DEFENDANT'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR CLARIFICATION AND/OR CERTIFICATION OF THE COURT'S JUNE 30,2010 ORDER

摘要

The Opposition filed by the Commonwealth of Pennsylvania, Pennsylvania Department of Environmental Protection ("PADEP"), confirms that the parties have widely divergent views of this Court's June 30,2010 Order ("Order") and how this litigation should proceed. PADEP argues that the Order prohibits Lockheed Martin Corporation ("LMC") from reducing its liability in this lawsuit based upon the actions of other Commonwealth agencies or instrumentalities. LMC has the opposite view. In light of this difference of opinion, LMC respectfully requests that the Court clarify whether LMC can defend itself by proving the Commonwealth, acting through its agencies or instrumentalities other than PADEP, bears some portion of the liability at Quehanna.