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The U.S. Court of Appeals for the Federal Circuit ruled on Aug. 31 that four electric utilities may sue the U.S. Department of Energy for damages from the department's failing to accept highly radioactive waste from their nuclear power plants.

The court rejected the government's argument that relief was available through the administrative process and concluded the utilities have authority to seek civil damages from the Court of Federal Claims.

The decision set back government attempts to negotiate out-of-court settlements with scores of utilities over the waste issue.

The DOE acknowledges it has been contractually obligated to accept the waste since January 1998 but has argued that there is no place to put the used reactor fuel now kept at reactor sites.

MaryAnne Sullivan, the department's general counsel, informed the Associated Press that no decision has been made on whether to appeal the ruling but that the DE would be discussing litigation options with the Department of Justice in the coming weeks.

The appeals court found in the case involving Maine Yankee Atomic Power Co., Connecticut Yankee Atomic Power Co., and the Yankee Atomic Electric Co.

The utilities own three reactors in New England that have been shut down, but tons of used reactor fuel remain on site.

The court in a separate ruling, according to the AP, found that Northern States Power Co., in Minnesota also could seek damages through the Court of Federal Claims, citing the same reasoning as in the Yankee case.

A spokesperson said that the three Yankee companies are seeking a total of about U.S.$300 million. Northern States Power is seeking "in excess of $1 billion," according to court filings.

About a dozen utilities, including those involved in the two cases before the appeals court, have sought damages in filings with the claims court over the failure of the government to take used reactor fuel.

It remains unclear how the appeals court decision will affect these other cases involving government acceptance of some 40,000 tons of spent nuclear fuel building up at reactors in 31 states.

Edited by Paul Hersch
Managing Editor, Pollution Online