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

Case 1:00-cv-00697-JFM

Document 182

Filed 03/11/2005

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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)

DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT REGARDING PRE-BREACH AND FUTURE DAMAGES Pursuant to Rule 56(h)(1) of the Rules of the Court of Federal Claims, defendant, the United States, respectfully files these proposed findings of uncontroverted fact in support of its motion for summary judgment regarding the unavailability of pre-breach and future damages for plaintiff, Wisconsin Electric Power Company ("WEPCO"), in the claim for partial breach pending before the Court. 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. 2. WEPCO continues to perform its obligations, namely the payment of fees,

pursuant to the Standard Contract. Complaint, ¶¶ 1, 10. 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 any

Case 1:00-cv-00697-JFM

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commercial nuclear utilities pursuant to the Standard Contract. Order, dated October 8, 2004, at 2. 4. Plaintiffs seek to recover for the DOE's partial breach of the Standard Contract.

Complaint, Count One. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

OF COUNSEL: JANE K. TAYLOR Office of the General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

s/ Kevin B. Crawford KEVIN B. CRAWFORD Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-9640 Fax: (202) 307-2503 Attorneys for Defendant

March 11, 2005

Case 1:00-cv-00697-JFM

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CERTIFICATE OF FILING I hereby certify that, on March 11, 2005, a copy of foregoing "DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT REGARDING PRE-BREACH AND FUTURE DAMAGES" was 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/ Kevin B. Crawford