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

Case 1:98-cv-00483-LMB

Document 281

Filed 04/21/2008

Page 1 of 5

IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on April 21, 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)

400805675v1

Case 1:98-cv-00483-LMB

Document 281

Filed 04/21/2008

Page 2 of 5

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.); (2) Pacific Gas & Elec. Co. v. United States, 73 Fed. Cl. 333 (2006), appeal pending, No. 2007-5046 (Fed. Cir.); (3) Sacramento Mun. Util. Dist. v. United States, 70 Fed. Cl. 332 (2006), appeal pending, No. 2007-5052 (Fed. Cir.). 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 February 19, 2008 status report, 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.). (The parties also previously reported the trial decision in System

2
400805675v1

Case 1:98-cv-00483-LMB

Document 281

Filed 04/21/2008

Page 3 of 5

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.) The ultimate resolution of these additional cases may also inform this case. 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); Carolina Power & Light Co. v. United States, 04-37C (Wheeler, J.) (closing arguments held on April 4, 2008); Dominion Resources, Inc. v. United States, Nos. 04-83 & 04-84 (Bruggink, S.J.) (trial begins on May 5, 2008).

3
400805675v1

Case 1:98-cv-00483-LMB

Document 281

Filed 04/21/2008

Page 4 of 5

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 continue the stay through July 7, 2008. Dated: April 21, 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/ Daniel S. Herzfeld 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

4
400805675v1

Case 1:98-cv-00483-LMB

Document 281

Filed 04/21/2008

Page 5 of 5

JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Harold D. Lester, Jr. by s/ Daniel S. Herzfeld HAROLD D. LESTER, JR. Assistant Director s/ Lisa L. Donahue by s/ Daniel S. Herzfeld 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

5
400805675v1