Jenner & Block

Exelon and U.S. Settle Dispute Over Spent Nuclear Fuel Storage Costs

Firm client Exelon Corporation and the U.S. Department of Justice, in close consultation with the U.S. Department of Energy, announced recently that they have reached a settlement under which the government will reimburse Exelon for costs associated with storage of spent fuel at the company’s nuclear stations pending DOE fulfilling its contractual obligations to accept commercial spent nuclear fuel.

According to a company press release, the settlement resolves all pending spent fuel litigation brought against the federal government by Exelon and subsidiaries Exelon Generation Company, Commonwealth Edison Company and AmerGen Energy Company.

According to Exelon, under the settlement agreement, Exelon will receive $80 million immediately in gross reimbursements for storage costs already incurred, with additional amounts reimbursed annually for future costs. If a national repository opens by 2010 and DOE begins accepting spent nuclear fuel as the department has said, gross reimbursements to Exelon would eventually total about $300 million.

The settlement announced by Exelon resolves litigation that the Firm has pursued on behalf of the client since 1998.  The Firm litigation team was headed by Jenner & Block Partner Norman M. Hirsch and included Partners Donald R. Cassling, David A. Handzo, and David Jimenez-Ekman; Associates Christopher Tompkins, Jennifer L. Vance, Lisa M. Eddington, Nada Djordjevic, Karen A. Waple and Joanne Hannaway Sweeney; and Paralegal Francisco Cano Jr.