United States v. Duke Energy Corp.

MEMORANDUM OPINION AND ORDER

OSTEEN, JR., District Judge.

Currently pending and ripe for ruling is Plaintiffs Motion for Summary Judgment on All Remaining Claims (the “Plant Modernization Program” Claims). (Doc. 434.) For the reasons set out below, this court will grant the motion in part and deny it in part.

I. STANDARD OF REVIEW

Summary judgment should be granted if, even taking all the evidence in the light most favorable to the non-moving party, Zakodnick v. Int’l Bus. Machs. Corp., 135 F.3d 911, 913 (4th Cir.1997), “the movant shows that there is no genuine dispute as to any material fact…