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

Case 1:01-cv-00551-BAF

Document 175

Filed 01/23/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on January 23, 2008) ) ) ) ) ) ) ) ) ) ) ) ) )

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

No. 01-551C (Judge Futey)

JOINT STATUS REPORT Pursuant to this Court's order of December 6, 2007, the parties file this status report to update the Court regarding the decision in the arbitration involving Plaintiff PSEG Nuclear, L.L.C. and its corporate sibling PSEG Power, L.L.C. (together "PSEG") and the plaintiffs in Delmarva Power & Light Co. v. United States, Nos. 04-34C & 04-36C (together "Delmarva") and to apprise the Court of the parties' views on advancing this case towards trial. The parties request that the Court direct them to report back in two weeks with a proposed pre-trial schedule and trial date. As previously noted, Judge Miller issued a decision in Delmarva ­ 79 Fed. Cl. 205 (2007) ­ denying Delmarva's motion to vacate the arbitration ruling and granting summary judgment in favor of the United States. Delmarva has appealed that judgment to the United States Court of Appeals for the Federal Circuit ("Federal Circuit"). Since this Court's December 6, 2007, status conference and order, Delmarva filed its initial brief before the Federal Circuit on January 18, 2008. Additionally, the Federal Circuit granted PSEG's request to participate in the Delmarva appeal.

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Case 1:01-cv-00551-BAF

Document 175

Filed 01/23/2008

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The Superior Court of New Jersey has confirmed the arbitration award, concluding that Delmarva had assigned all claims against the United States (the "Government") relating to the Government's failure to begin removal of spent nuclear fuel at PSEG's Hope Creek and Salem nuclear plants. See PSE&G Power, LLC v. Delmarva Power & Light Co., slip op., No. C-59-07 (N.J. Super. Ct., Dec. 19, 2007) (Attachment 1). Delmarva has yet to appeal the New Jersey Superior Court decision, the deadline for which is approximately February 4, 2008. Given the developments summarized above, the parties are prepared to move this case forward toward trial. Pursuant to this Court's October 26, 2007, order, the stay in this case is scheduled to expire today ­ January 23, 2008. The parties respectfully request that the Court direct the parties to provide a proposed pre-trial schedule and trial date to the Court by status report on February 5, 2008. Dated: January 23, 2008 Of Counsel: Jay E. Silberg Daniel S. Herzfeld Jack Y. Chu PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037-1128 (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, Virginia 22102-4859 (703) 770-7940 (703) 770-7901 (fax) Counsel of Record for Plaintiffs PSEG Nuclear, L.L.C. and Public Service Electric and Gas Company

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JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Harold D. Lester, Jr. by s/ Andrew P. Averbach HAROLD D. LESTER, JR. Assistant Director s/ Andrew P. Averbach by s/ Daniel S. Herzfeld ANDREW P. AVERBACH 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) 305-0527 Fax: (202) 305-7643 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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