Free Reply to Response to Motion - District Court of Federal Claims - federal

Case 1:06-cv-00305-MBH

Document 95-3

Filed 01/11/2008

Page 1 of 3

REPLY EXHIBIT 2

Case 1:06-cv-00305-MBH

Document 95-3

Filed 01/11/2008

Page 2 of 3

August 7, 2007

MAYER BROWN

ROW E
& MAW
VIA UPS

David N. Geier
Joseph A. Sergi

U.S. Deparment of Justice Tax Division, Room 7919 555 Four Street, N.W. Washington, DC 20001
Re: Consolidated Edison Companv of New York,

Inc. & Subsidiaries v. The United States,
Docket No. 06-305 T

Dear David and Joe:

With this letter and pleading, we are producing additional documents in response to Defendant's First Request for Production of Documents, as expanded by the Cour. The documents in this Twenty-Sixth Supplemental Response are bates-labeled as PF327251PF327397. We are also re-producing PF326744-99, the Consolidated Edison 1997 Anual
Report, in color.

On July 19, Defendant requested that Plaintiff carefully review the privilege log it had provided in connection with its Tenth Supplemental Response, as well as any subsequent privilege logs. Defendant fuer requested that Plaintiff combine all of its privilege claims into a single document. Plaintiff did as Defendant requested, and produced as Supp 25 its combined privilege log, as well as any documents that Plaintif determined were not protected by privilege.

On August 1, Defendant requested that Plaintiff review its claims of privilege regarding the NUON transaction, paricularly in light of the NUON-related documents that had been produced to Defendant by third parties. Plaintiff has done as Defendant requested, and produces with this letter and pleading its final combined privilege log, as well as any NUON or other leasing transaction-related documents that Plaintiff determined were not protected by privilege. All of these documents have been previously produced to Defendant; Plaintiff has now made all
of the claims uniform across the multiple non-identical copies of a paricular document. This

Twenty-Sixth Supplemental Response is, from Plaintiffs perspective, its final response and final
privilege log.

Pusuant to Cour of Federal Claims Rule 26(a), Plaintiff hereby notifes the Defendant

that it may rely upon any document produced in this Twenty-Sixth Supplement in support of its claims and/or defenses in the tral of this matter.

Benin Brussels Chanotle Chicago Cologne Frankfurt Houston London Los Angeles New York Palo Alto Pans Washingtn, D,C, Independent Mexico Cit Corrspondnt: Jauregui, Navarrte y Nader S,C.
Mayer, Brown, Rowe & Maw LLP operates in combination with our assiated English limited liabilty partnership in the offces liste above.

Case 1:06-cv-00305-MBH Mayer, Brown, Rowe & Maw LLP

Document 95-3

Filed 01/11/2008

Page 3 of 3

August 7, 2007
Page 2

Please contact me at (212) 506-2642 if you have any questions regarding this production.
S incerel y,

D~ F Alfe
David F. Abbott

Enclosures as stated
cc: Andrew Scher