Yankee Atomic Electric Co. v. United States

*225OPINION

MEROW, Judge.

This matter is before the court on defendant’s motion to dismiss pursuant to Rule 12(b)(4) of the Rules of the United States Court of Federal Claims (“RCFC”) and plaintiffs cross-motion for partial summary-judgment pursuant to RCFC 56. At issue is a contract under which the defendant, the United States Department of Energy (“DOE”), promised to dispose of spent nuclear fuel and high-level radioactive waste (collectively “SNF”) generated by the plaintiff, Yankee Atomic Power Co. (“Yankee”), in exchange for Yankee’s payment of fees. Contract services were to begin not later…