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

Case 1:00-cv-00697-JFM

Document 261

Filed 01/17/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WISCONSIN ELECTRIC POWER COMPANY, No. 00-697C Plaintiff, Senior Judge Merow v. THE UNITED STATES, Defendant. PLAINTIFF'S FIRST SUPPLEMENTAL DEPOSITION AND TRIAL TESTIMONY DESIGNATIONS Wisconsin Electric Power Company ("WE") respectfully submits additional designated deposition and prior trial testimony of Government witnesses that it intends to use as substantive evidence in its case-in-chief, and makes a few corrections to its original designations, filed December 18, 2006. A chart identifying the witnesses and specific transcript pages and lines is attached hereto as Attachment A. This testimony is admissible because it was elicited from Government agents and employees and is therefore admissible as substantive evidence pursuant to Fed. R. Evid. 801(d)(2) as admissions by a partyopponent. See Globe Savings Bank, F.S.B. v. United States, 61 Fed. Cl. 91, 96-97 (2004). Appendix A, paragraph 15(b) of the Rules of the Court of Federal Claims ("RCFC") provides that a party is required to file a motion for leave to present deposition testimony as substantive evidence only if that testimony is not otherwise admissible under Fed. R. Evid. 801(d). WE filed and served its December 18, 2006 deposition and prior trial testimony designations at that time even though it was not required under Appendix A or the current scheduling orders in order to put the Government on notice and to allow the Court to resolve in advance of trial any disputes on the admissibility of any designations. WE now submits this first supplement in order to correct certain errors and to designate deposition excerpts from depositions recently taken of NRC officials.

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Case 1:00-cv-00697-JFM

Document 261

Filed 01/17/2007

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WE seeks to have this admissible evidence admitted in advance of trial because doing so will streamline the parties' trial preparation and reduce trial time and cost. WE intends to file the actual transcript pages with the Court once the Government submits its counterdesignations and objections to WE's designations. WE also reserves the right to supplement further its designations as testimony in additional spent nuclear fuel deposition(s) and trial(s) may become available.

DATED : January 17, 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/Donald J. Carney 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

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Case 1:00-cv-00697-JFM

Document 261

Filed 01/17/2007

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CERTIFICATE OF SERVICE I certify under penalty of perjury that, on January 17, 2007, I caused a copy of the foregoing "Plaintiff's First Supplemental Deposition and Trial Testimony Designations" 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/Donald J. Carney Donald J. Carney

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