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

Case 1:07-cv-00157-LAS

Document 15-2

Filed 07/26/2007

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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 AND ELECTRIC COMPANY, ) a California corporation, ) ) Plaintiff, ) ) v. ) No. 07-167C ) (Senior Judge Smith) THE UNITED STATES, ) ) Defendant. ) ________________________________________________) DEFENDANT'S SECOND 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. As we informed the Court in our July 23, 2007 status report, two of the plaintiffs in this matter 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.

Case 1:07-cv-00157-LAS

Document 15-2

Filed 07/26/2007

Page 2 of 3

Respectfully submitted, PETER D. KEISLER 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 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 Street, N.W. Washington, D.C. 20530 Tele: (202) 616-0475 Fax: (202) 305-7644

Attorneys for Defendant

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Case 1:07-cv-00157-LAS

Document 15-2

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