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REGULATORY UTILITY NATIONAL ASS'N v. ENERGY DEPT.

Nos. 11-1066, 11-1068.

736 F.3d 517 (2013)

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

United States Court of Appeals, District of Columbia Circuit.

Decided November 19, 2013.

Attorney(s) appearing for the Case

Jay E. Silberg argued the cause for petitioner. With him on the briefs were Timothy J.V. Walsh , James Bradford Ramsay , Holly Rachel Smith , and Anne W. Cottingham.

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

Allison Kidd-Miller , Senior Trial Counsel, U.S. Department of Justice, argued the cause for respondent. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, and Jeanne E. Davidson, Director.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge.

Petitioners, a group of nuclear power plant operators, appear again before us to claim, essentially, that so long as the government has no viable alternative to Yucca Mountain as a depository for nuclear waste they should not be charged an annual fee to cover the cost of that disposal. We agree.

I.

Last year we decided that the Secretary of Energy had not complied with his statutory obligation to determine annually...

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