Gusc Energy, Inc. v. United States

Grants Made Under the American Recovery and Reinvestment Act of 2009, Section 1603; Cogeneration Plants; Cost-Basis Allocation; Recapture

OPINION AND ORDER

WHEELER, Judge

Plaintiff GUSC Energy, Inc. (“GUSC Energy”) is the owner and operator of an open-loop biomass facility (the “Biomass Plant”). It brought this action on December 22, 2014, alleging that the Government underpaid it by more than five million dollars when it issued a grant to GUSC Energy under Section 1603 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, 123 Stat. 115 (“ARRA”). Section 1603 allows certain…