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Vermont Yankee Nuclear Power Corp. v. Entergy Nuclear Vermont Yankee, LLC

Citation: 42 ELR 20135
No. 2011-5033 et al., (Fed. Cir., 06/13/2012)

The Federal Circuit affirmed in part and reversed in part damages awarded to the current owner of the Vermont Yankee Nuclear Power Station stemming from the government's failure to dispose of spent nuclear fuel generated at the station. The owner's legal and lobbying fees to secure approval from the state of Vermont for a dry storage facility were foreseeable and, therefore, recoverable. But other state-imposed requirements were not foreseeable and not recoverable, including payments into the state's Clean Energy Development Fund, performance of a flood analysis, and construction of a visual barrier to the dry storage facility. In addition, the owner did not meet its burden of proof with respect to its claimed damages for the costs of disposing of contaminated material discovered due to the breach and the characterization of spent fuel moved to on-site dry storage. Nor is the owner entitled to recover its cost of capital to fund its mitigation activities.