KS Gas & Elec. Co. v. United States, No. 11-5044 (Fed. Cir. 2012)Annotate this Case
Kansas power companies suffered damages due to the government’s partial breach of the Standard Contract for Disposal of Spent Nuclear Fuel And/Or High-Level Radioactive Waste, authorized by the Nuclear Waste Policy Act of 1982, 42 U.S.C. 10101–10270. The Court of Federal Claims conducted a nine-day trial and awarded $10,632,454.83. The Federal Circuit affirmed in part. In determining the amount of damages, thel court correctly did not award damages for cost of capital and for the costs associated with researching alternative storage options for spent nuclear fuel and high level radioactive waste. The court also appropriately reduced the companies’ damages by the value of the benefit they received as a result of their mitigation activities. However, the court erred by not accepting the companies’ reasonable method for calculating overhead costs.