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NAT'L ASS'N OF REGULATORY UTIL. v. DEPT. OF ENERGY

Nos. 11-1066, 11-1068.

680 F.3d 819 (2012)

NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, Petitioner v. UNITED STATES DEPARTMENT OF ENERGY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 2012.

Attorney(s) appearing for the Case

Jay E. Silberg argued the cause for petitioners. With him on the briefs were Timothy J.V. Walsh , James Bradford Ramsay , and Anne W. Cottingham.   Michael A. Bauser entered an appearance.

Joseph A. McGlothlin and Richard C. Bellak were on the brief for amici curiae Florida Public Service Commission, et al. in support of petitioners. Cynthia B. Miller entered an appearance.

Harold D. Lester Jr. , Assistant Director, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Tony West , Assistant Attorney General, and Jeanne E. Davidson , Director.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Petitioners, nuclear power plant owners and operators, ask us to review a November 2010 determination by the Secretary of Energy finding that there was no basis for suspending, or otherwise adjusting, annual fees collected from them totaling some $750 million a year. Those fees are intended to cover the full costs of the government's long-term disposal of civilian nuclear waste. But the Administration has discontinued development of...

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