Indiana Michigan Power Company v. Department of Energy and United States of America, Northern States Power Company (Minnesota), Intervenors

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

The Nuclear Waste Policy Act (“NWPA”) of 1982 authorized the Secretary of Energy (“Secretary”) to enter contracts with owners and generators of high-level radioactive waste and spent nuclear fuel (“SNF”) under which the private parties were to pay the Secretary statutorily imposed fees in return for which the Secretary, “beginning not later than January 31, 1998, will dispose of the high-level radioactive waste or [SNF] involved....” 42 U.S.C. § 10222(a)(5)(B) (1994). Petitioners are utilities and state commissions…