Free Motion for Leave to Exceed Page Limit - District Court of Federal Claims - federal

Case 1:07-cv-00157-LAS

Document 30

Filed 01/31/2008

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ________________________________________________ ) PACIFIC GAS AND ELECTRIC COMPANY, ) SOUTHERN CALIFORNIA EDISON COMPANY, ) AND CALIFORNIA ELECTRICITY ) OVERSIGHT BOARD, ) ) Plaintiffs, ) ) v. ) No. 07-157C ) (Senior Judge Smith) ) THE UNITED STATES, ) ) Defendant. ) ________________________________________________) ) SAN DIEGO GAS & ELECTRIC CO., ) ) Plaintiff, ) No. 07-167C ) (Senior Judge Smith) v. ) ) ) THE UNITED STATES, ) ) Defendant. ) ) DEFENDANT'S MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF 40 PAGES Pursuant to Rule 5.2(b)(1) of the Rules of the United States Court of Federal Claims,1 defendant, the United States, respectfully requests leave of the Court to file a response to plaintiffs' complaints that exceeds the 40-page limit specified by RCFC 5.2(b)(1). As we have noted in previous filings, these are complex cases involving a sophisticated regulatory regime. The complaints present numerous claims about multiple sets of transactions engaged in by two

Rule 5.2(b)(1) provides that, "[e]xcept by leave of the court on motion, a party's initial brief or memorandum shall not exceed 40 pages . . . ."

1

Case 1:07-cv-00157-LAS

Document 30

Filed 01/31/2008

Page 2 of 3

different agencies in two separate markets governed by two different tariffs. Each tariff is hundreds of pages in length. Moreover, the underlying facts involve the protracted events of the California energy crisis of 2000-2001, which has been the subject of its own history of lengthy related administrative and judicial litigation. We have made a diligent effort to limit the length of our brief, but in light of the complexity of this case, we require additional pages to respond to plaintiffs' complaints. Respectfully submitted, JEFFREY S. BUCHOLTZ 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 January 31, 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-00157-LAS

Document 30

Filed 01/31/2008

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 31st day of January, 2008, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE BRIEF IN EXCESS OF 40 PAGES" 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