Dairyland Power Cooperative v. United States

Motion in limine, Spent Nuclear Fuel, Offset Costs, Incurred Costs, Res Judicata

OPINION AND ORDER

EDWARD J. DAMICH, Senior Judge

Before the Court is a Motion in limine filed by Plaintiff Dairyland Power Cooperative (“Dairyland”). Dairyland seeks an order pursuant to Rule 7 of the Rules of the Court of Federal Claims (“RCFC”) prohibiting Defendant, the United States, from arguing that Dairyland must deduct from its pending damages claim the nonbreach world cost of delivering spent fuel to the United States Department of Energy (“DOE”) in 1998 or earlier. Dairyland further seeks, pursuant to RCFC…