LETTOW, Senior Judge.
In this latest case involving litigation spanning two decades, plaintiff, Boston Edison Company (“Boston Edison”), seeks to remedy a breach of contract against the United States. Boston Edison entered into a contract with the United States Department of Energy (“DOE”) in which Boston Edison would pay DOE millions of dollars in exchange for DOE’s transport and disposal of spent nuclear fuel (“SNF”) generated at the Pilgrim Nuclear Power Station in Plymouth, Massachusetts. While Boston Edison performed under the contract, DOE has not collected or disposed of the SNF. Boston Edison has since sold the power plant, and the plant recently has ceased operation and is in decommissioning. The government moves to dismiss Boston Edison’s claim pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the Court of Federal Claims (“RCFC”). The government asserts that due to the sale, Boston Edison does not have standing to raise its claim and that Boston Edison’s theory of liability was previously
foreclosed by the United States Court of Appeals for the Federal Circuit. Because the court finds that Boston Edison has standing and has stated a claim upon which relief can be granted, defendant’s motion to dismiss is DENIED.