Nebraska Public Power District v. United States

OPINION and ORDER

ALLEGRA, Judge.

At issue is whether a writ of mandamus issued by the United States Court of Appeals for the District of Columbia Circuit in Northern States Power Co. v. Department of Energy, 128 F.3d 754 (D.C.Cir.1997), precludes defendant from presenting a particular defense to plaintiffs claims in this case, which involves a contract for the retrieval and storage of spent nuclear fuel.

Resolution of this issue poses vexing choices — between the finality of court orders and their validity, between judicial economy and deciding eases on the merits, and between comity and…