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Award Fee Determination Must Be Made By Designated Official

Client Alert | less than 1 min read | 01.29.07

As part of the long-running saga of the operation of the Rocky Flats Nuclear Weapons Plant in Colorado, the Court of Federal Claims in The Boeing Co. v. United States. (Jan. 17, 2007) has held the Department of Energy in breach because, after the initiation of an investigation of the contractor, the Secretary's office mandated lower award fees than DOE's Rocky Flats Manager had independently determined. Restoring the independent determinations, the court found that, when the contract specifies the individual who is to make the determination (here the Manager), his superiors may not override that determination without breaching the contract.

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Client Alert | 3 min read | 02.26.26

FERC Requires Refunds for Late QF Recertification

On February 19, 2026, the Federal Energy Regulatory Commission (FERC) issued Branch Street Solar Partners, LLC et al., 194 FERC ¶ 61,124 (2026) rejecting the refund reports filed in connection with the late filing of recertifications of qualifying facility (QF) status by certain affiliated companies to reflect a change in upstream ownership. FERC’s rearticulation of QF recertification timing requirements and consequences for late QF recertifications has broad and substantial implications for all QF owners. ...