United States Federal Circuit

In a suit for plaintiffs' damages due to the government's partial breach of the Standard Contract for Disposal of Spent Nuclear Fuel And/Or High-Level Radioactive Waste, the United States Court of Federal Claims judgment and awarded to plaintiffs is: 1) affirmed in part where the trial court correctly a) did not award damages for cost of capital and for the costs associated with researching alternative storage options for spent nuclear fuel (SNF) and high level radioactive waste (HLW), and b) appropriately reduced plaintiffs' damages by the value of the benefit they received as a result of their mitigation activities; and 2) reversed in part where the trial court erred by not accepting the plaintiffs' reasonable method for calculating overhead costs.

Appellate Information

• Decided 07/11/2012
• Published 07/11/2012

Judges

• RADER

Court

• United States Federal Circuit

Counsel