted
Archived 3/25/2010Certificate of Compliance with Rule 11 Exhibit CHickey Accepted
3/29/2010Order Granting Motion for Admission Pro Hac Vice of Mr. Michael Glen JenkinsSearleOrderAccepted
4/1/2010Entry of Appearance VehrVehrPleadingAccepted
4/1/2010Entry of Appearance EllisEllisPleadingAccepted
4/1/2010DEQ's ResponseVehrPleadingAccepted
4/9/2010Scheduling OrderSearleOrderAccepted
4/15/2010DEQ's Waiver of Court Reporter for Pre-hearing ConferenceVehrPleadingAccepted
4/19/2010Pacificorp's Waiver of Court Reporter for Pre-hearing ConferenceCoppedePleadingAccepted
4/26/2010Order of ScheduleSearleOrderAccepted
6/30/2010Petitioner PacifiCorp's Motion for Partial Summary JudgmentCoppede-HickeyPleadingAccepted
6/30/2010Petitioner PacifiCorp's Memorandum in Support of Motion for Partial Summary JudgmentCoppede-HickeyPleadingAccepted
6/30/2010Petitioner PacifiCorp's Statement of Undisputed Facts in Of It's Motion for Partial Summary JudgmentCoppede-HickeyPleadingAccepted
7/30/2010Joint Stipulated Motion for Extension of Time to File DEQ's Response Until August 6, 2010Vehr-CoppedePleadingAccepted
7/30/2010Proposed Order Extending DEQ's Response Filing DeadlineVehr-CoppedePleadingAccepted
7/30/2010Order Extending DEQ's Response Filing DeadlineSearleOrderAccepted
8/6/2010Joint Motion for Protective Order and to File Certain Documents Under SealCoppede-VehrPleadingAccepted
8/6/2010Proposed Protective OrderVehrOrderAccepted
8/6/2010DEQ Exhibit ListVehrPleadingAccepted
8/6/2010DEQ's Response Opposing PacifiCorp's Motion for Partial Summary Judgment (Redacted)VehrPleadingAccepted
8/6/2010DEQ's Response to PacifiCorp's Statement of Undisputed Facts and Contentions of Genuine Issues of Fact to be Tried (Redacted)VehrPleadingAccepted
8/6/2010DEQ's Affidavit of Darla Potter in Response to PacifiCorp's Motion for Partial Summary Judgment (Redacted)VehrPleadingAccepted
8/6/2010DEQ's Affidavit of Chad Schlichtemeier in Response to PacifiCorp's Motion for Partial Summary Judgment (Redacted)VehrPleadingAccepted
8/6/2010DEQ's Affidavit of Cole Anderson in Response to PacifiCorp's Motion for Partial Summary Judgment (Redacted)VehrPleadingAccepted
8/6/2010DEQ's Affidavit of James (Josh) Nall in Response to PacifiCorp's Motion for Partial Summary JudgmentVehrPleadingAccepted
8/6/2010DEQ's Affidavit of Steve Dietrich in Response to PacifiCorp's Motion for Partial Summary JudgmentVehrPleadingAccepted
8/6/2010DEQ's Affidavit of Christine Anderson in Response to PacifiCorp's Motion for Partial Summary JudgmentVehrPleadingAccepted
8/20/2010Notice of Withdrawal of CounselCusterPleadingAccepted
8/26/2010Motion for Admissions Pro Hac Vice.MachlisCoppedePleadingAccepted
8/31/2010PacifiCorp's Reply in Support of It's Motion for Partial Summary Judgment on Conditions 17 and 18 of the Bridger Bart PermitCoppedePleadingAccepted
8/31/2010Supplement to Joint Motion for Protective Order and To File Certain Documents Under SealVehrPleadingAccepted
9/1/2010Order of HearingSearleOrderAccepted
9/1/2010Protective OrderSearleOrderAccepted
9/29/2010Transcript of Hearing 9-9-10WRSTranscriptAccepted
9/29/2010Transcript Confidential Part Hearing 9-9-10WRSTranscriptSealed
9/29/2010Transcript Hearing 2 9-9-10WRSTranscriptAccepted
10/5/2010Notice of Status HearingSearlePleadingAccepted
10/29/2010Joint Status Report and Motion to Set Matter for HearingVehrPleadingAccepted
11/9/2010Joint Motion for Approval of Settlement Agreement and DismissalCoppede-Rawson-VehrPleadingAccepted
11/19/2010Order Denying Pacificorp's Motion for Partial Summary JudgmentSearleOrderAccepted
11/19/2010Order of DismissalSearleOrderAccepted
6/20/2013Proposed Order to Withdraw as CounselVehrPleadingAccepted
6/20/2013Motion to Withdraw as CounselVehrPleadingAccepted
6/20/2013Entry of AppearanceWilliamsonPleadingAccepted
6/24/2013Order Granting Motion to Withdraw as CounselFairservisOrderAccepted
2/11/2014Joe Girardin agreed to receive service by emailJoe GirardinEmail Service Agreement 
9/16/2014Joint Motion for DismissalTyffanne MobleyPleading 
9/16/2014Proposed Order Granting DEQ and PacifiCorp's Joint Motion to DismissTyffanne MobleyPleading 
10/9/2014Order Granting DEQ and Pacificorp's Joint Motion to DismissTyffanne MobleyOrder 
10/9/2014Transcript - Hearing 7-10-14Tyffanne MobleyTranscriptAccepted

Exhibits

 ViewDateTitleFiled ByDocument TypeStatus
2/26/2010Exhibit A Appeal and PetitionHickeyFinal ExhibitAccepted
2/26/2010Exhibit B Appeal and PetitionHickeyFinal ExhibitAccepted
2/26/2010Exhibit C Appeal and PetitionHickeyFinal ExhibitAccepted
6/30/2010Exhibit A - Pacificorp's Motion for Partial Summary JudgmentCoppede-HickeyFinal ExhibitAccepted
6/30/2010Exhibit B - PacifiCorp's Motion for Partial Summary JudgmentCoppede-HickeyFinal ExhibitAccepted
6/30/2010Exhibit C - PacifiCorp's Motion for Partial Summary JudgmentCoppede-HickeyFinal ExhibitAccepted
6/30/2010Exhibit D - PacifiCorp's Motion for Partial Summary JudgmentCoppede-HickeyFinal ExhibitAccepted
6/30/2010Exhibit E - PacifiCorp's Motion for Partial Summary JudgmentCoppede-HickeyFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 1.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 2.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 3.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 4.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 5.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 6.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 7.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 8.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 9.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 10.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 11.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 12.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 13.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 14.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 15.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 16.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 17.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 18.Response to PacifiCorp's Motion for Partial Summary Judgment (Redacted)VehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 19.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
8/6/2010DEQ's Exhibit 20.Response to PacifiCorp's Motion for Partial Summary JudgmentVehrFinal ExhibitAccepted
11/9/2010Exhibit 1.BART Appeal Settlement Agreement to Joint Motion for Approval of SettlementVehr-Coppede-RawsonFinal ExhibitAccepted

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