Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:98-cv-00614-JFM

Document 243

Filed 09/20/2004

Page 1 of 4

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 UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the Court of Federal Claims, defendant respectfully requests an enlargement of time of eight days through and until September 28, 2004, to respond to the motion for an order regarding subsequent damages actions filed by plaintiffs, Southern Nuclear Operating Company, Alabama Power Company and Georgia Power Company. currently due today, September 20, 2004. Defendant's response is This is defendant's

first request for an enlargement of time for this purpose. Plaintiffs' counsel has represented that plaintiffs do not oppose this request for an enlargement. The requested enlargement is necessary because a recent absence from the office and other case commitments of Government counsel make it impossible for counsel to complete the Government's response to plaintiffs' motion, obtain review of it and file it with the Court by the current deadline. Government

counsel was on previously planned leave from the office September 1 through 7, 2004, and returned to the office on September 8,

Case 1:98-cv-00614-JFM

Document 243

Filed 09/20/2004

Page 2 of 4

2004.

Since returning to the office, Government counsel has been

working to coordinate the entry of the current protective order in many of the recently filed spent nuclear fuel ("SNF") cases and finalize preparations for a website upon which the Government will make all documents available to the plaintiffs in the SNF cases, both documents produced to date and documents to be produced in response to requests in the future. In addition,

Government counsel has undertaken discovery efforts in this case, including review of plaintiffs' discovery requests, served on August 31, 2004, and preparation of the Government's first set of document production requests, served on September 17, 2004. For the foregoing reasons, defendant respectfully requests that the Court grant the request for an enlargement of time of eight days through and until September 28, 2004. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

2

Case 1:98-cv-00614-JFM

Document 243

Filed 09/20/2004

Page 3 of 4

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

s/ Marian E. Sullivan MARIAN E. SULLIVAN 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) 307-0365 Fax: (202) 307-2503 September 20, 2004 Attorneys for Defendant

3

Case 1:98-cv-00614-JFM

Document 243

Filed 09/20/2004

Page 4 of 4

CERTIFICATE OF FILING I hereby certify that on this 20th day of September 2004, a copy of foregoing "DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT 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. filing through the Court's system. Parties may access this

s/Marian E. Sullivan