Free Status Report - District Court of Federal Claims - federal

Case 1:07-cv-00352-TCW

Document 20

Filed 08/11/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS PACIFIC GAS AND ELECTRIC COMPANY, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 07-352C (Judge Wheeler)

JOINT STATUS REPORT In accordance with this Court's July 15, 2008 Order Extending Stay in the abovecaptioned case, the parties respectfully submit the following joint status report requesting that the stay be lifted and proposing a schedule for future proceedings. I. INTRODUCTION On June 16, 2008, the Cogeneration Association of California and the Energy Producers and Users Coalition petitioned for panel rehearing of the United States Court of Appeals for the D.C. Circuit's ("the D.C. Circuit") Order in Western Area Power Administration, et al v. Federal Energy Regulatory Commission, No. 04-1090, et al ("WAPA v. FERC"). On July 10, 2008, the D.C. Circuit denied the petition for panel rehearing. On July 28, 2008, the D.C. Circuit issued its mandate. II. JOINT PROPOSAL FOR FURTHER PROCEEDINGS In light of the D.C. Circuit's issuance of a mandate in WAPA v. FERC, the parties jointly request that the Court lift the stay that has been in place since May 9, 2008. PG&E intends to move for summary judgment as to both liability and damages, pursuant to RCFC 56. PG&E does not intend to seek discovery prior to filing its summary judgment motion. The parties 1

Case 1:07-cv-00352-TCW

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Filed 08/11/2008

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propose the following briefing schedule for PG&E's summary judgment motion: September 29, 2008 October 27, 2008 November 10, 2008 PG&E files its motion for summary judgment The United States files its response to PG&E's motion for summary judgment PG&E files its reply to United States response to motion for summary judgment

If, upon consideration of PG&E's motion, the United States determines that a crossmotion for summary judgment or partial summary judgment is appropriate, the parties will file a status report by October 10, 2008, setting forth a proposed briefing schedule for any contemplated cross-motion by the United States. III. CONCLUSION For the reasons stated herein, the parties respectfully request that the Court lift the stay in the above-captioned proceeding, and adopt the proposed schedule for PG&E's motion for summary judgment. Respectfully submitted, GREGORY G. KATSAS Assistant Attorney General JEANNE E. DAVIDSON Director s/ Mark A. Melnick MARK A. MELNICK Assistant Director s/Kerry C. Klein KERRY C. KLEIN Attorney 77 Beale Street, B30A P.O. Box 7442 San Francisco, CA 94120 PACIFIC GAS & ELECTRIC Co. 2 s/J. Reid Prouty J. REID PROUTY Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W.

Case 1:07-cv-00352-TCW

Document 20

Filed 08/11/2008

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Tele: (415) 973-3251 Fax: (415) 973-5520

Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tele: (202) 305­7586 Fax: (202) 514-7969 Attorneys For Defendant

Attorney For Plaintiff August 11, 2008

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