Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:99-cv-00447-CFL

Document 262

Filed 12/20/2006

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) BOSTON EDISON COMPANY, ) ) Plaintiff, ) ) v. ) UNITED STATES, ) ) Defendant. ) ) No. 99-447C ) No. 03-2626C ) (Judge Lettow) ENTERGY NUCLEAR GENERATION CO., ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) ) DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the Court of Federal Claims, defendant, the United States, respectfully requests an additional enlargement of time of two days, to and including December 22, 2006, to file its response to plaintiff Boston Edison Company's ("Boston Edison") "Motion For Leave To Take A Rule 30(b)(6) Deposition," which Boston Edison filed on December 1, 2006. Defendant's response is currently due on December 20, 2006. Defendant has previously requested an enlargement of time of two days for this purpose. However, we have attempted to reach counsel for Boston Edison and for Entergy Nuclear Generation Company to obtain their views as to the requested enlargement, but we have not yet heard whether they will oppose the motion.

Case 1:99-cv-00447-CFL

Document 262

Filed 12/20/2006

Page 2 of 4

We have worked diligently to prepare an appropriate response to Boston Edison's motion for filing today. However, the reviewer for this motion has been out of the office because of illness and has not had an adequate opportunity to participate in discussions regarding the content of our response. In addition, the plaintiff in Dairyland Power Cooperative v. United States, Case No. 04-cv-00106 (Fed. Cl.) (Damich, C.J.), recently filed a motion to compel Rule 30(b)(6) deposition testimony of Government witnesses on December 18, 2006. The subject Rule 30(b)(6) deposition notice in Dairyland contains topics similar to those requested by Boston Edison in its December 1, 2006 proposed Rule 30(b)(6) deposition notice. To ensure that we complete the review process, as well as consider the implications of the plaintiff's similar motion in Dairyland, we respectfully request that the Court grant this request for an additional two-day enlargement of time. For the foregoing reasons, defendant respectfully requests that the Court grant this motion.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

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Case 1:99-cv-00447-CFL

Document 262

Filed 12/20/2006

Page 3 of 4

OF COUNSEL: JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585 JOSHUA E. GARDNER SCOTT R. DAMELIN PATRICK B. BRYAN SONIA M. ORFIELD Trial Attorneys Department of Justice December 20, 2006

s/ Alan J. Lo Re by s/ Patrick B. Bryan ALAN J. LO RE Senior Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0226 Fax: (202) 307-2503

Attorneys for Defendant

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Case 1:99-cv-00447-CFL

Document 262

Filed 12/20/2006

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on this 20th day of December 2006, a copy of the foregoing "DEFENDANT'S MOTION FOR AN ENLARGEMENT OF TIME" 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/ Patrick B. Bryan

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