United States Federal Circuit

In a case involving the damages calculation for the government’s partial breach of a contract with a utility over the handling of spent nuclear fuel, the trial court's award to the utility is affirmed, where: 1) the trial court's determination that the damages claim for evaluation of off-site private fuel storage (PFS) was within the Federal Circuit's mandate requiring the trial court to reconsider the damages presented during the initial trial; 2) the record supported the trial court's finding that the utility undertook off-site PFS to mitigate the impending and foreseeable breach, so there was no error in the corresponding damages awarded; 3) there was no abuse of discretion in the trial court's award of costs for certain damages based on an exchanges model; and 4) there was no error in the trial court's determination concerning the entitlement and offset applied when calculating those damages.

Appellate Information

• Decided 02/21/2012
• Published 02/21/2012

Judges

• Rader

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Carter G. Phillips, Harold D. Lester, Jr.