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Nuclear Waste

Entergy Nuclear Fitzpatrick, LLC v. United States

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...

Shieldalloy Metallurgical Corp. v. Nuclear Regulatory Commission

The D.C. Circuit held that NRC's transfer of authority to New Jersey over nuclear materials within the state was arbitrary and capricious. The NRC may transfer regulatory authority over classes of nuclear materials located within a...

Kansas Gas & Electric Co. v. United States

The Federal Circuit affirmed in part and reversed in part a lower court's award of over $10.5 million in damages to Kansas electric companies stemming from the U.S. government's partial breach of its contract for the disposal of spent...

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

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...

New York v. Nuclear Regulatory Commission

The D.C. Circuit vacated NRC rulemakings concerning the temporary storage and permanent disposal of spent nuclear fuel. Four states, an Indian community, and a number of environmental groups filed a petition for review challenging...

National Ass'n of Regulatory Utility Commissioners v. United States Department of Energy

The D.C. Circuit held that the DOE Secretary's 2010 determination that there was no basis for suspending, or otherwise adjusting, annual fees collected from nuclear power plant owners and operators following the government's decision to...

Yankee Atomic Electric Co. v. United States

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...

Consolidated Edison Co. of New York v. Entergy Nuclear Indian Point 2, LLC

The Federal Circuit reversed in part a lower court's award of damages in favor of an energy company in a case involving the government's breach of its commitment to dispose of spent nuclear fuel. The court reversed the award of...

Boston Edison Co. v. United States

The Federal Circuit affirmed in part and reversed in part a lower court decision granting the buyer and seller of an energy company damages for the U.S. government's ongoing breach of its contractual obligation to collect and dispose of...

Southern California Edison Co. v. United States

The Federal Circuit, in a breach of contract case involving the U.S. government's failure to dispose of spent nuclear fuels (SNF) produced at San Onofre Nuclear Generating Station, held that certain indirect overhead costs incurred...