Entergy Nuclear Indian Point 2, LLC v. United States

Spent Nuclear Fuel Case; Claim for Recovery of NRC Fees; Motion for Partial Summary Judgment; Collateral Estop-pel; Effect of Federal Circuit’s Boston Edison and Consolidated Edison Decisions; Material Fact Issues to be Resolved at Trial.

OPINION AND ORDER ON DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT

WHEELER, Judge.

This case arises from a partial breach by the U.S. Department of Energy (“DOE”) of its contractual obligations to accept and dispose of spent nuclear fuel (“SNF”) at the Indian Point 1 and 2 Nuclear Power Stations north of New York City. Plaintiff Entergy Nuclear Indian Point 2,…