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

Case 1:00-cv-00703-EJD

Document 195

Filed 05/10/2004

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS POWER AUTHORITY OF THE STATE OF NEW YORK, Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) ) )

No. 00-703C (Chief Judge Damich)

DEFENDANT'S MOTION FOR LEAVE Defendant, the United States, respectfully moves for leave to submit the attached supplement to its prior motion for partial summary judgment relating to the schedule for the acceptance of spent nuclear fuel ("SNF") and/or high-level radioactive waste ("HLW"). As the Court is aware, we filed our motion for partial summary judgment regarding the rate of spent nuclear fuel acceptance in this case on December 28, 2001. After a stay of proceedings to allow for coordinated discovery in a group of Spent Nuclear Fuel ("SNF") cases, briefing resumed for a short time in early 2003, until stayed again by the Court by Order dated April 16, 2003, to allow proceedings upon our dispositive motions in the "lead" SNF cases to proceed. The Court's order of April 29, 2004, directed that briefing in this case upon our motion for partial summary judgment regarding the rate of acceptance be resumed. However, since the Government filed its motion, this Court has issued two published decisions and two unpublished decisions resolving our motions in the cases in which they were issued. As set out in the attached supplement, we believe those motions were incorrectly decided. Accordingly, we respectfully request leave to supplement our motion in this case in light of the Court's decisions in the other four SNF cases.

Case 1:00-cv-00703-EJD

Document 195

Filed 05/10/2004

Page 2 of 3

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director

OF COUNSEL: KEVIN B. CRAWFORD HEIDE L. HERRMANN RUSSELL A. SHULTIS VICTORIA STROHMEYER MARIAN E. SULLIVAN Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530 JANE K. TAYLOR Office of General Counsel Department of Energy 1000 Independence Avenue, S.W. Washington, D.C. 20585 May 10, 2004

s/ R. Alan Miller R. ALAN MILLER 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) 307-6288 FAX: (202) 307-2503

Attorneys for Defendant

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Case 1:00-cv-00703-EJD

Document 195

Filed 05/10/2004

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on this 10th day of May 2004, a copy of foregoing "DEFENDANT'S MOTION FOR LEAVE" 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.

s/ R. Alan Miller