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SOUTHERN CALIFORNIA EDISON CO. v. U.S.

No. 2010-5147.

655 F.3d 1319 (2011)

SOUTHERN CALIFORNIA EDISON COMPANY, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 23, 2011.

Attorney(s) appearing for the Case

Brad Fagg , Morgan, Lewis & Bockius LLP, of Washington, DC, argued for plaintiff-appellee.

Andrew P. Averbach , Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. On the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Harold D. Lester, Jr. , Assistant Director, and Lisa L. Donahue , Trial Attorney. Of counsel on the brief was Jane K. Taylor , Attorney, Office of General Counsel, United States Department of Energy, of Washington, DC.

Before LOURIE, PLAGER, and DYK, Circuit Judges.

PLAGER, Circuit Judge.

In this, another of the spent nuclear fuels cases, the United States ("Government") had contracted to dispose of plaintiff's spent nuclear fuel and related wastes; as in the other cases, the contract continues to be breached because the United States has yet to perform. The only issue before us is the measure of damages, specifically, whether certain indirect overhead costs incurred by plaintiff can be included in plaintiff's damages calculations...

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