1. Does Temporary Emergency Court of Appeals (“TECA”) precedent apply to questions of jurisdiction? 2. Was the transfer of this appeal in accord with TECA precedent? 3. What is the bankruptcy classification of the claims of Texas American’s creditors?
1. Yes. “[W]e emphasize that TECA precedent continues to apply to questions of jurisdiction, in the cases that reach the Federal Circuit as successor to the TECA.” 2. Yes. “[W]e conclude that the transfer of this appeal to the TECA was in accord with TECA precedent.” 3. “The DOE’s section 209 claim in these bankruptcy proceedings is properly separated into claims for pecuniary and non-pecuniary losses. The portion claimed on behalf of identified persons who suffered an actual pecuniary loss, due to the overcharges remedied under section 209, is properly classified in Class 7 of the Plan of Liquidation. The claim for the portion to be paid to the federal and state governments is properly classified in Class 9 of the Plan of Liquidation, for this claim does not represent an actual pecuniary loss to the claimants.”
