Free Notice (Other) - District Court of Federal Claims - federal

Case 1:98-cv-00621-ECH

Document 308

Filed 04/26/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS COMMONWEALTH EDISON COMPANY and EXELON GENERATION COMPANY, LLC, Plaintiffs, v. UNITED STATES, Defendant. ) ) ) ) ) Nos. 98-621C, 04-103C ) (Judge Hewitt) ) ) )

DEFENDANT'S NOTICE OF FILING ANSWER Defendant, the United States, respectfully submits this notice of the filing of its answer to the complaint that plaintiff, Exelon Generation Company, LLC ("Exelon"), filed in Docket No. 04-103C. Pursuant to this Court's order dated April 22, 2004, we are filing this answer to Exelon's complaint in the case file for Docket No. 98-621C. Unfortunately, it appears that the complaint which Exelon originally filed in Docket No. 04-103C is not currently referenced in Docket No. 98-621C, and, when we attempted to file our answer to Exelon's complaint in Docket No. 98-621C, the ECF system would not allow us to do so.1 To allow us to comply with the Court's April 22, 2004 order and to submit our answer to Exelon's complaint to the Court, we are filing this notice and attaching our answer to Exelon's complaint to it. To the extent that we need to request leave to file our answer to Exelon's complaint in Docket No. 98-621C, we respectfully request that the Court grant us leave to do so.

The only complaint that the ECF system identified when we attempted to file our answer in Docket No. 98-621C was the complaint that Commonwealth Edison Company filed in 1998.

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Case 1:98-cv-00621-ECH

Document 308

Filed 04/26/2004

Page 2 of 3

Respectfully Submitted, PETER D. KEISLER Assistant Attorney General s/ David M. Cohen DAVID M. COHEN Director

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

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305-7562 Fax: (202) 307-2503 Attorneys for Defendant

April 26, 2004

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Case 1:98-cv-00621-ECH

Document 308

Filed 04/26/2004

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 26th day of April 2004, a copy of foregoing "DEFENDANT'S NOTICE OF FILING ANSWER" 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.