Free Motion for Leave to File Out of Time - District Court of Federal Claims - federal

Case 1:98-cv-00614-JFM

Document 355

Filed 12/06/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
(Electronically Filed on December 6, 2006) SOUTHERN NUCLEAR OPERATING COMPANY, ALABAMA POWER COMPANY AND GEORGIA POWER COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

No. 98-614C (Senior Judge Merow)

PLAINTIFFS' MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF 40 MINUTES OUT OF TIME Plaintiffs Alabama Power Company, Georgia Power Company, and Southern Nuclear Operating Company, Inc. (collectively, "Southern") respectfully submit this Motion for Leave to File Supplemental Brief 40 Minutes Out of Time. Due to computer difficulties, Southern was unable to electornically file its Supplemental Brief by midnight Eastern Time December 5, 2006, as required by this Court's November 21, 2006 Order. By continuing to work on the difficulties, Southern was able to file it Supplemental brief by 12:40 a.m. Eastern Time ­ within 40 minutes of the deadline. Thus, there is no prejudice to the Government. Southern respectfully requrests that this Court grant this Motion for Leave to File Supplemental Brief 40 Minutes Out of Time.

Case 1:98-cv-00614-JFM

Document 355

Filed 12/06/2006

Page 2 of 3

Respectfully submitted, Dated: December 6, 2006 s/ M. Stanford Blanton M. Stanford Blanton BALCH & BINGHAM LLP 1710 Sixth Avenue North Birmingham, AL 35203 Telephone: (205) 226-3417 Facsimile: (205) 226-8798 COUNSEL OF RECORD FOR PLAINTIFFS Of Counsel: Ed R. Haden K. C. Hairston BALCH & BINGHAM LLP 1710 Sixth Avenue North Birmingham, AL 35203 Telephone: (205) 251-8100 Facsimile: (205) 226-8798 Ronald A. Schechter Jeffrey L. Handwerker Matthew M. Shultz ARNOLD & PORTER LLP 555 Twelfth Street, N.W. Washington, D.C. 20004-1202 Telephone: (202) 942-5000 Facsimile: (202) 942-5999

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Case 1:98-cv-00614-JFM

Document 355

Filed 12/06/2006

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 6th day of December, 2006, a copy of the foregoing "PLAINTIFFS' MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF 40 MINUTES OUT OF TIME" 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/ M. Stanford Blanton

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