Free Stipulation - District Court of Federal Claims - federal

Case 1:99-cv-00447-CFL

Document 356

Filed 06/04/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) _________________________________________ ) ) ENTERGY NUCLEAR GENERATION CO., ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) _________________________________________ ) JOINT STIPULATIONS Pursuant to paragraph 17 of Appendix A of the Rules of the Court of Federal Claims, the parties respectfully submit the following joint stipulations. 1. On June 17, 1983, the United States Department of Energy ("Department of Energy") and Boston Edison Company ("Boston Edison") entered into contract # DE-CR0183NE44368 for the Disposal of Spent Nuclear Fuel and/or High-Level Radioactive Waste. This contract is also known as the "Standard Contract." On September 21, 1993, September 20, 1994, September 26, 1995, and September 29, 1998, Boston Edison submitted Delivery Commitment Schedules to the Department of Energy. On November 18, 1998, Entergy Nuclear Generation Company ("Entergy") and Boston Edison executed the Purchase and Sale Agreement for the Pilgrim Nuclear Power Station ("Pilgrim"). On April 29, 1999, the United States Nuclear Regulatory Commission approved the transfer of Pilgrim's operating license from Boston Edison to Entergy. BOSTON EDISON COMPANY,

No. 99-447C No. 03-2626C (Judge Lettow)

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Case 1:99-cv-00447-CFL

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On July 13, 1999, Entergy and Boston Edison completed the sale of Pilgrim. The Government is unaware that Boston Edison failed to meet any of its obligations under the Standard Contract. Pursuant to the Standard Contract, Boston Edison paid the one-time fee in the amount of $40,582,782 on June 27, 1985. Boston Edison also paid all one mil/KWh fees ("One Mil Fee") required under the Standard Contract, in an amount in excess of $48,500,000. Boston Edison agrees to dismiss with prejudice, Count III (Uncompensated Taking) of it Amended Complaint.

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Respectfully submitted,

s/Richard J. Conway by Stephen Finn RICHARD J. CONWAY Dickstein Shapiro Morin & Orshinsky LLP 2101 L Street, N.W. Washington, D.C. 20037 Tel: 202-828-2235 Fax: 202-887-0689 Counsel for Plaintiff Boston Edison Company

PETER D. KEISLER Assistant Attorney General

JEANNE E. DAVIDSON Director s/Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/Alan J. Lo Re by Stephen Finn ALAN J. LO RE Senior Trial Counsel Department of Justice Civil Division Commercial Litigation Branch 1100 L Street, N.W. ATTN: Classification Unit, 8th Floor Washington, D.C. 20530 Tel: 202-307-0226 Fax: 202-307-2503 OF COUNSEL: JOSHUA E. GARDNER Trial Attorney Civil Division Department of Justice 1100 L Street, NW Washington, D.C. 20530 JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585

s/L. Jager Smith, Jr. by Stephen Finn L. JAGER SMITH, JR. Wise Carter Child & Caraway, P.A. 1340 Echelon Parkway Jackson, NS 39213 Counsel for Plaintiff Entergy Nuclear Generation Company

June 4, 2007

Counsel for Defendant

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Case 1:99-cv-00447-CFL

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CERTIFICATE OF FILING I hereby certify that on this 4th day of June, 2007, a copy of foregoing "JOINT STIPULATIONS" 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. Parties may access this filing through the Court's system.

s/Stephen Finn