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

Case 1:98-cv-00126-JFM

Document 819-2

Filed 06/14/2004

Page 1 of 5

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Case 1:98-cv-00126-JFM Document 819-2 Filed 06/14/2004 Page 2 of 5

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UNITED ST TES COURT OF FEDERAL CLAIMS

YANKEE ATOMIC ELECTRIC COMPANY, CONNECTICUT YANKEE ATOMIC POWER
COMPANY ,

MAINE ATOMIC POWER COMPANY,

Plaintiffs,
No.
THE UNITED STATES,

98-126C

98 - 154C 98 - 4 74C

Defendant.

Pages:

1 through 124

Place:
Date:

Washington, D. C.
May 4, 1999

HERITAGE REPORTING CORPORATION
Official Reporters 1220 L Street , N. , Suite 600 Washington , D. C. 20005 (2Q2) 6~- 4888

Case 1:98-cv-00126-JFM

Document 819-2

Filed 06/14/2004

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kind of a concept.

It is a little bit difficult though, as

I say, in our present circumstance of having this open
options about how we' re going to proceed.

The current submiss~on date

let just, as I
The current

say,

try to - -

I will try to wrap up here.

submission date is May 17.
THE COURT:

You probably have to index that, some

index too if you go that
MR. STOUCK:

route. Yes, yes.

Well, what we

where we
to

currently are -- and again, we

re pretty close, frankly,

being done, at least with the analysis -- or with the
analysis is that for all three cases, which has been a

substantial task, is not a per diem for the reason that

mentioned.

But I think it should not

be.

ve talked

about the per diem concept.

It should not be difficult once

the future -- the immediate future, the imminent
becomes a little more definite.

future,

It seems to me not a

difficul t task to

translate that into an annual number.

Submissions are currently due May 17.
THE COURT:

As you see, I' m

trying to avoid having

a trial on when they are going to actually pick it
MR. STOUCK:

up.

Well, we have informally broached the

subject with the government of a stipulation on that, Your

Honor.

I don t think that the Plaintiffs are the only

ones,

the Plaintiffs in Court, are the only ones who perceive that

Heritage Reporting Corporation

(202)_ 628-4888

Case 1:98-cv-00126-JFM

Document 819-2

Filed 06/14/2004

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that is kind of a hairy

issue.

We have not formally

broached the subject of a stipulation on that, but when we
file our findings of fact, as contemplated by the pretrial
order, it is going to be our suggestions going to be right

out there.

If the government likes it they can circle it or

not circle it -- I forget how it' s word ordered.
I think that when they see our filing -- I don

want to be overly ambitious but if I don t predict I would
suggest that we may start seeing eye- to-eye

on more issues.

There are some where we won

I don t want to be

misunderstood.
The May 17 day- to- day result -- the result of an
extension that we asked for some time ago - - . we can t meet
that date.

One of the reasons is that we just sort of
the course of preparing for today and

developed - - in

thinking about this dilemma that we have, this suggestion

that I' m now making ' sort
a lot of sense.

of dawned on us and we started

thinking about it and finally decided that we think it makes

We can file, I think, fairly soon thereafter.

don t want to be more definite than that today but if this
idea makes sense

- - I'

m talking about probably in

June.
done.

could hopefully talk with the government and get that

Again, to maybe repeat one too many times but I'll say
anyway, our proposal would be that we continue with Heritage Reporting Corporation (20.2)- 62 8 :- 4888

Case 1:98-cv-00126-JFM

Document 819-2

Filed 06/14/2004

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124
REPORTE~S - CERTIFICATE

DOCKET NO.
CASE TITLE:

98-126C, 98-154C and 98-474C

Yankee Atomic Electric Company
May 4, 1999

HEARING DATE:
LOCATION:

Washington, DC

I hereby certify that the proceedings and evidence are

contained fully and accurately on the tapes and notes
reported by me at the hearing in the above case before the
United States Court of Federal Claims.

Date:

May 4, 1999

~jlAJ'U
of f icial Reporter
Suite 600

Exl!iiff

Heritage Reporting Corporation

1220 L Street, N.

Washington, D.

C.

20005

Heri tage Reporting Corporation
(202) 628- 4888