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

Case 1:07-cv-00608-JPW

Document 9

Filed 12/14/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

NORTHERN STATES POWER COMPANY, d/b/a XCEL ENERGY, Plaintiff, v. THE UNITED STATES, Defendant.

) ) ) ) ) ) No. 07-608C ) (Judge Wiese) ) ) )

DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT Pursuant to Rule 6.1 of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests an enlargement of time of 21 days, to and including January 4, 2008, in which to file an answer or otherwise respond to the complaint filed by plaintiff, Northern States Power Company, in this action. Our response is currently due on December 14, 2007. On October 16, 2007, the Court granted our motion for a 60-day enlargement of time to respond to the complaint. Plaintiff's counsel has represented that plaintiff does not oppose this request. The requested enlargement of time is necessary because the Government is currently considering its options in light of the Court's denial of our motion for reconsideration on December 12, 2007, in Northern States Power Co. v. United States, No. 98-484 (Fed. Cl.) ("Northern States I"). These options include a potential appeal of Northern States I and whether to seek a stay of this matter pending such an appeal or pending resolution of the appeals in Nebraska Public Power District v. United States, No. 07-5083 (Fed. Cir.), which has been fully briefed and argued; and Pacific Gas & Electric Co. v. United States, No. 07-5046 (Fed. Cir.),

Case 1:07-cv-00608-JPW

Document 9

Filed 12/14/2007

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Yankee Atomic Electric Company v. United States, No. 07-5025 (Fed. Cir.), and Sacramento Municipal Utiltity District v. United States, No. 07-5052 (Fed. Cir.), which have been fully briefed and are scheduled to be argued in February. We expect that resolution of these cases will inform, if not resolve, many of the major issues raised in this action. For the foregoing reasons, we respectfully request that the Court grant our unopposed motion to enlarge the time within which to file an answer or otherwise respond to plaintiff's complaint by 21 days, to and including January 4, 2008. Respectfully submitted, JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JEANNE E. DAVIDSON Director s/ Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director s/ Andrew P. Averbach ANDREW P. AVERBACH Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, DC 20530 Tel. (202) 353-0527 Fax. (202) 305-7643 December 14, 2007 Attorneys for Defendant

Case 1:07-cv-00608-JPW

Document 9

Filed 12/14/2007

Page 3 of 3

CERTIFICATE OF FILING AND SERVICE I hereby certify that on this 14th day of December, 2007, a copy of DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT 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/Andrew P. Averbach