Free Joint Status Report - District Court of Federal Claims - federal

Case 1:03-cv-02663-TCW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS (Electronically Filed on July 1, 2005) ) ENTERGY NUCLEAR VERMONT YANKEE, ) LLC, and ENTERGY NUCLEAR ) OPERATIONS, INC., ) ) Plaintiffs, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) )

No. 03-2663C (Judge Hodges)

JOINT STATUS REPORT Pursuant to this Court's January 25, 2005 Order, Plaintiffs Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc., and Defendant (the "Government") jointly file this brief status report to advise the Court that the parties respectfully request a continued suspension of this case. On June 6, 2005, counsel for the parties argued the appeal at the United States Court of Appeals for the Federal Circuit ("Federal Circuit") of the Court's judgment in Indiana Michigan Power Co. v. United States, No. 98-486C. In view of the potential significance of that decision on the issues pending in this and other spent nuclear fuel cases, Plaintiffs have proposed and the Government has agreed that this case be suspended through the end of 2005 or until 30 days after the date the Federal Circuit issues a decision in Indiana Michigan, whichever date is later. The parties intend to file a joint status report regarding their

Case 1:03-cv-02663-TCW

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Filed 07/01/2005

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views as to how this case should proceed within 15 days of a decision in Indiana Michigan, or on or before January 15, 2006, whichever date is later.1 For the foregoing reasons, therefore, the parties respectfully request that the Court suspend this case through the end of 2005 or 30 days after the date the Federal Circuit issues a decision in Indiana Michigan, whichever date is later. Dated: July 1, 2005 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 2300 N Street, N.W. (202) 663-8000 (202) 663-8007 (fax) Respectfully submitted, s/ Alex D. Tomaszczuk by s/ Daniel S. Herzfeld Alex D. Tomaszczuk PILLSBURY WINTHROP SHAW PITTMAN LLP 1650 Tysons Boulevard McLean, VA 22102-4859 (703) 770-7940 (703) 770-7901 (fax) Counsel of Record for Plaintiff Entergy Nuclear Vermont Yankee, LLC Entergy Nuclear Operations, Inc.

In its January 5 order, the Court requested that the parties address whether consolidation of Vermont Yankee Nuclear Power Corp. v. United States, No. 02-898C, and Entergy Nuclear Vermont Yankee, LLC v. United States, No. 03-2663C, was appropriate. The parties believe that consideration of whether the two cases should be consolidated should continue to be deferred until the conclusion of the stay of proceedings requested herein.

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Case 1:03-cv-02663-TCW

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PETER D. KEISLER Assistant Attorney General s/ David M. Cohen by s/ Daniel S. Herzfeld DAVID M. COHEN Director 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 s/ Harold D. Lester, Jr. by s/ Daniel S. Herzfeld HAROLD D. LESTER, JR. Assistant Director Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit 8th Floor Washington, D.C. 20530 Tele: (202) 307-0290 Fax: (202) 514-8640 Attorneys for Defendant
Document #: 1327156 v.2

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