Vermont Yankee Nuclear Power Corp. v. Entergy Nuclear Vermont Yankee, LLC

I join the court’s opinion on all issues but one: the majority’s conclusion that payments to the Vermont Clean Energy Development Fund and the requirement to put up a visual barrier at the power plant were unforeseeable and therefore cannot be included in the calculation of ENVY’s damages.

With respect to ENVY’s payments into the Clean Energy Development Fund, I would uphold the trial court’s finding that it was reasonably foreseeable at the time of contract formation that a nuclear operator would be faced with expenses of that type if the government’s breach forced the operator to build a dry…