The Department of Energy filed an assessment with the U.S. Court of Appeals for the District of Columbia Circuit January 18 announcing that it is collecting sufficient fees from nuclear power utilities for the management of nuclear waste and does not need to adjust the rates. The Nuclear Waste Policy Act of 1982 mandates that utilities pay 0.1 cent/KWh into the Nuclear Waste Fund; little of the $28 billion that has been collected has been used because Yucca Mountain has not opened