Public Service Co. v. United States

OPINION

BUSH, Judge.

This ease is before the court on defendant’s motion for summary judgment under Rule 56 of the Rules of the United States Court of Federal Claims (RCFC). The scope of the parties’ briefing is restricted to a question of whether the United States waived one of its contract rights. For the reasons set forth below, the court grants defendant’s motion.

BACKGROUND1

Plaintiff Public Sendee Company of Oklahoma (PSO) is an electric utility company operating in certain parts of Oklahoma. Compl. at 1. The McAlester Army Ammunition Plant (MCAAP) of the United States Army is located in…