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Case 1:98-cv-00614-JFM

Document 318

Filed 11/10/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS SOUTHERN NUCLEAR OPERATING, COMPANY, ALABAMA POWER COMPANY, and GEORGIA POWER COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) )

No. 98-614C (Senior Judge Merow)

DEFENDANT'S ANSWER TO PLAINTIFFS' AMENDED AND SUPPLEMENTAL COMPLAINT For its answer to the amended and supplemental complaint that the plaintiffs, Alabama Power Company, Georgia Power Company, and Southern Nuclear Operating Company (collectively, the "plaintiffs"), filed on September 23, 2005, defendant admits, denies, and alleges as follows: 1. Defendant incorporates by reference its responses to all paragraphs of the

plaintiffs' First Amendment to the Complaint, filed on October 4, 2004. 2. Denies the allegations contained in paragraph 2 that Southern Nuclear Operating

Company has paid fees to the Department of Energy ("DOE") pursuant to the Standard Contract; admits that Georgia Power Company and Alabama Power Company have paid fees to DOE since the filing of the original complaint on July 29, 1998; denies any remaining allegations contained in paragraph 2. 3. Denies the allegations contained in paragraph 3.

Case 1:98-cv-00614-JFM

Document 318

Filed 11/10/2005

Page 2 of 3

WHEREFORE, defendant requests that the Court enter judgment in its favor, order that the complaint be dismissed, and grant defendant such other and further relief as the Court may deem just and appropriate. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

OF COUNSEL: JANE K. TAYLOR Office of the General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585 STEPHEN FINN HEIDE L. HERRMANN MARIAN E. SULLIVAN Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

s/ John C. Ekman JOHN C. EKMAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 353-0897 Fax: (202) 307-2503 Attorneys for Defendant

November 10, 2005

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Case 1:98-cv-00614-JFM

Document 318

Filed 11/10/2005

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on this 10th day of November 2005, a copy of the foregoing "DEFENDANT'S ANSWER TO PLAINTIFFS' AMENDED AND SUPPLEMENTAL COMPLAINT," 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/ John C. Ekman