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 December 19, 2007) ) 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 and recommend the continuation of the stay in this case through July 7, 2008. 1 As previously detailed to the Court, several of the spent nuclear fuel ("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 may also be appealed. The Federal Circuit heard oral argument on December 3, 2007, The parties' status report is due on December 28, 2007, but it is being filed early due to counsels' scheduled leave during the last week of December.
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in Nebraska Pub. Power Dist. v. United States, No. 2007-5083, but has yet to hear oral argument in the remaining three 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, 20075031, 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 oral arguments in these three cases have not been calendared by the Federal Circuit and will take place no earlier than February 2008. The resolution of these cases on appeal may inform the instant case. Since the parties submitted their October 29, 2007 status report, three trial decisions at the Court of Federal Claims have been finalized after motions for reconsideration were denied. Northern States Power Co. v. United States, 78 Fed. Cl. 449 (2007), reconsideration denied, slip op. (Fed. Cl. Dec. 12, 2007); System Fuels, Inc. v. United States, 79 Fed. Cl. 37 (2007), reconsideration denied, 79 Fed. Cl. 182 (2007); Southern Nuclear Operating Co. v. United States, 77 Fed. Cl. 396 (2007),

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reconsideration denied, 79 Fed. Cl. 135 (2007). (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.) The ultimate resolution of these additional cases may also inform this case. 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: December 19, 2007 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

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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/ Marian E. Sullivan by s/ Daniel S. Herzfeld MARIAN E. SULLIVAN Senior Trial Counsel Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tele: (202) 307-0365 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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