Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:01-cv-00551-BAF

Document 161

Filed 03/20/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PSEG NUCLEAR L.L.C. and PUBLIC SERVICE ELECTRIC AND GAS COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant, ) ) ) ) ) ) ) ) ) ) ) )

No. 01-551C (Senior Judge Futey)

DEFENDANT'S MOTION FOR LEAVE TO FILE, UNDER SEAL, ELECTRONICALLY A COPY OF "PLAINTIFFS' SURREPLY IN RESPONSE TO THE UNITED STATES' FEBRUARY 28, 2007 REPLY TO DELMARVA POWER AND LIGHT COMPANY'S RESPONSE TO DEFENDANT'S MOTION TO CONSOLIDATE OR, IN THE ALTERNATIVE, FOR ISSUANCE OF A SUMMONS PURSUANT TO RCFC 14(a) AND NOTICE PURSUANT TO RCFC 14(b)" FILED IN DELMARVA POWER AND LIGHT COMPANY v. UNITED STATES Pursuant to the Court's General Order No. 42A, defendant, the United States, respectfully requests leave of the Court to file, under seal, electronically a copy of "Plaintiffs' Surreply In Response To The United States' February 28, 2007 Reply To Delmarva Power And Light Company's Response To Defendant's Motion To Consolidate Or, In the Alternative, For Issuance Of A Summons Pursuant To RCFC 14(a) And Notice Pursuant To RCFC 14(b)" filed by plaintiff, Delmarva Power and Light Company ("Delmarva"), on March 12, 2007. Pursuant to paragraph 7 of General Order No. 42A, no document to be placed under seal may be filed electronically unless and until authorized to do so by the Court. Because Delmarva Power and Light Company's surreply was filed under seal and because the instant case is designated as an electronic filing case, prior to filing, we require the Court's permission to file a copy of this

Case 1:01-cv-00551-BAF

Document 161

Filed 03/20/2007

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document, under seal, electronically. Upon the Court's granting of this motion, we will file electronically, under seal, a copy of Delmarva's surreply brief. Because the Government's motion to consolidate Delmarva and PSEG Nuclear has not been resolved, the Government believes that the Court should be informed of any orders or pleadings in Delmarva that may affect the Court's consideration of the Government's motion to consolidate. As we discussed in our response to PSEG's "Motion To Stay Further Proceedings Pending Completion Of Binding Arbitration" which we filed on February 27, 2007, simultaneous stays are necessary in this case and Delmarva pending a conclusion to Delmarva and PSEG's dispute resolution which leads to binding arbitration. Def. Reply 25-26. To ensure that the Court is aware of the status of proceedings in the Delmarva case, we respectfully seek leave to file Delmarva's surreply brief on the Government's motion to consolidate. For the foregoing reasons, we respectfully request that the Court grant the Government's motion for leave to file a copy of "Plaintiffs' Surreply In Response To The United States' February 28, 2007 Reply To Delmarva Power And Light Company's Response To Defendant's Motion To Consolidate Or, In the Alternative, For Issuance Of A Summons Pursuant To RCFC 14(a) And Notice Pursuant To RCFC 14(b)" filed in Delmarva Power and Light Company v. United States, No. 04-0034C (Fed. Cl.).

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Case 1:01-cv-00551-BAF

Document 161

Filed 03/20/2007

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Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

OF COUNSEL JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585

s/Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/Andrew P. Averbach by Stephen Finn ANDREW P. AVERBACH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 353-0527 Fax: (202) 307-2503 Attorneys for Defendant

STEPHEN FINN Civil Division Department of Justice 1100 L Street, N.W. Washington, D.C. 20530

March 20, 2007

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Case 1:01-cv-00551-BAF

Document 161

Filed 03/20/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 20th of March, a copy of foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE, UNDER SEAL, ELECTRONICALLY A COPY OF `PLAINTIFFS' SURREPLY IN RESPONSE TO THE UNITED STATES' FEBRUARY 28, 2007 REPLY TO DELMARVA POWER AND LIGHT COMPANY'S RESPONSE TO DEFENDANT'S MOTION TO CONSOLIDATE OR, IN THE ALTERNATIVE, FOR ISSUANCE OF A SUMMONS PURSUANT TO RCFC 14(a) AND NOTICE PURSUANT TO RCFC 14(b)' FILED IN DELMARVA POWER AND LIGHT COMPANY v. UNITED STATES " was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s\Stephen Finn