Free Response - District Court of Federal Claims - federal

Case 1:98-cv-00488-SGB

Document 366

Filed 07/21/2006

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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)

SMUD'S FILING OF TABLE C Pursuant to the Court's Order Requesting Supplemental Expert Testimony dated March 31, 2006, and the Court's Scheduling Order dated June 28, 2006, plaintiff Sacramento Municipal Utility District ("SMUD") files the attached Table C and Written Direct Testimony of Brian P. Brinig Supporting Table C. Table C sets forth costs attributable to a contract, lease, or other legal obligation executed by SMUD prior to May 15, 1997. Mr. Brinig is a Certified Public Accountant who previously testified in this case for SMUD as an expert witness regarding SMUD's costs. Mr. Brinig determined the costs attributable to a contract, lease, or other legal obligation executed by SMUD prior to May 15, 1997 as set forth in Table C, and his written direct testimony explains his methodology, analysis, and findings. Dated the 21st day of July, 2006.

Case 1:98-cv-00488-SGB

Document 366

Filed 07/21/2006

Page 2 of 3

Respectfully submitted,

/s/ Howard N. Cayne Howard N. Cayne ARNOLD & PORTER LLP 555 Twelfth Street, N.W. Washington, D.C. 20004 (202) 942-5656 Counsel of Record for Plaintiff Sacramento Municipal Utility District Of Counsel: David S. Neslin Timothy R. Macdonald ARNOLD & PORTER LLP 370 Seventeenth Street, Suite 4500 Denver, CO 80202 (303) 863-1000

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Case 1:98-cv-00488-SGB

Document 366

Filed 07/21/2006

Page 3 of 3

CERTIFICATE OF FILING I certify that I caused a copy of the foregoing SMUD'S FILING OF TABLE C to be filed electronically through the Court of Federal Claims Case Management/ Electronic Case Filing System on July 21, 2006. I understand that all parties may access the filing through the Court's CM/ECF System, including: Harold D. Lester, Jr. Russell A. Shultis Commercial Litigation Branch, Civil Division Attention: Classification Unit, 8th Floor U.S. Department of Justice 1100 L Street, N.W. Washington, D.C. 20530

s/ Timothy R. Macdonald