|nited States Court of Appeals for the District of Columbia Circuit|
meets at the E. Barrett Prettyman Federal Courthouse
near Judiciary Square in downtown Washignton, D.C.
Since 1982, consumers have paid more than $30 billion into the fund. The court ordered DOE to conduct a complete reassessment of this fee within six months. While the court did not order DOE to suspend the fee payments, the court rejected DOE's bases for continuing to collect the fees.
The court is unequivocal in finding DOE's interpretation of its legal obligation 'unacceptable' and rejecting DOE's use of Yucca Mountain costs as a 'proxy' when the agency terminated the program. The court retained jurisdiction over this matter, and further, ruled that it has authority to direct the Secretary of Energy to suspend collection of the fee. (Power Engineering, 6/12/2012)