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N.Y. STATE ENERGY RESEARCH v. NUCLEAR FUEL SERV.

No. CIV-82-426E.

640 F.Supp. 1558 (1986)

NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, Plaintiff, v. NUCLEAR FUEL SERVICES, INC., Getty Oil Company, Commonwealth Edison Company, General Public Utilities Corporation, General Public Utilities Service Corporation, Jersey Central Power & Light Company and Wisconsin Electric Power Company, Defendants.

United States District Court, W.D. New York.

August 15, 1986.

Attorney(s) appearing for the Case

Philip Gitlen, Whiteman, Osterman & Hanna, Albany, N.Y., Thomas W. Evans, Mudge, Rose, Guthrie, Alexander & Ferdon, New York City, Robert Cantor, Mudge, Rose, Guthrie, Alexander & Ferdon, Washington, D.C., Howard Jack, Act. Gen. Counsel, Deborah A. Mann, Asst., Albany, N.Y., E. Dennis Muchnicki, Karen A. Kolmacic, Asst. Attys. Gen., Columbus, Ohio, for plaintiff.

Alan C. Brown and C. Kipps, Miller & Chevalier, Washington, D.C., Richard E. Moot, Moot & Sprague, F. James Kane, Damon & Morey, William Shapiro, Jaeckle, Fleishmann & Mugel, Buffalo, N.Y., Jack McKay, Shaw, Pittman, Potts & Trowbridge, Washington, D.C., Martin Siegel, Bishop, Liberman & Cook, New York City, Allen Beroza, Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N.Y., for defendants.

MEMORANDUM and ORDER

ELFVIN, District Judge.

This decision marks a near-conclusion, at least at the trial level, to long-standing and often arduous efforts by the New York State Energy Research and Development Authority ("NYSERDA") to establish and enforce its rights pertaining to the storage of nuclear fuel wastes by five public utility companies—General Public Utilities Service Corporation and Jersey Central Power and Light Company (sometimes hereafter...

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