CONSOLIDATED EDISON CO. v. ENTERGY NUCLEAR INDIAN

Nos. 2010-5155, 2010-5157.

676 F.3d 1331 (2012)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Plaintiff, v. ENTERGY NUCLEAR INDIAN POINT 2, LLC, Plaintiff-Cross Appellant, v. United States, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 16, 2012.


Attorney(s) appearing for the Case

Alex D. Tomaszczuk , Pillsbury Winthrop Shaw Pittman LLP, of McLean, Virginia, argued for plaintiff-cross appellant. With him on the brief were Jay E. Silberg and Evan D. Wesser , of Washington, DC. Of counsel on the brief was L. Jager Smith, Jr. , Wise Carter Child Caraway, P.A., of Jackson, Mississippi.

Andrew P. Averbach , Senior Trial Counsel, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Alan J. Lo Re , Assistant Director. Of counsel on the brief were Patrick B. Bryan , Scott Slater and Shari A. Rose , Trial Attorneys; and Jane K. Taylor , Office of General Counsel, United States Department of Energy, of Washington, DC.

Before LINN, DYK, and PROST, Circuit Judges.


DYK, Circuit Judge.

This case involves the federal government's breach of its commitment to dispose of spent nuclear fuel. On appeal, there is no dispute as to the government's liability. However, the government and Entergy Nuclear Indian Point 2, LLC ("ENIP") separately appeal the decision of the Court of Federal Claims ("Claims Court") with respect to damages. See Consol. Edison Co. of N.Y., Inc. v. United States...

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