Case 1:00-cv-00697-JFM
Document 185
Filed 04/11/2005
Page 1 of 3
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
WISCONSIN ELECTRIC POWER COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. No. 00-697C (Senior Judge Merow) Filed electronically: April 11, 2005
PLAINTIFF WISCONSIN ELECTRIC POWER COMPANY'S PROPOSED FINDING OF UNCONTROVERTED FACT Pursuant to Rule 56(h)(2) of the Rules of the Court of Federal Claims, and in support of its Opposition to Defendant's Cross-Motion for Summary Judgment Regarding Pre-Breach and Future Damages, Plaintiff Wisconsin Electric Power Company respectfully files this proposed finding of uncontroverted fact:
1.
Defendant plans to begin accepting spent nuclear fuel ("SNF") from
commercial nuclear utilities no earlier than 2010. Gov.'s Resp. to Utility Pls.' Joint First Set of Interrogs. at 56 (relevant portions included in App. to Wisconsin Electric's Reply and Resp.).
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Case 1:00-cv-00697-JFM
Document 185
Filed 04/11/2005
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Respectfully submitted this 11th day of April, 2005. s/Richard W. Oehler by s/Donald J. Carney Richard W. Oehler Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101-3099 Telephone: (206) 359-8419 Facsimile: (206) 359-9419 Attorneys for Plaintiff WISCONSIN ELECTRIC POWER COMPANY Of Counsel: Donald J. Carney Perkins Coie LLP 607 Fourteenth Street N.W. Washington, D.C. 20005 Telephone: (202) 434-1675 Facsimile: (202) 654-9113
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Case 1:00-cv-00697-JFM
Document 185
Filed 04/11/2005
Page 3 of 3
CERTIFICATE OF SERVICE I certify under penalty of perjury that, on April 11, 2005, I caused a copy of the foregoing PLAINTIFF WISCONSIN ELECTRIC POWER COMPANY'S PROPOSED FINDING OF UNCONTROVERTED FACT 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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