Free Motion to Continue - District Court of Federal Claims - federal

Case 1:03-cv-02663-TCW

Document 39

Filed 01/17/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on January 17, 2006) ) ENTERGY NUCLEAR VERMONT YANKEE, ) LLC, and ENTERGY NUCLEAR ) OPERATIONS, INC., ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) )

No. 03-2663C (Judge Wheeler)

JOINT MOTION TO CONTINUE STAY Plaintiffs Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. and Defendant, the United States (the "Government"), respectfully request that this case remain stayed. Judge Hodges, who had been the presiding judge in this case, issued an Order on July 5, 2005 staying this case until the end of calendar year 2005 or 30 days after the United States Court of Appeals for the Federal Circuit (the "Federal Circuit") ruled upon the appeal of this Court's decision in Indiana Michigan Power Co. v. United States, No. 98-486C ("Indiana Michigan"), whichever date was later. The Federal Circuit issued its mandate in Indiana Michigan on December 2, 2005. Plaintiffs have proposed and the Government has agreed that the stay in this case be extended through June 30, 2006 because counsel for the parties have been and will be engaged during this six-month period in discovery and other pre-trial matters in several other spent nuclear fuel ("SNF") cases pending before this Court. For example, damages trials involving the undersigned counsel are currently scheduled to commence on September 11, 2006 in System Fuels, Inc. v. United States, No. 03-2624C (Braden, J.) and on October 23, 2006 in Northern

Case 1:03-cv-02663-TCW

Document 39

Filed 01/17/2006

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States Power Co. v. United States, No. 98-484C (Wiese, S.J.). Moreover, the parties agree that there is good reason to believe that significant developments during this six-month period in other SNF cases ­ specifically, those cases the Chief Judge designated as "lead cases" ­ will help guide the Court on various issues (including, inter alia, the contractual rate of SNF acceptance). The potential resolution of these issues in the "lead cases" will assist the Court in resolving this case. In short, the expected developments in these "lead cases" will make litigation of this case more efficient for the parties and the Court. Hence, for the foregoing reasons, the parties submit that an extension of the stay in this case is warranted and respectfully request that the instant motion be granted.

Dated: January 17, 2006 Of Counsel: Jay E. Silberg Daniel S. Herzfeld Jack Y. Chu PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037-1128 (202) 663-8000 (202) 663-8007 (fax)

Respectfully submitted, s/ Alex D. Tomaszczuk by s/ Jack Y. Chu Alex D. Tomaszczuk PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, Virginia 22102-4859 (703) 770-7940 (703) 770-7901 (fax) Counsel of Record for Plaintiffs Entergy Nuclear Vermont Yankee, LLC Entergy Nuclear Operations, Inc.

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Case 1:03-cv-02663-TCW

Document 39

Filed 01/17/2006

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PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/ Harold D. Lester, Jr. by s/ Jack Y. Chu HAROLD D. LESTER, JR. Assistant Director s/ Marian E. Sullivan by s/ Jack Y. Chu MARIAN E. SULLIVAN Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 616-0478 Fax: (202) 307-2503 Attorneys for Defendant

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

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