Free Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:98-cv-00614-JFM

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No. 98-614C (Senior Judge Merow) ______________________________________________________________________________ IN THE UNITED STATES COURT OF FEDERAL CLAIMS SOUTHERN NUCLEAR OPERATING COMPANY, ALABAMA POWER COMPAN Y, AND GEORGIA POWER COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant. ______________________________________________________________________________ PLAINTIFFS' PROPOSED FINDINGS OF UNCONTROVERTED FACT REGARDING PRE-BREACH AND FUTURE DAMAGES ______________________________________________________________________________ M. Stanford Blanton BALCH & BINGHAM LLP 1710 Sixth Avenue North Birmingham, AL 35203 Telephone: (205) 226-3417 Facsimile: (205) 226-8798 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 October 18, 2004 Ronald A. Schechter Jeffrey L. Handwerker ARNOLD & PORTER 555 Twelfth Street, N.W. Washington, D.C. 20004-1202 Telephone: (202) 942-5000 Facsimile: (205) 942-5999

Case 1:98-cv-00614-JFM

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS SOUTHERN NUCLEAR OPERATING CO., INC., ALABAMA POWER COMPANY, AND GEORGIA POWER COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) No. 98-614C ) (Senior Judge Merow) ) ) ) )

PLAINTIFFS' PROPOSED FINDINGS OF UNCONTROVERTED FACT REGARDING PRE-BREACH AND FUTURE DAMAGES Pursuant to Rule 56(h)(2) of the Rules of the Court of Federal Claims, Plaintiffs Southern Nuclear Operating Company, Alabama Power Company, and Georgia Power Company (collectively, "Southern"), respectfully file these proposed findings of uncontroverted fact in support of its Response to Defendant's Cross-Motion for Summary Judgment Regarding PreBreach and Future Damages.

Defendant's Proposed Findings Of Uncontroverted Fact 1. Alabama Power and Georgia Power executed Standard Contracts with the

Department of Energy ("DOE") for the removal of spent nuclear fuel from their respective facilities. First Amended Complaint, dated October 4, 2002, ¶¶ 2, 14. Plaintiffs agree to the above proposed finding of uncontroverted fact.

2.

Alabama Power and Georgia Power continue to perform their obligations, namely

the payment of fees, pursuant to the Standard Contract. First Amended Complaint, ¶¶ 3, 17. Plaintiffs agree to the above proposed finding of uncontroverted fact.

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3.

The Department of Energy ("DOE") was obligated to begin to accept spent

nuclear fuel ("SNF") from commercial nuclear utilities by January 31, 1998, in accordance with the requirements of the Standard Contract, 10 C.F. R. § 961.11 (1983). DOE has not yet begun to accept SNF from any commercial nuclear utilities pursuant to the Standard Contract. Order, filed Apr. 7, 2004, at 5. Plaintiffs agree with this proposed finding of uncontroverted fact.

4.

Plaintiffs seek to recover for the Department of Energy's ("DOE") partial breach

of the Standard Contract. First Amended Complaint, Count I. Plaintiffs would restate the above proposed finding of uncontroverted fact as follows: "Plaintiffs seek to recover for the Department of Energy's ("DOE") partial breach of the Standard Contracts. First Amended Complaint, Count I."

Plaintiffs' Proposed Findings of Uncontroverted Fact 5. Defendant plans to begin accepting spent nuclear fuel ("SNF") from commercial

nuclear utilities in 2010. Gov.'s Resp. to Southern's Interr. No. 1. (App. to Southern's Resp. at 16.) Respectfully submitted, Dated: October 18, 2004 s/ 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

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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 ARNOLD & PORTER 555 Twelfth Street, N.W. Washington, D.C. 20004-1202 Telephone: (202) 942-5777 Facsimile: (202) 942-5999

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Case 1:98-cv-00614-JFM

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CERTIFICATE OF SERVICE I hereby certify that on this 18th day of October 2004, a copy of the foregoing "PLAINTIFFS' PROPOSED FINDINGS OF UNCONTROVERTED FACT REGARDING PRE-BREACH AND FUTURE DAMAGES" 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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