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 August 30, 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 and several others are awaiting post-trial decisions by other Judges of this Court. The resolution of these cases on appeal and in this Court could inform the Court's adjudication of the instant action. Judge Merow's decision in Southern Nuclear Operating Co. v. United States, 77 Fed. Cl. 396 (2007), is the only decision on the merits issued by this Court since the

No. 98-483C (Judge Baskir)

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Case 1:98-cv-00483-LMB

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parties submitted their June 29, 2007 joint status report. As noted in their June 29, 2007 joint status report, the parties agree that a continuation of the stay in this case until January 7, 2008 is appropriate. Dated: August 30, 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

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

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

Trial Attorney 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

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