United States Federal Circuit

In a contract dispute arising from the government's failure to accept and dispose of radioactive waste from nuclear utilities, assessments of damages are affirmed in part, reversed in part, and remanded where damages for partial breach of the standard contract governing the waste removal were to be calculated with reference to the removal rates determined in the Annual Capacity Report for 1987.

Appellate Information

• Decided 08/07/2008
• Published 08/07/2008

Judges

• RADER, Circuit Judge., Before MAYER, LOURIE, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Carter G. Phillips, Sidley Austin LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Virginia A. Seitz and Ruthanne M. Deutsch.   Of counsel on the brief were Jerry Stouck and Robert L. Shapiro, Greenberg Traurig LLP, of Washington, DC., Ronald A. Schechter, Arnold & Porter LLP, of Washington, DC, for amici curiae Southern Nuclear Operating Company, et al.   Of counsel on the brief were M. Stanford Blanton, Ed R. Haden, and K.C. Hairston, Balch & Bingham LLP, of Birmingham, Alabama.


• For Appellees:
  
• Harold D. Lester, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Jeanne E. Davidson, Director, Alan J. Lo Re, Senior Attorney, Joshua E. Gardner and Scott R. Damelin, Trial Attorneys.   Of counsel on the brief was Jane K. Taylor, Attorney, Office of General Counsel, United States Department of Energy, of Washington, DC.