Free Motion to Seal Document - District Court of Federal Claims - federal

Case 1:99-cv-00447-CFL

Document 294

Filed 05/03/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS BOSTON EDISON COMPANY, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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

ENTERGY NUCLEAR GENERATION CO., Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

DEFENDANT'S MOTION TO FILE CERTAIN OF DEFENDANT'S PRETRIAL MOTIONS UNDER SEAL Pursuant to the Protective Order entered by the Court in this case on August 22, 2001, defendant, the United States, respectfully requests leave of the Court to file certain pretrial motions, as well as the accompanying appendices, under seal. Counsel for the defendant notified counsel for plaintiffs, Boston Edison Company and Entergy Nuclear Generation Company, by telephone that defendant intended to file this motion. Counsel for plaintiffs have represented that plaintiffs have no objection to this motion. The Government intends to file its pretrial motions through the Court's Electronic Court Filing ("ECF") system. Certain of these motions contains excerpts from Boston Edison Company's expert reports. Boston Edison Company has designated their experts' reports as

Case 1:99-cv-00447-CFL

Document 294

Filed 05/03/2007

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confidential material in accordance with paragraph 2 of the Protective Order. Defendant intends to include discussions and quotes from these materials in the text of its motion and the accompanying appendix. Therefore, pursuant to paragraph 6 of the Protective Order, we respectfully request that the Court issue an order permitting defendant to file its pretrial motions and the accompanying appendices under seal. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director s/ Harold D. Lester HAROLD D. LESTER, JR. Assistant Director JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585 PATRICK B. BRYAN SCOTT R. DAMELIN STEPHEN FINN JOSHUA E. GARDNER SONIA ORFIELD Civil Division Department of Justice 1100 L Street, N.W. Washington, D.C. 20530 May 3, 2007 s/ Alan J. Lo Re ALAN J. LO RE Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tel: (202) 307-0226 Fax: (202) 307-2503

Attorneys for Defendant

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Case 1:99-cv-00447-CFL

Document 294

Filed 05/03/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 3rd day of May 2007, a copy of foregoing "DEFENDANT'S MOTION TO FILE CERTAIN OF DEFENDANT'S PRETRIAL MOTIONS UNDER SEAL" 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/Joshua E. Gardner