Free Exhibit List - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

Document 326

Filed 06/13/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS WISCONSIN ELECTRIC POWER COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. PLAINTIFF'S REVISED APPENDIX A, ¶ 16 EXHIBIT LIST Pursuant to the Court's June 7, 2007 order ("June 7 Order"), plaintiff Wisconsin Electric Power Company ("WE") hereby files its revised Appendix A, ¶ 16 Exhibit List. On April 10, 2007, WE filed Plaintiff's Motion for Leave to File a Second Amended and Supplemental Complaint. On May 25, 2007, WE then filed Plaintiff's Motion for Leave to File a Revised Appendix A, ¶ 16 Exhibit List ("WE's Revised Exhibit List Motion") to include thirty-nine new exhibits and to revise and clarify some of the information regarding the previously-listed exhibits. Most of the newly-identified exhibits related to 2006-2007 cost update information and related supporting documents. WE also added some documents as a result of additional discovery in 2007 relating to WE's NRC fee claim and other matters. See WE's Revised Exhibit List Motion at 1-2. Counsel for the Government authorized WE to state that the Government did not have a position regarding WE's Revised Exhibit List Motion and the Government did not file a responsive pleading. The Court's June 7 Order granted both parties leave "for amended or supplemental pretrial submissions to reflect the updated costs involved and responses thereto." Accordingly, WE is filing its amended and supplemental Appendix A, ¶ 16 Exhibit List (Attachment A to this pleading, "Revised Exhibit List") that includes exhibits for WE's 20062007 costs that are the subject of its Second Amended and Supplemental Complaint. (Senior Judge Merow)

No. 00-697C

28795-0001/LEGAL13316501.1

Case 1:00-cv-00697-JFM

Document 326

Filed 06/13/2007

Page 2 of 3

Attachment A to this pleading is the same document that WE sought leave to file on May 25, 2007. The Revised Exhibit List is to be used at trial for WE's case-in-chief or for rebuttal purposes. The Revised Exhibit List does not contain exhibits that WE may choose to use for impeachment or to refresh the recollection of a witness. WE reserves the right to use any exhibits identified on the Defendant's Exhibit List. WE also reserves the right to amend this list as the Rules of the Court of Federal Claims or the Court may allow. WE expects that the parties may stipulate to the accuracy of costs incurred by WE, but expressly reserves the right to amend this list to identify any such exhibits that should prove necessary. Dated: June 13, 2007 Of Counsel: Donald J. Carney Mary Rose Hughes Perkins Coie LLP 607 Fourteenth Street, N.W. Washington, D.C. 20005-2001 (202) 434-1675 Respectfully submitted, s/Richard W. Oehler by s/Emily C.C. Poulin Richard W. Oehler Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 (206) 359-8419 Phone (206) 359-9419 Fax Attorneys for Plaintiff WISCONSIN ELECTRIC POWER COMPANY

28795-0001/LEGAL13316501.1

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Case 1:00-cv-00697-JFM

Document 326

Filed 06/13/2007

Page 3 of 3

CERTIFICATE OF SERVICE I certify under penalty of perjury that, on June 13, 2007, I caused a copy of the foregoing "Plaintiff's Revised Appendix A, ¶ 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

28795-0001/LEGAL13316501.1