Entergy Louisiana has filed suit against the federal government, asking for $35 million related to the storage and disposal of nuclear waste produced at its nuclear power plant in St. Francisville.
The suit, filed in the U.S. Court of Federal Claims, alleges the U.S. Department of Energy failed to honor a 1984 contract that obliges it to dispose of nuclear waste produced at Entergy’s River Bend nuclear power plant, which began operations in St. Francisville in 1985.
The contract, and federal law, dictates that the nuclear waste was to be disposed of by Jan. 31, 1998, and to date, Entergy has paid more than $179 million in fees for that contracted removal of waste.
In this “third round” case, the company alleges DOE has never honored its side of the deal. More than $47 million was awarded to Entergy in 2016 for damages incurred up through December 2010, and a second case awarded $19 million to Entergy for damages incurred from January 2011 through 2016.
Because of a previous federal court decision, the company can only seek damages for costs incurred and cannot ask for funds for anticipated future nonperformance.
“For more than twenty years, since the 1998 performance date, DOE has continued its retreat on the date a permanent geological repository will become operational from 2010 to 2017 to 2020 and now, in its latest projections made in January 2013, the year 2048, and has failed and refused to provide any firm commencement date for the disposal of (Spent Nuclear Fuel),” the lawsuit reads.
Representing attorneys could not be reached for comment before this afternoon’s deadline.