United States Federal Circuit

In an action seeking damages to compensate for the cost of storing spent nuclear fuel (SNF) and high-level radioactive waste beyond the time that the government promised by contract to begin storing that waste in a permanent and secure repository, the Federal Circuit: 1) affirms a) the trial court's factual determination and award of damages based on an exchanges model, b) the trial court's determination regarding the deferred costs for loading waste to DOE, and c) the trial court's finding that the government could not assert that Greater Than Class C radioactive waste must be included in the SNF acceptance queue calculations; and 2) reverses the trial court's denial of wet storage pool costs and NRC fees.

Appellate Information

• Decided 05/18/2012
• Published 05/18/2012

Judges

• Rader

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Catherine E. Stetson, Harold D. Lester, Jr.