Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:98-cv-00621-ECH

Document 319

Filed 05/13/2004

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)

EXELON'S MOTION TO SUPPLEMENT THE RECORD ON DEFENDANT'S MOTION FOR SUPPLEMENTAL FACT DISCOVERY Plaintiffs Exelon Generation Company, LLC and Commonwealth Edison Company (collectively "Exelon" or the "Plaintiff"), by their attorneys, respectfully move the Court to supplement the record on Defendant's Motion For Supplemental Fact Discovery (the "Motion") with the two attached exhibits relevant to the issues raised in the Government's Reply and to which counsel may seek to refer during the hearing set for May 14, 2004. In support of this motion, Exelon states as follows: 1. On May 10, 2004 the Government filed its Reply to Exelon's Response to

Defendant's Motion for Supplemental Fact Discovery (the "Reply"). In its Reply, the Government for the first time raised certain arguments relating to the course of fact discovery regarding Exelon's supposed change in the factual basis for its damages. (Reply at 2-3.) 2. Exelon disagrees with the Government's reply brief characterizations and

respectfully believes that certain correspondence between the parties may help Your Honor evaluate those characterizations. Exelon therefore respectfully requests leave to make the attached correspondence part of the record so that, if appropriate, counsel may refer to the correspondence during the hearing set for Friday, May 14, 2004.

Case 1:98-cv-00621-ECH

Document 319

Filed 05/13/2004

Page 2 of 3

WHEREFORE, Exelon respectfully requests that the Court grant Exelon leave to supplement the record on Defendant's Motion For Supplemental Fact Discovery with the attached exhibits. Dated: May 13, 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 319

Filed 05/13/2004

Page 3 of 3

Certificate of Filing I hereby certify that on this 13th day of May 2004, a copy of the foregoing "Exelon's Motion To Supplement The Record On 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