Northern States Power Co. v. United States Department of Energy

How courts have described this case

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

• concluding that DOE cannot avoid its obligations under the NWPA by claiming its delay is unavoidable because it lacks . an operational repository for spent fuel
• explaining that avoidable delays result in money damages whereas unavoidable delays create no liability
• granting a petition for writ of mandamus because the government “ha[d] not abided by [the] prior conclusion [in Indiana Michigan Power]”
• “[T]he Standard Contract between DOE and the utilities provides a potentially adequate remedy . . . .”
• “We . . . issue a writ of mandamus precluding DOE from advancing any construction of the Standard Contract that would excuse its delinquency on the ground [of Unavoidable Delay].”
• “The party seeking mandamus has the burden of showing that ‘its right to issuance of the writ is clear and indisputable.’”

Source: CourtListener parenthetical corpus (CC0).