CAROLINA POWER & LIGHT CO. v. U.S.

No. 2008-5108.

573 F.3d 1271 (2009)

CAROLINA POWER & LIGHT COMPANY and Florida Power Corporation, Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 21, 2009.


Attorney(s) appearing for the Case

Brad Fagg, Morgan, Lewis & Bockius LLP, of Washington, DC, argued for plaintiffs-appellees. With him on the brief was David M. Kerr.

Harold D. Lester, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, Alan J. Lo Re, Assistant Director, Marian E. Sullivan, Senior Trial Counsel, and Christopher J. Carney, Lisa L. Donahoe, Andrew P. Averbach, and Stephen Finn, Trial Attorneys. Of counsel on the brief was Jane K. Taylor, Attorney, Office of the General Counsel, United States Department of Energy, of Washington, DC.

Before MAYER, RADER, and BRYSON, Circuit Judges.


RADER, Circuit Judge.

The United States Court of Federal Claims entered judgment in the amount of $82,789,289 against the United States for the Department of Energy's (DOE's) partial breach of its contract with certain nuclear utilities. Carolina Power & Light Co. v. United States, 82 Fed.Cl. 23 (2008) (CP&L I). Because the trial court based its award on a damages model expressly rejected by this court in Pacific Gas & Electric Co. v....

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