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

Case 1:98-cv-00484-JPW

Document 236

Filed 08/24/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) NORTHERN STATES POWER COMPANY, ) ) Plaintiff, ) ) v. ) No. 98-484C ) (Judge Wiese) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) DEFENDANT'S PROPOSED FINDINGS OF UNCONTROVERTED FACT REGARDING PRE-BREACH AND FUTURE DAMAGES Pursuant to Rule 56(h)(1) of the Rules of the Court of Federal Claims, defendant, the United States, respectfully files these proposed findings of uncontroverted fact in support of its motion for summary judgment regarding the unavailability of pre-breach and future damages for plaintiff, Northern States Power Company, in the claim for partial breach pending before the Court. PROPOSED FINDINGS OF UNCONTROVERTED FACT 1. Northern States Power Company executed Standard Contracts with the

Department of Energy ("DOE") for the removal of spent nuclear fuel from its facilities. First Amended Complaint, dated December 26, 2000, ¶¶ 1, 2. 2. Northern States Power Company continues to perform its obligations, namely the

payment of fees, pursuant to the Standard Contract. First Amended Complaint, ¶¶ 1, 9. 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.

Case 1:98-cv-00484-JPW

Document 236

Filed 08/24/2005

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4.

Plaintiff seeks to recover for the Department of Energy's ("DOE") partial breach

of the Standard Contract. First Amended Complaint, Count I. Respectfully submitted,

PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director OF COUNSEL: TODD J. COCHRAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530 s/Heide L. Herrmann HEIDE L. HERRMANN 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) 307-6288 Fax: (202) 307-2503 Attorneys for Defendant

August 24, 2005

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Case 1:98-cv-00484-JPW

Document 236

Filed 08/24/2005

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CERTIFICATE OF FILING AND SERVICE I hereby certify that on this 24th day of August, 2005, a copy of foregoing "DEFENDANT'S 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/Heide L. Herrmann