Free Joint Status Report - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on June 20, 2008) ) FLORIDA POWER AND LIGHT COMPANY, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ) JOINT STATUS REPORT Pursuant to the Court's May 2, 2007 Order, Plaintiff and Defendant, the United States, respectfully and jointly submit this status report regarding other spent nuclear fuel ("SNF") cases. As previously detailed to the Court, several of the SNF damages cases in this Court are currently before the U.S. Court of Appeals for the Federal Circuit ("Federal Circuit") and several more cases from the Court of Federal Claims that have been finalized are also being appealed. Additionally, several additional cases have advanced to trial. As previously reported, the Federal Circuit heard oral argument on December 3, 2007, in Nebraska Pub. Power Dist. v. United States,

No. 98-483C (Judge Baskir)

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No. 2007-5083. On February 4, 2008, the Federal Circuit heard oral argument in three other SNF appeals before the Federal Circuit: (1) Yankee Atomic Elec. Co. v. United States, 73 Fed. Cl. 249 (2006), appeal pending, Nos. 2007-5025, 2007-5026, 2007-5027, 2007-5031, 2007-5032, 2007-5033 (Fed. Cir.) ("Yankee"); (2) Pacific Gas & Elec. Co. v. United States, 73 Fed. Cl. 333 (2006), appeal pending, No. 2007-5046 (Fed. Cir.) ("PG&E"); (3) Sacramento Mun. Util. Dist. v. United States, 70 Fed. Cl. 332 (2006), appeal pending, No. 2007-5052 (Fed. Cir.) ("SMUD"). The Federal Circuit has yet to rule in these cases. The resolution of these cases on appeal may inform the instant case. As noted in its last status report dated April 21, 2008, three other SNF decisions from the Court of Federal Claims have been appealed to the Federal Circuit. Northern States Power Co. v. United States, 78 Fed. Cl. 449 (2007), appeal pending, No. 2008-5037 (Fed. Cir.); System Fuels, Inc. v. United States, 79 Fed. Cl. 37 (2007), appeal pending, Nos. 2008-5025, 2008-5035 (Fed. Cir.); Southern Nuclear Operating Co. v. United States, 77 Fed. Cl. 396 (2007), appeal pending, Nos. 2008-5020, 2008-5028 (Fed. Cir.). Briefing in these three appeals has been stayed pending a ruling by

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the Federal Circuit in the Yankee, PG&E, or SMUD cases. (The parties also previously reported the trial decision in System Fuels, Inc. v. United States, 78 Fed. Cl. 769 (2007), but no entry of judgment has occurred due to additional proceedings to determine damages relating to that utility's cost of capital.) Since the last status report, two additional appeals were filed, arising out of this Court's decision in Boston Edison Co. v. United States, 80 Fed. Cl. 468 (2008), appeals pending, Nos. 08-5066 and 08-5070 (Fed. Cir.). The ultimate resolution of these additional cases may also inform this case. Additionally, on May 19, 2008, the Court issued its trial decision in Carolina Power & Light Co. v. United States, 2008 U.S. Claims LEXIS 134 (Fed. Cl. May 19, 2008) ("CP&L"). Subsequently, on June 19, 2008, this Court granted in part and denied in part the Government's motion for reconsideration in CP&L, which decision resulted in a reduction of the damages in the judgment previously entered in favor of the plaintiff. Finally, several other SNF cases have advanced to trial or are in the midst of post-trial briefing. See Wisc. Elec. Power Co. v. United States, 00697C (Merow, S.J.) (post-trial briefing); Dominion Resources, Inc. v. United States, Nos. 04-83 & 04-84 (Bruggink, S.J.) (post-trial briefing); Dairyland

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Power Co-op. v. United States, No. 04-106C (Damich, C.J.) (trial commences on July 7, 2008). As noted in their prior status report, the parties agree that a continuation of the stay in this case is appropriate and, therefore, request that this Court now continue the stay through January 7, 2009.

Dated: June 20, 2008 OF COUNSEL: Jay E. Silberg Daniel S. Herzfeld Jack Y. Chu PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037 (202) 663-8000 (202) 663-8007 (fax)

Respectfully submitted, s/ Alex D. Tomaszczuk by s/ Jack Y. Chu Alex D. Tomaszczuk PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, VA 22102-4859 (703) 770-7940 (703) 770-7901 (fax) Counsel of Record for Plaintiff Florida Power and Light Company

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GREGORY G. KATSAS Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Harold D. Lester, Jr. by s/ Jack Y. Chu HAROLD D. LESTER, JR. Assistant Director s/ Lisa L. Donahue by s/ Jack Y. Chu LISA L. DONAHUE Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tel: (202) 353-9498 Fax: (202) 307-2503 Attorneys for Defendant

OF COUNSEL: JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Ave., S.W. Washington, D.C. 20585

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