New York State Energy Research & Development Authority v. Nuclear Fuel Services, Inc.

MEMORANDUM and ORDER

ELFVIN, District Judge.

The underlying facts in this action are set forth in N.Y. St. Energy R. & D. Auth. v. Nuclear Fuel Serv. (“NYSERDA v. NFS"), 561 F.Supp. 954 (W.D.N.Y.1983). Presently pending is a motion by defendant Nuclear Fuel Services, Inc. (“NFS”) for a summary judgment declaring that it, rather than plaintiff New York State Energy Research And Development Authority (“NYSERDA”), is entitled to more than $500,000 in fees owed by certain utility companies 1 for the storage of spent nuclear fuel at the nuclear fuel and reprocessing center at West Valley, N.Y. (“the…