DOMINION RESOURCES, INC. v. U.S.

Nos. 2009-5031, 2009-5032.

641 F.3d 1359 (2011)

DOMINION RESOURCES, INC., Dominion Nuclear Connecticut, Inc., and Virginia Electric and Power Company, Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 25, 2011.


Attorney(s) appearing for the Case

Brad Fagg , Morgan, Lewis & Bockius, LLP, of Washington DC, argued for the 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 the defendant-appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Lisa L. Donahue , Trial Attorney. Of counsel on the brief were Andrew P. Averbach , Senior Trial Counsel, and Christopher J. Carney and Scott Slater , Trial Attorneys; Jane K. Taylor , Office of General Counsel, United States Department of Energy, of Washington, DC.

Opinion for the court filed by Circuit Judge MOORE. Circuit Judge GAJARSA concurs-in-part and dissents-in-part.


MOORE, Circuit Judge.

In this spent nuclear fuel (SNF) case, the United States appeals two narrow issues underlying the Court of Federal Claims' award of damages to Dominion Nuclear Connecticut, Inc. (Dominion) for partial breach of contract. First, the government appeals the trial court's holding that the Assignment of Claims Act does not prohibit the assignment of existing contract claims to Dominion. Because the Nuclear Waste Policy Act (NWPA), 42 U.S.C. §...

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