ROEDLER v. DEPARTMENT OF ENERGY

No. 00-1204.

255 F.3d 1347 (2001)

Patrick ROEDLER, Thomas McDonough, Jeannie Strobel, Richard Palmer, Noreen Hoft, and HJ Company, Plaintiffs-Appellants, v. DEPARTMENT OF ENERGY, Secretary of the Treasury, and United States, Defendants-Appellees, v. Northern States Power Company, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: July 6, 2001.


Attorney(s) appearing for the Case

John A. Cochrane, Cochrane & Bresnahan, P.A., of St. Paul, Minnesota, argued for plaintiffs-appellants. Of counsel on the brief were Brian B. O'Neill, Richard A. Duncan, Elizabeth H. Schmiesing, and Vanya S. Hogen, Faegre & Benson LLP, of Minneapolis, Minnesota. Of counsel was Rodney A. Wilson, Wilson Law Office, P.A., of Minneapolis, Minnesota.

Dana J. Martin, Attorney, Civil Division, Appellate Staff, Department of Justice, of Washington, DC, argued for defendants-appellees, Department of Energy, Secretary of the Treasury, and the United States. On the brief were J. Christopher Kohn, Director; and Sandra P. Spooner, Deputy Director. Of counsel was Douglas N. Letter, Attorney.

Timothy R. Thornton, Briggs and Morgan, P.A., of Minneapolis, Minnesota, argued defendant-appellee, Northern States Power Company. With him on the brief was Michael C. Krikava. Of counsel on the brief was Michael C. Connelly, Deputy General Counsel, Northern States Power Company, of Minneapolis, Minnesota.

Thomas Erik Bailey, Assistant Attorney General, Public Utilities Commission; and Julia E. Anderson, Assistant Attorney General, Department of Commerce, State of Minnesota, of St. Paul, Minnesota, for amicus curiae State of Minnesota, Minnesota Department of Commerce. With them on the joint amici brief for Northern States Power Company, was Mike Hatch, Attorney General, State of Minnesota.

Before NEWMAN, MICHEL, and RADER, Circuit Judges.


PAULINE NEWMAN, Circuit Judge.

The plaintiffs, Patrick Roedler et al., are ratepaying customers for electric power produced from nuclear fuel by Northern States Power Company. The rates paid by these customers include charges that, according to the complaint, are intended to pay for the storage and disposal of spent nuclear fuel and other nuclear waste, pursuant to federal statute and implementing contracts between the United States Department of Energy (DOE) and...

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