Entergy Nuclear Palisades, LLC v. United States

TRIAL OPINION

FIRESTONE, Senior Judge.

This lawsuit is one of a number of cases arising out of the failure of the defendant, the Department of Energy (“DOE” or “government”) to perform its contractual obligations to remove spent nuclear fuel (“SNF”) from nuclear power plants, including plaintiff Entergy Nuclear Palisades, LLC (“Enter-gy”), which operates the Palisades nuclear power plant located in Covert, Michigan. The Nuclear Waste' Policy Act (“NWPA”) of 1982, codified as amended at 42 U.S.C. §§ 10101-10270, called for DOE to enter into agreements under which nuclear power plants would pay…