South Carolina Public Service Authority
The South Carolina Public Service Authority appealed a contracting officer's decision denying indemnification for costs incurred due to third-party claims related to a government project. The Board sustained the appeal, awarding the appellant $234,865,797.11 with interest.
Material Facts
- Santee Cooper's indemnification claim arises from civil actions against it for flooding caused by the Cooper River Re-diversion Project.
- The government constructed and owned the Cooper River Re-diversion Project.
- Contract 0005 required Santee Cooper to operate the St. Stephen hydroplant under specific conditions.
- The flooding at issue began in 1993, leading to litigation initiated by landowners.
- Santee Cooper's indemnification claim was submitted on 20 August 2001, initially for $576,437.98.
- The District Court awarded damages to landowners in the amount of $3,810,650 plus interest and later awarded additional amounts.
- Santee Cooper calculated total damages and interest paid to landowners at $231,922,189.47.
Parties
- Appellant
- South Carolina Public Service Authority
- Respondent Agency
- U.S. Army Engineer District, Charleston
- Contract Number
- Contract No. DACW60-77-C-0005
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