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Entergy Nuclear Palisades, LLC v. United States

ELR Citation: 46 ELR 20165
Nos. 12-641C, (Fed. Cl., 10/06/2016) (Firestone, J.)

The Federal Claims Court held that DOE owes an energy company $13.8 million in damages for failing to perform its contractual obligations to remove spent nuclear fuel from a nuclear power plant in Covert, Michigan. The court found in favor of the the company with respect to its claims for costs related to the replacing the rack in the spent fuel pool at the plant, the dry fuel storage loading costs the government now agrees it owes the company, the review of the track alley, and the additional security costs. But the court ruled in favor of DOE with respect to the company's claims for costs associated with the liberation of spent fuel assemblies and the standby costs associated with delays in the company's dry fuel storage campaigns.