Free Notice (Other) - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

Document 368

Filed 11/09/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS WISCONSIN ELECTRIC POWER COMPANY, Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 00-697C (Senior Judge Merow)

DEFENDANT'S TESTIMONY DESIGNATIONS Pursuant to the Court's August 16, 2007 order, defendant, the United States, respectfully designates the attached testimony to become part of the record of the trial in this case. The parties have agreed that testimony to include Mr. Robert Morgan's trial testimony in Northern States Power Company v. United States, No. 98-484C (Fed. Cl.) in its entirety as well as Wisconsin Electric Power Company's ("WEPCO") deposition and trial testimony designations and the Government's counter-designations of Mr. Morgan's testimony. The parties have also agreed that Mr. Loring Mills's trial testimony in Northern States, Yankee Atomic Power Company v. United States, No. 98-126C (Fed. Cl.), Pacific Gas & Electric v. United States, Nos. 04-0074, -0075C (Fed. Cl.), and System Fuels, Inc/Entergy Arkansas v. United States, No. 032623C (Fed. Cl.), would be submitted in its entirety as well. Further, the Government submits the counter-designations to Mr. Thomas Pollog's testimony as requested in our motion filed on October 15, 2007. In its response filed on October 29, 2007, WEPCO did not object to our submission of those counter-designations. Respectfully submitted, PETER D. KEISLER Assistant Attorney General

Case 1:00-cv-00697-JFM

Document 368

Filed 11/09/2007

Page 2 of 3

JEANNE E. DAVIDSON Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/ Sharon A. Snyder by s/ Russell A. Shultis SHARON A. SNYDER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Phone: (202) 305-9640 Fax: (202) 307-2503 Attorneys for Defendant November 9, 2007

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

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Case 1:00-cv-00697-JFM

Document 368

Filed 11/09/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify under penalty of perjury that, on November 9, 2007, a copy of "DEFENDANT'S TESTIMONY DESIGNATIONS" 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/ Russell A. Shultis