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Yankee Atomic Electric Co. v. United States

ELR Citation: 42 ELR 20111
Nos. Nos. 2011-5020 et al., (Fed. Cir., 05/18/2012)

The Federal Circuit awarded a power company $17,021,742 in its suit against the U.S. government for the cost of storing spent nuclear fuel (SNF) and high-level radioactive waste beyond the time that the government promised by contract to begin storing that waste in a permanent and secure repository. The trial court correctly calculated damages for dry storage construction costs, deferred costs of loading waste to DOE, and reracking costs. However, it erred in denying the company's claim for a portion of its wet pool storage costs and NRC fees, as no fees would have been incurred by the inactive plant if the SNF had been removed in a timely manner pursuant to the contract.