Free Notice (Other) - District Court of Federal Claims - federal

Case 1:01-cv-00551-BAF

Document 131

Filed 03/31/2005

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on March 31, 2005)

PSEG NUCLEAR, L.L.C. and PUBLIC SERVICE ELECTRIC AND GAS COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant.

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No. 01-551C (Judge Futey)

NOTICE OF FEDERAL CIRCUIT ORDER REGARDING PLAINTIFFS' PETITION FOR PERMISSION TO APPEAL Plaintiffs PSEG Nuclear, L.L.C. and Public Service Electric and Gas Company (together, "PSEG"), by and through their undersigned counsel, respectfully file this Notice to inform the Court of the Federal Circuit's March 25, 2005 Order ("Federal Circuit Order") on PSEG's petition ­ which was filed jointly with three other plaintiffs in the spent nuclear fuel cases ­ for permission to appeal the January 31, 2005 Opinion and Order (Sypolt, J.) in this case concluding that this Court lacked subject matter jurisdiction over PSEG's breach-of-contract action and dismissing the action. The Federal Circuit Order (a copy of which is attached electronically to this Notice at Tab A) states that, in light of PSEG's and the other pending motions for reconsideration that are currently before this Court, the "better course" of action is holding the petition for permission to appeal "in abeyance pending resolution of the petitioners' motions for reconsideration by the Court of Federal Claims" rather than granting or denying the petition at this time.

Case 1:01-cv-00551-BAF

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In light of the Federal Circuit Order, PSEG respectfully awaits further direction from this Court concerning resolution of PSEG's motion for reconsideration.

Dated: March 31, 2005

Respectfully submitted, s/ Alex D. Tomaszczuk by s/ Jack Y. Chu Alex D. Tomaszczuk SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, Virginia 22102 (703) 770-7940 (703) 770-7901 (fax) Counsel of Record for Plaintiffs PSEG Nuclear, L.L.C. and Public Service Electric and Gas Company

Of Counsel: Jay E. Silberg Daniel S. Herzfeld Jack Y. Chu SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037 (202) 663-8000 (202) 663-8007 (fax)

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Case 1:01-cv-00551-BAF

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