Dairyland Power Cooperative v. United States

OPINION

DAMICH, Judge:

This spent nuclear fuel case comes to the Court on remand. The Court previously awarded mitigation damages to Dairyland Power Cooperative (“Dairyland”) for costs related to Private Fuel Storage, LLC (“PFS”). The Federal Circuit vacated that portion of the damages award and remanded for this Court to determine whether to offset the award to account for profit-oriented speculation. For the reasons set forth below, the Court finds that all of Dairyland’s PFS expenses were properly in mitigation and not unrecoverable due to speculation. Accordingly, the Court reinstates its…