PACIFIC GAS AND ELEC. CO. v. U.S.

No. 2007-5046.

536 F.3d 1282 (2008)

PACIFIC GAS AND ELECTRIC COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 7, 2008.


Attorney(s) appearing for the Case

Carter G. Phillips, Sidley Austin LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Virginia A. Seitz and Ruthanne M. Deutsch. Of counsel on the brief were Jerry Stouck and Robert L. Shapiro, Greenberg Traurig LLP, of Washington, DC.

Harold D. Lester, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Jeanne E. Davidson, Director, Alan J. Lo Re, Senior Attorney, Joshua E. Gardner and Scott R. Damelin, Trial Attorneys. Of counsel on the brief was Jane K. Taylor, Attorney, Office of General Counsel, United States Department of Energy, of Washington, DC.

Ronald A. Schechter, Arnold & Porter LLP, of Washington, DC, for amici curiae Southern Nuclear Operating Company, et al. Of counsel on the brief were M. Stanford Blanton, Ed R. Haden, and K.C. Hairston, Balch & Bingham LLP, of Birmingham, Alabama.

Before MAYER, LOURIE, and RADER, Circuit Judges.


RADER, Circuit Judge.

This appeal involves the damages calculation for the partial breach by the United States of its contract with the nuclear utilities, in this case, Pacific Gas & Electric Co. (PG & E), for the storage of high-level nuclear waste (HLW) and spent nuclear fuel (SNF). Because the United States Court of Federal Claims erred in its determination of the rate at which the contract obligated the Department of Energy (DOE) to accept the utilities...

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