Judge Nixes SC's $100M Claim Over MOX Construction Delays
A federal judge on Feb. 8 dismissed a claim by the state of South Carolina against the U.S. Dept. of Energy over delayed construction of the Mixed-Oxide Fuel Fabrication Facility, near Aiken, S.C. The claim for financial compensation was part of a lawsuit the state filed in February 2016 seeking payment of $1 million per day—or an annual maximum of $100 million—for the MOX facility not producing fuel by Jan. 1, 2016. Prior to the beginning of construction in 2007, DOE and South Carolina agreed to this stipulation. The judge ruled that the court did not have jurisdiction to consider the claim and, instead, ordered the parties to conduct mediation hearings. Schedule and cost estimates for the project have proved troublesome. According to a recent DOE report, the contractor estimates construction completion in 2029, while the agency estimated final completion in 2048.