Yankee Atomic Electric Company v. United States
13-584
| Fed. Cl. | Oct 3, 2016Background
- Three plaintiff utilities (Yankee Atomic, Maine Yankee, Connecticut Yankee) prevailed; judgments entered March 2016 for specified amounts in three consolidated cases.
- Plaintiffs filed a joint Bill of Costs seeking $7,014.30 in taxable costs; parties filed a joint stipulation agreeing to award $7,014.30 (with a minor clerical discrepancy in one stipulation).
- Costs claimed included filing fees, trial reporter fees, statutory witness fees, and costs for deposition transcripts and related exhibit/duplication charges.
- Taxation of costs governed by RCFC 54(d) and statutes 28 U.S.C. §§ 1821 and 1920; prevailing party bears burden to show costs are taxable and reasonable.
- The clerk reviewed invoices and supporting documentation and allowed most items but disallowed an unexplained $210 duplicate deposition transcript copy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Taxable clerk filing fees | Filing fees ($400 each) are recoverable under §1920(1) | Parties stipulated to costs (no objection) | Allowed $1,200.00 total |
| Reporter fees for trial transcripts | Transcripts were necessary for post-trial briefing; supported by invoices | Parties stipulated (no objection) | Allowed $1,382.60 |
| Statutory witness attendance fees | Attendance fees for four witnesses (including two days for one) under §1821(b) | Parties stipulated (no objection) | Allowed $200.00 total |
| Deposition transcript and incidental costs | Deposition transcripts and exhibit copying/oversized copies were necessary for trial prep; invoices submitted; included duplicate copy of one transcript | Parties stipulated overall but duplicate copy unexplained | Allowed $4,021.70 (reduced by $210 for unexplained duplicate) |
Key Cases Cited
- Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437 (fee statutes govern taxable costs)
- Chore-Time Equip., Inc. v. Cumberland Corp., 713 F.2d 774 (transcript costs taxable if necessary and reasonable)
- Manildra Milling v. Ogilvie Mills, Inc., 76 F.3d 1178 (deposition transcript costs taxable when necessarily obtained)
- Louisiana Power & Light Co. v. Kellstrom, 50 F.3d 319 (courts should scrutinize cost items proposed by prevailing parties)
- Soler v. Waite, 989 F.2d 251 (party seeking costs must establish they are taxable and reasonable)
Final tax: Fees of the Clerk $1,200.00; Court Reporter Fees $1,382.60; Deposition Transcript Costs $4,021.70; Witness Fees $200.00; Total $6,804.30; $2,268.10 payable to each plaintiff.