United States Federal Circuit

In an appeal of damages assessed for the federal government's breach of its commitment to dispose of spent nuclear fue, the Claims Court's: 1) award of damages related to the costs of operating a spent fuel pool after the plaintiff purchased a nuclear facility in 2001 is reversed; 2) award to the plaintiff of damages related to regulatory fees paid to the Nuclear Regulatory Commission is reversed; 3) denial of damages for certain overhead costs related to the plaintiff's mitigation activities is reversed; and 4) denial of damages for the cost of capital to fund the plaintiff's mitigation activities is affirmed.

Appellate Information

• Decided 04/16/2012
• Published 04/16/2012

Judges

• Dyk

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Alex D. Tomaszczuk, Andrew P. Averbach