Fed. Circ. Awards Utilities Full Overhead In Nuke Waste Row
By Dietrich Knauth
Law360, New York (July 12, 2012, 10:28 PM EDT) -- The Federal Circuit on Thursday allowed three Kansas utilities to recover their full overhead costs related to the U.S. government's ongoing breach of an agreement to dispose of spent nuclear fuel in a precedential ruling that could smooth the way for other utilities fighting the U.S. for reimbursement of similar overhead costs.
The appeals court upheld the Court of Federal Claims' ruling that the government breached an agreement with the utilities to pick up spent nuclear fuel for long-term storage from their jointly operated Wolf Creek...