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

Case 1:00-cv-00703-EJD

Document 208

Filed 07/15/2005

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on July 15, 2005) ________________________________________________ POWER AUTHORITY OF THE STATE OF NEW YORK, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) ) ) )

No. 00-703C (Chief Judge Damich)

JOINT STATUS REPORT Pursuant to this Court's January 28, 2005 Order, Plaintiff and Defendant jointly submit this status report to request that this case remain stayed. On June 6, 2005, counsel for the parties argued the appeal at the United States Court of Appeals for the Federal Circuit ("Federal Circuit") of the Court's judgment in Indiana Michigan Power Co. v. United States, No. 98-486C. In view of the potential significance of that decision on the issues pending in this and other spent nuclear fuel cases, Plaintiff has proposed and the Government has agreed that this case be suspended through the end of 2005 or until 30 days after the date the Federal Circuit issues a decision in Indiana Michigan, whichever date is later. The parties intend to file a joint status report regarding their views as to how this case should proceed within 15 days of a decision in Indiana Michigan, or on or before January 15, 2006, whichever date is later. For the foregoing reasons, therefore, the parties respectfully request that the Court suspend this case through the end of 2005 or 30 days after the date the Federal Circuit issues a decision in Indiana Michigan, whichever date is later.

Case 1:00-cv-00703-EJD

Document 208

Filed 07/15/2005

Page 2 of 2

Dated: July 15, 2005 OF COUNSEL: Jay E. Silberg Walter F. Zenner Michael G. Lepre 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)

Respectfully submitted, s/ Alex D. Tomaszczuk by s/ Daniel S. Herzfeld Alex D. Tomaszczuk SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, VA 22102-4859 (703) 770-7940 (703) 770-7901 (fax) Counsel of Record for Plaintiff Power Authority of the State of New York PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Harold D. Lester, Jr. by s/ Daniel S. Herzfeld HAROLD D. LESTER, JR. Assistant Director

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

Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 307-0290 Fax: (202) 514-8640 Attorneys for Defendant

Document #: 1327485 v.1

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