Free Stipulation - District Court of Federal Claims - federal

Case 1:98-cv-00488-SGB

Document 385

Filed 11/30/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) SACRAMENTO MUNICIPAL UTILITY DISTRICT ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) )

No. 98-488 C (Judge Braden)

JOINT STIPULATION REGARDING COSTS ATTRIBUTABLE TO NONFUEL COMPONENTS 1. The parties have conferred regarding the costs that SMUD incurred that are

attributable to storing Nonfuel Components, including control rods, orifice rods, and neutron sources, with the spent nuclear fuel, as identified by Mr. Field during the August 2006 evidentiary hearing. See August 23, 2006 Tr. p. 65. In the interest of resolving this issue in a mutually acceptable fashion, the parties offer this joint stipulation. 2. The parties stipulate that the costs attributable to storing the Nonfuel Components

was $1,712,800. 3. This stipulation is without waiver of or prejudice to the parties' rights or positions

with respect to the appropriateness of this or any other deduction from SMUD's damages. 4. This stipulation only reflects costs associated with the storage of Nonfuel

Components and does not represent the total costs associated with the transportation features of a dual-purpose dry storage system.

Case 1:98-cv-00488-SGB

Document 385

Filed 11/30/2006

Page 2 of 2

Dated: November 30, 2006

s/ Howard Cayne Howard Cayne Arnold & Porter LLP 555 Twelfth Street, N.W. Washington, D.C. 20004-1206 (202) 942-5999 Attorneys for Plaintiff

s/ Russell A. Shultis Russell A, Shultis Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 (202) 305-7561 Attorneys for Defendant

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