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ALABAMA POWER CO. v. U.S. DEPT. OF ENERGY

No. 00-16138.

307 F.3d 1300 (2002)

ALABAMA POWER COMPANY, Carolina Power & Light Company, et al., Petitioners, v. UNITED STATES DEPARTMENT OF ENERGY, The United States of America, Respondents, Exelon Generation Company, LLC, Intervenor.

United States Court of Appeals, Eleventh Circuit.

September 24, 2002.

Attorney(s) appearing for the Case

David J. Cynamon, Alex D. Tomaszczuk, Jay E. Silberg, Shaw Pittman, Washington, DC, David R. Boyd, Balch & Bingham, Montgomery, AL, M. Stanford Blanton, Yvonne Norris Beshany, Balch & Bingham, Birmingham, AL, for Petitioners.

Harold D. Lester, Jr., David M. Cohen, U.S. Dept. of Justice, Civ. Div., William L. Olsen, U.S. Dept. of Justice, Washington, DC, for Respondents.

Brad Fagg, Morgan, Lewis & Bockius, LLP, Washington, DC, for Intervenor.

Before TJOFLAT and BIRCH, Circuit Judges, and GOLDBERG, Judge.

TJOFLAT, Circuit Judge:

Pursuant to the Nuclear Waste Policy Act of 1982 ("NWPA"), 42 U.S.C. § 10101 et seq., the Department of Energy ("Department") contracted with operators of nuclear power plants to begin disposal of spent nuclear fuel ("SNF") "not later than January 31, 1998." 42 U.S.C. § 10222(a)(5)(B). It failed to do so. Hoping to stem the tide of litigation arising out of this massive breach, the Department entered into a settlement agreement...

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