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

Case 1:01-cv-00551-BAF

Document 149

Filed 01/31/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on January 31, 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' UNOPPOSED MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL ELECTRONICALLY Pursuant to this Court's General Order 42A, Plaintiffs PSEG Nuclear, L.L.C. and Public Service Electric and Gas Company (collectively "PSEG"), by and through the undersigned counsel, respectfully request leave from the Court to file documents under seal electronically in this case. PSEG has prepared a motion in response to Defendant's (the "Government") January 5, 2007 "Motion To Consolidate Or, In The Alternative, For Issuance Of A Summons Pursuant To RCFC 14(a) And Notice Pursuant To RCFC 14(b)." This motion will contain information and attach excerpts from documents that have been designated by PSEG as Confidential Material pursuant to the protective order governing this case. 1 Because this case has been designated as an electronic filing case, Paragraph 7 of General Order 42A states that leave of the Court is By Order dated March 5, 2002, this case was "declared to be subject to the coordinated discovery proceedings" for the spent nuclear fuel damages cases in this Court. Although a protective order had been in place for the coordinated discovery proceedings at that time, an amended protective order was entered on May 9, 2002 (by Judge Sypolt, the presiding judge over coordinated discovery). Thus, PSEG understands that the "Agreement And Protective Order" attached to the Government's May 8, 2002 "Motion For Entry Of Amended Agreement And Protective Order, And Motion For Expedited Consideration" in the coordinated discovery proceedings operates as the protective order in this case.
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Case 1:01-cv-00551-BAF

Document 149

Filed 01/31/2007

Page 2 of 2

required for PSEG to file documents under seal electronically prior to any such filing. One of the undersigned counsel for PSEG (Daniel S. Herzfeld) has spoken to counsel for the Government, Mr. Andrew P. Averbach, who has represented that the Government does not oppose the instant motion for leave. Thus, for the foregoing reasons, PSEG respectfully requests that the Court enter an order allowing PSEG to file documents electronically under seal in this case.

Dated: January 31, 2007 Of Counsel: Jay E. Silberg Scott E. Pickens 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/ Jack Y. Chu 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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