Consolidated Edison Co. of New York, Inc. v. Entergy Nuclear Indian Point 2, LLC
Court of Appeals for the Federal Circuit
1Opinion of the Court
DYK, Circuit Judge.
This case involves the federal government’s breach of its commitment to dispose of spent nuclear fuel. On appeal, there is no dispute as to the government’s liability. However, the government and Entergy Nuclear Indian Point 2, LLC (“ENIP”) separately appeal the decision of the Court of Federal Claims (“Claims Court”) with respect to damages. See Consol. Edison Co. of N.Y., Inc. v. United States, 92 Fed.Cl. 466 (2010). The government appeals the Claims Court’s award of two categories of damages: (1) ENIP’s Unit 1 wet storage costs for the continued operation of its Unit 1…
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