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

Case 1:98-cv-00483-LMB

Document 277

Filed 10/29/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on October 29, 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. 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 others are awaiting post-trial decisions by other Judges of this Court. The Federal Circuit has scheduled oral argument for December 3, 2007, in Nebraska Pub. Power Dist. v. United States, No. 2007-5083. The resolution of these cases on appeal and in this Court could inform the Court's adjudication of the instant action. The

No. 98-483C (Judge Baskir)

400659982v1

Case 1:98-cv-00483-LMB

Document 277

Filed 10/29/2007

Page 2 of 3

Court has issued spent nuclear fuel decisions in Northern States Power Co. v. United States, 78 Fed. Cl. 449 (2007), System Fuels, Inc. v. United States, No. 03-2624C, 2007 WL 2989008 (Fed. Cl. Oct. 11, 2007), and System Fuels, Inc. v. United States, No. 03-2623C , 2007 WL 3033659 (Fed. Cl. Oct. 16, 2007), since the parties submitted their August 30, 2007 joint status report. The Government has also filed a motion for reconsideration in response to the decisions in Northern States and Southern Nuclear Operating Co. v. United States, 77 Fed. Cl. 396 (2007). As noted in their June 29, 2007 and August 30, 2007 joint status reports, the parties agree that a continuation of the stay in this case until January 7, 2008 is appropriate. Dated: October 29, 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

2
400659982v1

Case 1:98-cv-00483-LMB

Document 277

Filed 10/29/2007

Page 3 of 3

PETER D. KEISLER 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) 616-0478 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

3
400659982v1