Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:01-cv-00249-CFL

Document 198

Filed 09/15/2005

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) TENNESSEE VALLEY AUTHORITY, ) ) Plaintiff, ) ) v. ) No. 01-249 C ) (Judge Lettow) UNITED STATES, ) ) Defendant. ) __________________________________________)

DEFENDANT'S UNOPPOSED MOTION FOR AN ENLARGEMENT OF TIME FOR THE SUBMISSION OF THE PARTIES' POST-TRIAL BRIEFS Pursuant to Rule 6(b) of the Rules of the United States Court of Federal Claims, defendant, the United States, respectfully requests an enlargement of time of five calendar days for the parties to file their post-trial briefs. The parties' initial post-trial briefs are currently due on September 16, 2005. The extension would bring the date for submission of the initial posttrial briefs to September 21, 2005. The parties' responsive briefs are currently due on October 14, 2005. The enlargement would bring the date for submission of the responsive briefs to October 19, 2005. This is defendant's first request for an enlargement of time for this purpose. Counsel for TVA has advised that it does not oppose the Government's motion. In support of this motion, defendant states as follows. In the last week the Federal Circuit issued an important decision in another spent nuclear fuel case, Indiana Michigan Power Co. v. United States, No. 04-5122. The Government is still determining what the implications of this decision might be for its entire spent nuclear fuel docket. During this process, the Government's briefing in individual spent fuel cases will require an extra layer of review to assure that any developing concerns have been properly considered. The Government requires additional time in

Case 1:01-cv-00249-CFL

Document 198

Filed 09/15/2005

Page 2 of 3

order to conduct this higher level review based on the new decision. For the foregoing reasons, defendant respectfully requests that the Court grant an enlargement of time of five calendar days for each of the parties' post-trial briefs. PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

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

OF COUNSEL

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

s/ Sonia M. Orfield SONIA M. ORFIELD 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) 353-0534 Fax: (202) 307-2503

ALAN J. LO RE Senior Trial Counsel KEVIN B. CRAWFORD SHARON A. SNYDER Trial Attorneys Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530

September 15, 2005

Attorneys for Defendant

Case 1:01-cv-00249-CFL

Document 198

Filed 09/15/2005

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that, on this 15th day of September 2005, a copy of the foregoing "Defendant's Unopposed Motion for an Enlargement of Time for the Submission of The Parties' Post-trial Briefs" 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/ Sonia M. Orfield