Pacific Gas & Electric Co. v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
RADER, Circuit Judge.
This appeal involves the damages calculation for the partial breach by the United States of its contract with the nuclear utilities, in this case, Pacific Gas & Electric Co. (PG & E), for the storage of high-level nuclear waste (HLW) and spent nuclear fuel (SNF). Because the United States Court of Federal Claims erred in its determination of the rate at which the contract obligated the Department of Energy (DOE) to accept the utilities’ HLW and SNF, this court reverses-in-part and remands.
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PG & E owns Humboldt Bay and Diablo Canyon, two nuclear power generation stations…
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