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Entergy Nuclear Indian Point 2, LLC v. United States

ELR Citation: 46 ELR 20166
Nos. 13-619C, (Fed. Cl., 10/13/2016) (Firestone, J.)

The Federal Claims Court held that DOE owes an energy company nearly $34.5 million in damages for failing to perform its contractual obligations to remove spent nuclear fuel from a nuclear power plant in New York. The court granted all of the company's claims except for the Part 171 NRC fees, the repairs to a fuel handling machine and overhead crane, and certain expediting fees. In addition, DOE sought a $223,545 reduction in damages for delays caused by rust issues, but the proposed reduction was denied. In total, the court awarded $34,469,598 in damages to the company.