For a number of years, Pillsbury has represented Entergy, one of the nation’s largest nuclear power owners/operators, in a series of claims at the U.S. Court of Federal Claims relating to the breach by the Department of Energy of its contract to pick up spent nuclear fuel from Entergy’s Indian Point Energy Center nuclear facility in New York. 

In early Oct. 2021, the Department of Justice made a formal offer of judgment for $83 million to settle the pending Indian Point 2 and 3 claims. Subsequently, Pillsbury submitted Entergy’s formal acceptance of DOJ’s offer. The $83 million settlement, which resulted in the entry of judgment in favor of Entergy on Oct. 12, 2021, represents a recovery of approximately 90 percent of Entergy’s total claim in the case.

According to observers, the settlement is one of the larger offers of judgment made by the Government in this type of matter in recent history.

The Pillsbury team consisted of Government Contracts & Disputes partner Alex Tomaszczuk (as counsel of record) and included Energy partner Jay Silberg and Litigation counsel Clare Cavaliero Pincoski.