SOUTHERN NUCLEAR OPERATING CO. v. U.S.

Attorney(s) appearing for the Case

M. Stanford Blanton , Balch & Bingham LLP, of Birmingham, Alabama, argued for plaintiffs-appellees. With him on the brief were Ed. R. Haden and K.C. Hairston . Of counsel on the brief were Ronald A. Schechter , Jeffrey L. Handwerker and Matthew M. Shultz , Arnold & Porter LLP, of Washington, DC.

Andrew P. Averbach , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for the defendant-appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Alan J. Lo Re , Assistant Director. Of counsel was Harold D. Lester, Jr. , Attorney. Of counsel on the brief were Marian E. Sullivan , Senior Trial Counsel, James P. Connor , Lisa L. Donahue and Shari A. Rose , Trial Attorneys; and Jane K. Taylor , Office of the General Counsel, United States Department of Energy, of Washington, DC.

Before LINN, SCHALL, and DYK, Circuit Judges.