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

Case 1:98-cv-00621-ECH

Document 339

Filed 06/01/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS COMMONWEALTH EDISON COMPANY and EXELON GENERATION COMPANY, LLC, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) )

Nos. 98-621C and 04-103C (Consolidated) (Judge Hewitt)

PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION TO LIFT THE SEAL UPON DEFENDANT'S REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUPPLEMENTAL FACT DISCOVERY Plaintiffs Exelon Generation Company, LLC and Commonwealth Edison Company (collectively "Exelon") do not oppose the narrow relief requested in the Government's "Motion to Lift The Seal Upon Defendant's Reply To Plaintiff's Response To Defendant's Motion For Supplemental Fact Discovery" (the "Motion"). Exelon disagrees with many of the assertions and arguments in the Government's Motion, and continues to believe that the damages information contained in Exelon's expert disclosures is proprietary and confidential. However, with respect to the very limited relief requested by the Motion -- the Government's ability to publicly disclose (1) the total amount that Exelon has claimed as damages and (2) the total portion of damages which is for post-shutdown operations and maintenance -- Exelon has determined that it will not object. In so doing, Exelon does not waive, and expressly reserves, all of its arguments and

Case 1:98-cv-00621-ECH

Document 339

Filed 06/01/2004

Page 2 of 3

objections to the public filing or disclosure of any other information currently designated as confidential pursuant to the protective order, including all damages disclosures so designated. Dated: June 1, 2004 Respectfully submitted, By: _/s David A. Handzo (by /s Christopher Tompkins )_ DAVID A. HANDZO Jenner & Block LLP 601 Thirteenth Street, N.W. Suite 1200 South Washington, D.C. 20005 (202) 639-6000 telephone (202) 639-6066 fax COUNSEL FOR PLAINTIFFS EXELON GENERATION COMPANY LLC and COMMONWEALTH EDISON COMPANY, on their own behalf and on behalf of MidAmerican Energy Company, successor-in-interest to IowaIllinois Gas and Electric Company Of Counsel: Donald R. Cassling Norman M. Hirsch David Jiménez-Ekman Christopher Tompkins Jenner & Block LLP One IBM Plaza Chicago, IL 60611 (312) 222-9350 Thomas S. O'Neill Exelon Nuclear Cornerstone II 5th Floor 4300 Winfield Road Warrenville, IL 60555 (630) 657-3770

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Case 1:98-cv-00621-ECH

Document 339

Filed 06/01/2004

Page 3 of 3

Certificate of Filing I hereby certify that on this 1st day of June 2004, a copy of the foregoing "Plaintiffs' Response To Defendant's Motion To Lift The Seal Upon Defendant's Reply To Plaintiff's Response To Defendant's Motion For Supplemental Fact Discovery" 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 Christopher Tompkins

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