News & Observer | newsobserver.com | Court awards Progress Energy $83 million

Published: May 21, 2008 05:35 PM
Modified: May 21, 2008 05:33 PM

Court awards Progress Energy $83 million

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A federal court awarded Progress Energy $82.8 million to cover the company’s costs related to storing spent nuclear fuel at its plants in the Carolinas.

The Raleigh company, along with other utilities, sued the Department of Energy to cover its costs after the government failed to open a repository for used nuclear fuel by 1998, as required by law.

Lawmakers and regulators have sparred for years about whether to create a repository at Yucca Mountain in Nevada.

Progress Energy sued to recover $91 million in costs incurred between Jan. 31, 1998 and Dec. 31, 2005. It will likely seek to recover more recent costs in future suits.

The company stores spent fuel at its Shearon Harris nuclear plant in southwestern Wake County, including fuel it transports by train from its Brunswick nuclear plant, south of Wilmington.

Progress Energy announced Monday’s ruling from the U.S. Court of Federal Claims this afternoon.

There are about 60 similar cases brought by utilities nationwide. Some have been settled.

Progress Energy said it expects the Department of Justice will appeal Monday’s ruling.

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