Legal Opinion

Commonwealth Edison Co. v. United States Department of Energy and United States of America

Court of Appeals for the D.C. Circuit

Decided June 23, 1989No. 88-1585PublishedCited by 15 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

In this petition for review of a decision by the U.S. Department of Energy ("DOE”) Board of Contract Appeals, the Commonwealth Edison Company (“Commonwealth Edison”) challenges DOE’s application of an interest rate based on the market yield of U.S. government securities to Commonwealth Edison’s debt to the Nuclear Waste Fund (“Fund”), established pursuant to 42 U.S.C. § 10222. Commonwealth Edison asserts that the phrase “Treasury bill rate” in a DOE standard form contract providing for payments to the Fund, 10 C.F.R. §…

2Cases cited9 opinions

  1. Bennett v. Kentucky Department of EducationSupreme Court of the United States · 1985
  2. George W. Sturm, Doing Business as George W. Sturm Associates v. The United StatesUnited States Court of Claims · 1970
  3. Honeywell Inc. v. United StatesUnited States Court of Claims · 1981
  4. FirstSouth, F.A. v. Lawson Square, Inc. (In Re Lawson Square, Inc.)Court of Appeals for the First Circuit · 1987
  5. Central Electric Cooperative, Inc. v. Bonneville Power Administration, U.S. Department of Energy, and Direct Service Industrial Customers, IntervenorsCourt of Appeals for the Ninth Circuit · 1987

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3Cited by15 opinions

  1. K N Energy, Inc. v. Federal Energy Regulatory Commission, Western Gas Resources, Inc., Williston Basin Interstate Pipeline Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1992
  2. Estes v. ConocoPhillips Co.Supreme Court of Oklahoma · 2008
  3. Commonwealth Edison Co. v. United StatesUnited States Court of Federal Claims · 2003
  4. Boston Edison Co. v. StatesUnited States Court of Federal Claims · 2005
  5. Tennessee Valley Authority v. United StatesUnited States Court of Federal Claims · 2004

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