utility. The two larger utilities had, in fact, issued competing bids for the Readsboro company, as it would have melded into either service territory.

On Dec. 18, the Public Service Board, which oversees regulations for power generating facilities in the state, issued an order on status reports it has been receiving from CVPS, now GMP. According to the board, on Dec. 30 2011 it received a report from CVPS saying it was on track to complete the necessary improvements it agreed to do by Sept. 2012. In Nov. 7, 2012 GMP filed a report saying most of the improvements are done, but not all, and it expects to have everything complete by the end of June 2013. GMP also requested the docket for the sale be closed, as it448 F.3d 403
UNITED STATES ex rel. Michael G. New, Appellantv.Donald H. RUMSFELD, Secretary of Defense, and Francis J. Harvey, Secretary of the Army, Appellees.
No. 05-5023.
United States Court of Appeals, District of Columbia Circuit.
Argued February 16, 2006.
Decided May 23, 2006.

Appeal from the United States District Court for the District of Columbia (No. 96cv00033).
Herbert W. Titus argued the cause for appellant. With him on the briefs were Henry L. Hamilton, William J. Olson, and John S. Miles.
Kevin K. Robitaille, Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan and R. Craig Lawrence, Assistant U.S. Attorneys.
Before: RANDOLPH and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
Opinion for the Court filed by Senior Circuit Judge WILLIAMS.
WILLIAMS, Senior Circuit