Free Order on Motion for Reconsideration - Rule 59(a) - District Court of Federal Claims - federal

Case 1:01-cv-00249-CFL

Document 165

Filed 08/12/2004

Page 1 of 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 01-249-C

(Filed: August 12, 2004) ____________________________________ ) TENNESSEE VALLEY AUTHORITY, ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ____________________________________)

ORDER The government's motion for reconsideration, filed on August 10, 2004, respecting this Court's decision reported at 60 Fed. Cl. 665 (2004), proceeds on erroneous premises. First, contrary to the government's motion, the Court made no "finding that TVA could receive damages beginning in 1995." Def.'s Mot. at 12. Rather, the Court explicitly found that "DOE breached its obligation to act on TVA's DCSs in good faith," 60 Fed. Cl. at 674, and that initially occurred in 1997. Second, causation is an element of proof regarding damages, and the Court specifically denied TVA's motion for summary judgment respecting damages. See 60 Fed. Cl. at 675-76. Defendant's motion for reconsideration is denied. It is so ORDERED.

s/ Charles F. Lettow Charles F. Lettow Judge