Sixteen nuclear power companies and the Nuclear Energy Institute have filed a petition for review challenging the Department of Energy’s (DOE’s) decision not to suspend payments to the Nuclear Waste Fund (NWF). Nuclear Energy Inst. v. U.S., No. 10-1076 (D.C. Cir. filed 04/05/10). Petitioners allege that DOE’s failure to suspend payments to the NWF in light of the government’s decision to terminate the nuclear waste repository at Yucca Mountain, Nevada, was “arbitrary and capricious.” Nuclear power customers pay about $770 million in fees annually to the NWF to finance the transportation and construction of a repository for nuclear waste. The NWF is currently worth about $25 billion.