Wisconsin Electric Power Co. v. United States

OPINION

MEROW, Senior Judge.

Wisconsin Electric Company (“WE”) claims damages in excess of $90 million representing costs incurred in mitigating the government’s failure to perform its contractual obligations to collect, remove, transport and dispose of spent nuclear fuel (“SNF”) discharged from WE’s Point Beach nuclear generating facility on the shores of Lake Michigan. Electricity rates charged WE’s customers have included over $215 million dollars in fees WE paid to the government for this disposal service, which was to commence not later than January 31, 1998, but which has yet to occur.

The…