Yankee Atomic Electric Co. v. United States

OPINION and ORDER1

MEROW, Senior Judge.

Three nuclear utilities seek damages for the Department of Energy’s (“DOE”)’s *251breach of contract to accept, transport, and dispose of their spent nuclear fuel (“SNF”).2 Substantial storage costs for SNF are borne by utility ratepayers whose rates also reflect the $440.5 ± million paid or to be paid to DOE under the contracts involved. Breach of contract by the United States has been established. Maine Yankee Atomic Power Co. v. United States, 225 F.3d 1336, 1342 (Fed.Cir.2000). Plaintiffs seek to recover their incurred SNF storage costs from the United…