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

Case 1:07-cv-00608-JPW

Document 7

Filed 10/15/2007

Page 1 of 3

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 a 60-day enlargement of time, to and including December 14, 2007, within which to file an answer to the complaint filed by plaintiff, Northern States Power Company. Our response is currently due on October 15, 2007. No previous requests for an enlargement have been filed. Plaintiff's counsel has represented that plaintiff does not oppose this request. The requested enlargement of time is necessary because we have filed a motion for reconsideration of the Court's September 26, 2007, opinion in a case related to this one, Northern States Power Co. v. United States, No. 98-484 (Fed. Cl.). Resolution of the issues raised in our motion for reconsideration will substantially affect the proceedings in this case, which is premised upon the same allegations of breach of a contract for the disposal of spent nuclear fuel. For the foregoing reasons, we respectfully request that the Court grant our unopposed motion to enlarge the time within which to file an answer to the plaintiff's complaint by 60 days, to and including December 14, 2007.

Case 1:07-cv-00608-JPW

Document 7

Filed 10/15/2007

Page 2 of 3

Respectfully submitted,

PETER D. KEISLER 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) 305-2118 Attorneys for Defendant

October 15, 2007

Case 1:07-cv-00608-JPW

Document 7

Filed 10/15/2007

Page 3 of 3

CERTIFICATE OF FILING AND SERVICE I hereby certify that on this 15th day of October, 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