Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:07-cv-00184-LAS

Document 17-2

Filed 07/26/2007

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 SECOND STATUS REPORT REGARDING PLAINTIFFS' POTENTIAL PETITION FOR A WRIT OF CERTIORARI Defendant respectfully submits this status report regarding plaintiffs' potential petition for a writ of certiorari from the United States Supreme Court. As we informed the Court in our July 23, 2007 status report, two of the plaintiffs in Pacific Gas & Electric Co. v. United States, Nos. 07-157 and 07-167, filed with the Supreme Court on July 20, 2007, an emergency application for an extension of time to file a petition for a writ of certiorari in BPA v. FERC, 422 F.3d 908 (9th Cir. 2005). The Supreme Court has granted this application, allowing the petitioners until August 4, 2007, to file their petition. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director

Case 1:07-cv-00184-LAS

Document 17-2

Filed 07/26/2007

Page 2 of 3

OF COUNSEL: Sean B. McNamara Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Peter Burger Attorney Bonneville Power Administration John D. Bremer Attorney Western Area Power Administration July 26, 2007

s/ Mark A. Melnick MARK A. MELNICK Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L St., NW Washington, D.C. 20530 Tele: (202) 616-0475 Fax: (202) 305-7644

Attorneys for Defendant

2

Case 1:07-cv-00184-LAS

Document 17-2

Filed 07/26/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 26th day of July, 2007, a copy of the foregoing "DEFENDANT'S SECOND STATUS REPORT REGARDING PLAINTIFFS' PETITION FOR A WRIT OF CERTIORARI" 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