Free Stipulation - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

Document 350

Filed 09/21/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WISCONSIN ELECTRIC POWER COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. JOINT STIPULATION REGARDING ACCURACY OF PLAINTIFF'S COSTS The parties have worked together through the audit verification process envisioned by this Court regarding the costs through February 28, 2007 that are included in the claim filed by Wisconsin Electric Power Company ("WE"). In the interest of resolving the relative certainty of costs through February 28, 2007 included in WE's claim, the parties offer this joint stipulation. 1. The parties agree, with the two exceptions noted below, that all costs through (Senior Judge Merow)

No. 00-697C

February 28, 2007 that are included in WE's claim were incurred by WE and are traceable to and supported by WE's accounting records. These costs include (1) outside services and materials costs, (2) the NRC Power Reactors' Annual Fees, (3) employee expenses, (4) the Pension and Benefits Labor Adder, and (5) labor costs. In addition, the Government does not deny the accuracy of the budgeted Administrative and General cost rates used by WE in its claim. The Government, however, contests whether WE legally is entitled to recover these claimed monies in this action. 2. The Government contests the accuracy of the weighted average cost of capital

contained in WE's claim.

3.

The Government contests the accuracy of the calculated offset from WE's

claim for the procurement and installation of a temporary storage rack.

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Case 1:00-cv-00697-JFM

Document 350

Filed 09/21/2007

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4.

This stipulation is without waiver of or prejudice to the parties' rights.

Dated: September 21, 2007

Respectfully submitted, s/Richard W. Oehler by s/ Emily C.C. Poulin Richard W. Oehler Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101-3099 (206) 583-8419 Attorneys for Plaintiff WISCONSIN ELECTRIC POWER COMPANY

Of Counsel: Donald J. Carney Mary Rose Hughes Perkins Coie LLP 607 Fourteenth Street, N.W. Washington, D.C. 20005 (202) 434-1675

s/Sharon A. Snyder Sharon A. Snyder U.S. Department of Justice Commercial Litigation Branch Civil Division Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, DC 20530 Attorney for Defendant UNITED STATES

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Case 1:00-cv-00697-JFM

Document 350

Filed 09/21/2007

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CERTIFICATE OF SERVICE
I certify under penalty of perjury that, on September 21, 2007, I caused a copy of the foregoing "Joint Stipulation Regarding Accuracy of Plaintiff's Costs" to be 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/ Emily C.C. Poulin Emily C.C. Poulin

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