Free Notice (Other) - District Court of Federal Claims - federal

Case 1:98-cv-00484-JPW

Document 301

Filed 04/10/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) NORTHERN STATES POWER COMPANY, ) ) Plaintiff, ) ) v. ) No. 98-484C ) (Senior Judge Wiese) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) DEFENDANT'S NOTICE OF REFERENCE TO PORTIONS OF ADMINISTRATIVE RECORD NOT REFERENCED AT TRIAL Defendant, the United States, respectfully provides notice that its post-trial brief, filed on March 27, 2007, mistakenly contained four references to portions of the administrative record concerning the 1983 promulgation of the draft standard contract to which the parties did not refer during trial. The entire administrative record was admitted into evidence as Defendant's Exhibit No. ("DX") 2 upon the condition that only those portions actually referenced at trial should be the basis for a requested finding of fact. (Tr. 3785:15-3793:18). In compiling the admitted exhibits for submission to the Court, we realized that our recitation of the background behind the promulgation of the Standard Contract inadvertently included references to DX 2.17 and DX 2.36 (on page 23), and to DX 2.14 and 2.69 (on page 24). Consistent with the condition pursuant to which DX 2 was admitted, the Court should not base any factual findings upon those references.

Case 1:98-cv-00484-JPW

Document 301

Filed 04/10/2007

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

OF COUNSEL: JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Avenue, S.W. Washington, D.C. 20585 ALAN J. LO RE Senior Trial Counsel STEPHEN P. FINN JOSHUA E. GARDNER MARIAN SULLIVAN Trial Attorneys Commercial Litigation Branch Department of Justice 1100 L Street, N.W. Washington, D.C. 20530 April 10, 2007

s/Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/Andrew P. Averbach ANDREW P. AVERBACH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 305-3315 Fax: (202) 307-2503 Attorneys for Defendant

2

Case 1:98-cv-00484-JPW

Document 301

Filed 04/10/2007

Page 3 of 3

CERTIFICATE OF FILING AND SERVICE I hereby certify that on this 10th day of April, 2007, a copy of the foregoing "DEFENDANT'S NOTICE OF REFERENCE TO PORTIONS OF ADMINISTRATIVE RECORD NOT REFERENCED AT TRIAL" 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/Andrew P. Averbach