Dairyland Power Cooperative v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
PROST, Circuit Judge.
This case concerns the Department of Energy’s (“DOE’s” or “the government’s”) breach of its obligation to accept spent nuclear fuel from the nation’s nuclear power utilities. Liability is not at issue. The parties dispute various aspects of the U.S. Court of Federal Claims’ damages award.
First, the government contends that the trial court erred in awarding damages based on testimony that absent breach, the plaintiff would have successfully bargained its way to the front of DOE’s fuel acceptance queue and would have transferred away all spent nuclear fuel in the first year…
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