Carolina Power & Light Co. v. United States

OPINION AND ORDER

WHEELER, Judge.

Plaintiffs Carolina Power & Light Company (“CP & L”) and Florida Power Corporation (“FPC”) claim damages of $104,991,508 from Defendant caused by the failure of the Department of Energy (“DOE”) to collect and dispose of spent nuclear fuel beginning January 31, 1998 under the terms of the DOE Standard Contract.

This is a “Round 2” spent nuclear fuel (“SNF”) damages case. See Indiana Michigan Power Co. v. United States, 422 F.3d 1369, 1378 (Fed.Cir.2005) (utilities required to file successive actions for damages related to DOE’s breach within six years of…