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Entergy Nuclear Fitzpatrick, LLC v. United States

ELR Citation: ELR 20089
Nos. 2012-5059, (Fed. Cir., 04/02/2013)

The Federal Circuit held that the United States may not use the "unavoidable delay" defense in breach of contract actions stemming from its failure to accept spent nuclear fuel (SNF) from the nation's nuclear utilities. The Standard Contract provided that DOE was to begin accepting SNF no later than January 31, 1998, but it failed to do so....

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