Free Notice (Other) - District Court of Federal Claims - federal

Case 1:07-cv-00184-LAS

Document 52

Filed 06/17/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________________________ ) THE PEOPLE OF THE STATE OF CALIFORNIA ) EX REL. EDMUND G. BROWN JR., ATTORNEY ) GENERAL OF THE STATE OF CALIFORNIA, and the ) CALIFORNIA DEPARTMENT OF WATER ) RESOURCES BY AND THROUGH ITS ) CALIFORNIA ENERGY RESOURCES SCHEDULING ) DIVISION, ) ) Plaintiffs, ) ) v. ) No. 07-184C ) (Senior Judge Smith) ) THE UNITED STATES, ) ) Defendant. ) ________________________________________________) DEFENDANT'S CLARIFICATION OF ITS STATEMENT OF NON-OPPOSITION Defendant, the United States, respectfully submits this clarification to plaintiffs' motion for leave to file a surreply in response to our reply to plaintiffs' response to our motion to dismiss. Plaintiffs, the People of the State of California et al., represent that they have conferred with us and that we do not oppose their request to file a surreply. California accurately represents our conferral, which took place before the plaintiffs in PG&E v. United States, No. 07-157C, filed their surreply. We wish to clarify that we do not oppose California's request insofar as its surreply is limited to actually replying to the new evidence and argument that we present in our reply -- evidence and argument limited to the tariffs' choice of law provisions. We oppose any attempt by California to file a brief resembling that filed by the IOUs, which contains voluminous and improper new arguments. Respectfully submitted,

Case 1:07-cv-00184-LAS

Document 52

Filed 06/17/2008

Page 2 of 3

GREGORY G. KATSAS Acting Assistant Attorney General s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director OF COUNSEL: Sean B. McNamara Trial Attorney Department of Justice Peter Burger Attorney Bonneville Power Administration John D. Bremer Attorney Western Area Power Administration June 17, 2008 s/ Mark A. Melnick MARK A. MELNICK Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 616-0475 Fax: (202) 305-7644

Attorneys for Defendant

2

Case 1:07-cv-00184-LAS

Document 52

Filed 06/17/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 17th day of June, 2008, a copy of the foregoing "DEFENDANT'S CLARIFICATION OF ITS STATEMENT OF NON-OPPOSITION" 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. The parties may access this filing through the Court's system.

s/ Mark A. Melnick