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

Case 1:07-cv-00184-LAS

Document 16-2

Filed 07/23/2007

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 STATUS REPORT REGARDING PLAINTIFFS' PETITION FOR A WRIT OF CERTIORARI Defendant respectfully submits this status report regarding plaintiffs' petition for a writ of certiorari from the United States Supreme Court. In our motion to stay this matter, we asserted that the Court should stay this case because the Supreme Court's reversal of BPA v. FERC, 422 F.3d 908 (9th Cir. 2005), could render a portion of this matter moot. In our reply to plaintiffs' response to our motion to stay, we informed the Court that plaintiffs' petition for a writ of certiorari, if any, was due on July 20, 2007. On July 20, two of the plaintiffs in Pacific Gas & Electric et al. v. United States, Nos. 07-157 and 07-167, filed with the Supreme Court an emergency application for an extension of time to file their petition, citing a decision issued that day by the United States Court of Appeals for the District of Columbia in Transmission Agency of Northern California v. FERC, ___ F.3d ___, 2007 WL 2067034 (D.C. Cir. July 20, 2007).

Case 1:07-cv-00184-LAS

Document 16-2

Filed 07/23/2007

Page 2 of 3

See Attachment A.1 Noting that their petition for a writ of certiorari was "finalized and ready to transmit to the printer," the petitioners requested that their deadline to file be extended to August 6, 2007. We are filing this status report because whether and when a petition for a writ of certiorari regarding BPA v. FERC is filed with the Supreme Court is directly related to our motion to stay this case. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/ Jeanne E. Davidson JEANNE E. DAVIDSON Director 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 23, 2007 Attorneys for Defendant 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

Attachment A consists of petitioners' emergency application to the Supreme Court for an extension of time, omitting the application's attached copy of the TANC v. FERC decision. 2

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Case 1:07-cv-00184-LAS

Document 16-2

Filed 07/23/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 23rd day of July, 2007, a copy of the foregoing "DEFENDANT'S 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