Free Response to Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:00-cv-00697-JFM

Document 184

Filed 04/11/2005

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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 RESPONSE TO DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT REGARDING PRE-BREACH AND FUTURE DAMAGES 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 these responses to Defendant's proposed findings of uncontroverted fact: 1. WEPCO executed a Standard Contract with the Department of Energy

("DOE") for the removal of spent nuclear fuel from its Point Beach Nuclear Plant. Complaint, dated November 16, 2000, ¶¶ 1, 5, 9 and Ex. 1. Plaintiff agrees to the above proposed finding of uncontroverted fact. 2. WEPCO continues to perform its obligations, namely the payment of fees, pursuant to the Standard Contract. Complaint, ¶¶ 1, 10. Plaintiff agrees to the above proposed finding of uncontroverted fact. 3. DOE was obligated to begin to accept spent nuclear fuel ("SNF") from

commercial nuclear utilities by January 31, 1998, in accordance with the requirements of the Standard Contract, 10 C.F.R. § 961.11 (1983). DOE has not yet begun to accept SNF from

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Case 1:00-cv-00697-JFM

Document 184

Filed 04/11/2005

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any commercial nuclear utilities pursuant to the Standard Contract. Order dated October 8, 2004, at 2. Plaintiff agrees to the above proposed finding of uncontroverted fact. 4. Plaintiffs seek to recover for the DOE's partial breach of the standard

Contract. Complaint, Count One. Plaintiff agrees to the above proposed finding of uncontroverted fact, with the proviso that there is only one plaintiff in this action.

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 184

Filed 04/11/2005

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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 RESPONSE TO DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT REGARDING PRE-BREACH AND FUTURE DAMAGES 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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