In Boston Edison Co. v. United States, 93 Fed. Cl. 105 , 125-28 (2010), affd in part, revd in part, and remanded, 658 F.3d 1361 (Fed. Cir. 2011), the Court determined that but for DOEs (Department of Energy) breach, plaintiff would not have been assessed Nuclear Regulatory Commission (NRC) generic costs for dry storage activities that it incurred after the 1999 rule change. Id. at 128. On appeal, the Government argued only that it was entitled to a partial offset for a portion of the plaintiffs NRC fees, rather than challenging the trial courts causation findings. See Boston Edison, 658 F.3d at 1368. The Federal Circuit sustained the Governments appeal on that limited basis. See id. at 1370. On remand, the Boston Edison parties reached an agreement on the portion of fees to be awarded to the plaintiff and judgment was entered accordingly. See Boston Edison Co. v. United States, 106 Fed. Cl. 330 , 332 (2012).