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

Case 1:98-cv-00621-ECH

Document 315

Filed 05/11/2004

Page 1 of 3

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

No. 98-621C, 04-103C (Judge Hewitt)

DEFENDANT'S MOTION TO PLACE UNDER SEAL "DEFENDANT'S REPLY TO EXELON'S RESPONSE TO DEFENDANT'S MOTION FOR SUPPLEMENTAL FACT DISCOVERY," AND MOTION FOR EXPEDITED CONSIDERATION Defendant, the United States, respectfully requests that the Court place "Defendant's Reply To Exelon's Response To Defendant's Motion For Supplemental Fact Discovery," filed with the Court on May 10, 2004, under seal and that the Court grant expedited consideration to this motion. There are two dollar figures identified in the Government's reply: (1) the total amount of the current damages claim that we received from plaintiff, Commonwealth Edison Company ("ComEd"), and (2) the total amount of ComEd's claimed estimate of the total future operating and maintenance costs at its projected dry storage facilities. After receiving our reply brief, counsel for plaintiffs informed us that ComEd views these two figures as constituting confidential and proprietary information subject to the protective order in this case. Although we are uncertain that the amount of ComEd's damages claim, which ComEd presumably would like this Court to enter as the amount of the judgment in this case, can constitute "confidential" information, we respectfully request that the Court place our filing under seal immediately,

Case 1:98-cv-00621-ECH

Document 315

Filed 05/11/2004

Page 2 of 3

pursuant to the terms of the existing protective order entered in this case, so that we may have an opportunity to research the appropriateness of designating the total amount of ComEd's damages claim as protected information.1 For the reasons stated herein, defendant respectfully requests that the Court grant defendant's motion on an expedited basis. Respectfully submitted, PETER D. KEISLER Assistant Attorney General s/David M. Cohen DAVID M. COHEN Director s/Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 305-7562 Fax: (202) 307-2503 Attorneys for Defendant

OF COUNSEL: JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585

May 11, 2004

Only the Government's reply brief itself need be placed under seal. The appendix to the reply brief does not contain any information that ComEd contends is protected. Accordingly, the appendix that we filed yesterday need not be placed under seal. -2-

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Case 1:98-cv-00621-ECH

Document 315

Filed 05/11/2004

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 11th day of May, 2004, a copy of foregoing "DEFENDANT'S MOTION TO PLACE UNDER SEAL 'DEFENDANT'S REPLY TO EXELON'S RESPONSE TO DEFENDANT'S MOTION FOR SUPPLEMENTAL FACT DISCOVERY,' AND MOTION FOR EXPEDITED CONSIDERATION" 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/Harold D. Lester, Jr.