Free Response - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

Document 343

Filed 09/07/2007

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

No. 00-697C

PLAINTIFF'S OBJECTIONS TO DEFENDANT'S REVISED APPENDIX A, PARAGRAPH 16 EXHIBIT LIST Pursuant to the Court's June 7, 2007 Order, Plaintiff Wisconsin Electric Power Company ("WE") asserts its objections to Defendant's Revised Appendix A, Paragraph 16 Exhibit List filed on September 5, 2007. WE's objections are listed in the table at Attachment A, "Plaintiff's Revised Objections to Defendant's Trial Exhibits." Additionally, WE objects to several of the Government's new exhibits because they are outside the scope of the Court's June 7, 2007 order. The Court's Order only granted leave for the parties to file amended or supplemental pretrial submissions to "reflect the updated costs involved" in WE's Second Amended Complaint. Seven of the ten new Government exhibits do not meet this standard. The Government has included several exhibits which are excerpts of WE's damages experts' reports that WE is not offering in evidence in this action. WE produced these documents to the Government on July 14, 2005. The Government has offered no basis for the Government to now add exhibits numbered 248, 249, 363, and 364 at this late date. Likewise, the Government has offered no basis for why it may now add new Government exhibits 614 and 615, which relate to the DCS process and were authored in 1991. The documents plainly have no bearing on updated costs. Furthermore, new

28795-0001/LEGAL13544961.1

Case 1:00-cv-00697-JFM

Document 343

Filed 09/07/2007

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Government exhibit 617 is a 2002 report regarding nuclear fuel cycle costs. The document on its face cannot relate to updated 2006/7 costs. To the extent that the Government may seek to amend its Revised Exhibit List to identify additional exhibits, WE reserves its right to object to any such exhibits. WE reserves the right to amend its objections to Defendant's Exhibits at trial depending upon the nature of the testimony of the sponsoring witness or as may otherwise be permitted by the Court in the interests of justice. For the foregoing reasons, WE requests that the Court exclude Government exhibits 248, 249, 363, 364, 614, 615, and 617 from inclusion on the Government's exhibit list. To the extent that the Court allows inclusion of any of these exhibits on the Government's list, WE hereby enters the attached objections. Dated: September 7, 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

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

Attorneys for Plaintiff WISCONSIN ELECTRIC POWER COMPANY

-228795-0001/LEGAL13544961.1

Case 1:00-cv-00697-JFM

Document 343

Filed 09/07/2007

Page 3 of 3

CERTIFICATE OF SERVICE
I certify under penalty of perjury that, on September 7, 2007, I caused a copy of the foregoing "Plaintiff's Objections to Defendant's Revised Appendix A, Paragraph 16 Exhibit List" 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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