Legal Opinion
PSI Energy, Inc. v. United States
United States Court of Federal Claims
Decided March 1, 2004No. Nos. 96-371 C, 96-407PublishedCited by 6 opinions
1Opinion of the Court
OPINION AND ORDER
BLOCK, Judge.
In this case, plaintiffs PSI Energy, Inc. (“PSI”) and Cincinnati Gas & Electric Co. (“CGE”) contend that the imposition by the Department of Energy (“DOE”) of a monetary special assessment pursuant to the Energy Policy Act of 1992, 42 U.S.C. § 2297g-l(a) (“EPACT”), was contrary to the meaning and purpose of the statute and constituted an illegal exaction contrary to the Due Process Clause of the Fifth Amendment.1 The need for a special assessment was the result of a noxious yet inevitable byproduct of the “Atoms for Peace” program of the 1950’s, radioactive…
2Cases cited55 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
- Marbury v. MadisonSupreme Court of the United States · 1803
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- Caminetti v. United StatesSupreme Court of the United States · 1917
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3Cited by6 opinions
- Forest Products Northwest, Inc. v. United StatesUnited States Court of Federal Claims · 2004
- Boye v. United StatesUnited States Court of Federal Claims · 2009
- Psi Energy, Inc. And Cincinnati Gas & Electric Co. v. United StatesCourt of Appeals for the Federal Circuit · 2005
- Blueport Co. v. United StatesUnited States Court of Federal Claims · 2006
- Psi Energy, Inc. And Cincinnati Gas & Electric Co. v. United StatesCourt of Appeals for the Federal Circuit · 2005
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