Court of Federal Claims judgment against the United States for the Department of Energy's partial breach of its contract with certain nuclear utilities is affirmed in part and vacated in part where: 1) the trial court improperly relied on the 2004 annual capacity report process for calculating damages, and on remand must determine damages based on the 1987 schedule identified in Pacific Gas as the appropriate measuring stick for determining the parties' contractual intent; and 2) the court did not err in holding that defendants should be allowed to recover an appropriate portion of overhead costs and other indirect expenses.
Appeal from the United States Court of Federal Claims
Decided July 21, 2009
Before MAYER, RADER, and BRYSON, Circuit Judges.
Opinion by RADER, Circuit Judge.
For Defendant: Harold D. Lester, Jr., United States Department of Justice, Washington, DC.