Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:98-cv-00483-LMB

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS FLORIDA POWER AND LIGHT COMPANY, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) No. 98-483C ) (Judge Baskir) ) ) )

DEFENDANT'S MOTION FOR LEAVE TO FILE DEFENDANT'S CORRECTED RESPONSE TO MR. WILLIAM D. PETERSON'S PRO SE MOTION TO INTERVENE AND COMPLAINT Defendant, the United States, respectfully requests leave to file a corrected copy of its response to Mr. William D. Peterson's motion to intervene and complaint in this case. On page 2 of the response that we filed on April 26, 2007, we represented, in error, that Mr. Peterson had identified the incorrect attorney as the individual to whom service was to be made. Although that statement was true with regard to the identified attorney for service in other spent nuclear fuel cases in which Mr. Peterson filed his motion to intervene, in cases in which we filed a similar response brief last night, Mr. Peterson properly identified the appropriate attorney of record in this case on his certificate of service, and we had intended to remove that representation in the copy of the response that we filed in this case. To correct our

Case 1:98-cv-00483-LMB

Document 271

Filed 04/27/2007

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oversight and to remove the representation regarding Mr. Peterson's identification of the attorney for service of his motion, we respectfully request leave to submit a corrected copy of our response, in which we have deleted that representation. Our corrected response accompanies this motion. For the foregoing reasons, we respectfully request that the Court grant this motion. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JEANNE E. DAVIDSON Director

s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

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Case 1:98-cv-00483-LMB

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s/ Marian E. Sullivan by s/ Harold D. Lester MARIAN E. SULLIVAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0365 Fax: (202) 307-2503 April 27, 2007 Attorneys for Defendant

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Case 1:98-cv-00483-LMB

Document 271

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CERTIFICATE OF FILING AND SERVICE I hereby certify that on this 27th day of April, 2007, a copy of foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE DEFENDANT'S CORRECTED RESPONSE TO MR. WILLIAM D. PETERSON'S PRO SE MOTION TO INTERVENE AND COMPLAINT" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. In addition, I have caused to be placed in the United States mail (firstclass mail, postage prepaid) copies of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO FILE DEFENDANT'S CORRECTED RESPONSE TO MR. WILLIAM D. PETERSON'S PRO SE MOTION TO INTERVENE AND COMPLAINT," as follows:

MR. WILLIAM D. (BILL) PETERSON P&A Engineers 68 W. Malvern Avenue Salt Lake City, Utah 84115-3025

s/ Harold D. Lester, Jr.