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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

SOUTHERN ALLIANCE FOR CLEAN

ENERGY,

Plaintiff,

v.

UNITED STATES DEPARTMENT OF ENERGY,

Defendant.

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Civil Action No. 10-1335 (RCL)

STIPULATION OF SETTLEMENT AND DISMISSAL OF

ALL CLAIMS EXCEPT FOR ATTORNEYS FEES AND PROPOSED ORDER

The parties, Plaintiff, Southern Alliance for Clean Energy, and Defendant, U.S.

Department of Energy (DOE), hereby settle and compromise the above-entitled lawsuit

brought under the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended, on the

following terms:

1. On January 14, 2011, Plaintiff filed a First Amended Complaint for Declaratoryand Injunctive Relief under the Freedom of Information Act (FOIA) to obtain from DOE

records relating to loan guarantees for the construction and operation of two new nuclear reactors

at Vogtle Electric Generating Plant in Burke County, Georgia.

2. In settlement of all claims in this case, save for the issue of attorneys fees,Defendant will produce by May 15, 2012, an agreed upon set of documents in response to

Plaintiffs FOIA request, in accordance with the terms outlined in a letter from counsel for

Defendant to counsel for Plaintiff dated May 14, 2012, and attached hereto as Exhibit A. The

parties agree that DOEs production satisfies its disclosure obligations under the FOIA in

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response to the FOIA request at issue in this action, HQ-2010-01170-F dated March 25, 2010, as

well as FOIA request HQ-2010-01744-F dated July 19, 2010.

3. Save for the issue of attorneys fees, this Stipulation of Settlement constitutes thefull and complete satisfaction of any and all claims arising from (a) the allegations set forth in

the complaint filed in this lawsuit and (b) any litigation or administrative proceeding that

Plaintiff has brought, could bring, or could have brought regarding FOIA requests HQ-2010-

01170-F dated March 25, 2010 and HQ-2010-01744-F dated July 19, 2010.

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4. The parties thus stipulate to dismiss all claims in this action, with the exception ofthe issue of attorneys fees. The parties propose that they be provided a period of 60 days, i.e.,

until July 13, 2012, to determine whether they are able to reach agreement on this issue. If the

parties are able to reach an agreement, the parties will file a stipulation of settlement and

dismissal as to the issue of attorneys fees on or before July 13, 2012. If the parties are unable to

reach an agreement, Plaintiff will submit a fee petition on or before August 3, 2012. Defendant

expressly reserves all arguments regarding the issue of attorneys fees.

Respectfully submitted,

/s/ James B. DoughertyJAMES B. DOUGHERTY, D.C. Bar

#939538

709 3rd Street NW

Washington, DC 20024(202) 488-1140

/s/ Mindy Goldstein

MINDY GOLDSTEIN

GA Bar #727476Turner Environmental Law Clinic

1301 Clifton RoadAtlanta, GA 30322(404) 727-3432

Pro Hac Vice

Attorneys for Plaintiff

RONALD C. MACHEN JR., D.C. Bar # 447889United States Attorney

for the District of Columbia

DANIEL F. VAN HORN, D.C. Bar #924092Acting Civil Chief

By: /s/ Michelle Lo .MICHELLE LO

Assistant United States Attorney555 Fourth St., N.W.

Washington, D.C. 20530

Tel: (202) 514-5134; Fax: (202) 514-8780Michelle.Lo2@usdoj.gov

Attorneys for Defendant

It is SO ORDERED on this ___ day of May, 2012.

________________________

Hon. Royce C. Lamberth

United States District Judge

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