Free Status Report - District Court of Federal Claims - federal

Case 1:01-cv-00551-BAF

Document 165

Filed 06/06/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on June 6, 2007)

PSEG NUCLEAR, L.L.C. and PUBLIC SERVICE ELECTRIC AND GAS COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant.

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No. 01-551C (Judge Futey)

PLAINTIFFS' STATUS REPORT Pursuant to this Court's March 6, 2007 order, the Plaintiffs file this status report to update the Court regarding the progress of the arbitration involving Plaintiff PSEG Nuclear, L.L.C. and its corporate sibling PSEG Power, L.L.C. (together "PSEG") and the plaintiffs in Delmarva Power & Light Company v. United States, Nos. 04-34C & 04-36C ("Delmarva plaintiffs"). The parties filed their briefs and conducted limited discovery in the arbitration proceedings. On May 24, 2007, the arbitrators held a day-long arbitration. The arbitrators closed the record after the arbitration and, on May 31, 2007, the arbitrators met to consider the arbitration between PSEG and the Delmarva plaintiffs. On June 1, 2007, the arbitrators informed PSEG and the Delmarva plaintiffs that the arbitrators were in the process of preparing a decision, but provided no precise estimate of when they would issue a decision. Counsel for PSEG expect a decision within the next few weeks, perhaps as early as the week of June 11, 2007. Plaintiffs respectfully request that the stay remain in place in this case until a decision is issued in the arbitration proceedings and also request leave to inform the Court within 30 days of

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Case 1:01-cv-00551-BAF

Document 165

Filed 06/06/2007

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an arbitration decision. Counsel for the Defendant has stated that Defendant does not oppose this request. Dated: June 6, 2007 Of Counsel: Jay E. Silberg Daniel S. Herzfeld Jack Y. Chu PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037-1128 (202) 663-8000 (202) 663-8007 (fax) Respectfully submitted, s/ Alex D. Tomaszczuk by s/ Daniel S. Herzfeld Alex D. Tomaszczuk PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, Virginia 22102-4859 (703) 770-7940 (703) 770-7901 (fax) Counsel of Record for Plaintiffs PSEG Nuclear, L.L.C. and Public Service Electric and Gas Company

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