Southern California Edison Co. v. United States

PLAGER, Circuit Judge.

In this, another of the spent nuclear fuels cases, the United States (“Government”) had contracted to dispose of plaintiffs spent nuclear fuel and related wastes; as in the other cases, the contract continues to be breached because the United States has yet to perform. The only issue before us is the measure of damages, specifically, whether certain indirect overhead costs incurred by plaintiff can be included in plaintiffs damages calculations. The United States Court of Federal Claims (“Court of Federal Claims”) concluded that such indirect costs are includable. The…