Consolidated Edison Co. of New York, Inc. v. Entergy Nuclear Indian Point 2, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that “comments made by NRC Commissioner Merrifield in an internal NRC memorandum ... 'were insufficient as a matter of law to demonstrate that the new NRC rules were the result of a government breach.”
• stating that “while [Commissioner] Merri-field’s comments explicitly suggest proposing legislation to amend the NWPA because of the government’s delay in accepting SNF, it does nothing to suggest that the 1999 rule change was the result of that delay or DOE’s breach”
• analyzing the text of NRC’s Federal Register explanation of a proposed and final rule
• “ENIP has failed to show that the 1999 rule change was the result of DOE’s breach.”
• analyzing the evidence of causation and finding it lacking

Source: CourtListener parenthetical corpus (CC0).