14, 1983 Standard Contract, continued to be a substantial factor in causing SMUD to incur costs to decommission Rancho Seco and implement the dry storage project from May 15, 1997 to December 31, 2003. Accordingly, the court has determined SMUD is entitled to damages in the amount of $53,159, 863 for mitigation costs. On the other hand, the court previously has determined that the $4,196,360 in savings SMUD realized in 2003 from decommissioning the wet pool should be offset against the costs SMUD incurred that year. SMUD II, 70 Fed.Cl. at 375 (citing 3/21/05 TR at 170-71, 972-76); see also Bluebonnet Savings Bank v. United States, 339 F.3d 1341, 1344 (Fed.Cir.2003) (“To derive the proper amount for the damages award, the costs resulting from the breac 66 F.3d 1379, 1383 (Fed.Cir.1999) (<HOLDING>). Moreover, the Government has requested that
holding that the fourth amendment does not mandate payment and therefore such claims are not within the jurisdiction of the court holding issues within scope of administrative hearing are within the reviewing courts purview holding that issues not argued on appeal are deemed abandoned holding that issues not briefed are deemed abandoned holding all issues within the scope of the appealed judgment are deemed incorporated within the mandate and thus are precluded from further adjudication