PUBLIC SERVICE CO. OF COLORADO v. ANDRUS

Civ. Nos. 91-0035-S-HLR, 91-0054-S-HLR.

825 F.Supp. 1483 (1993)

PUBLIC SERVICE COMPANY OF COLORADO, Plaintiff, v. Cecil D. ANDRUS, individually and as Governor of the State of Idaho, Defendant. UNITED STATES of America, Plaintiff, v. Cecil D. ANDRUS, in his official capacity as Governor of the State of Idaho; State of Idaho, Defendants.

United States District Court, D. Idaho.

June 28, 1993.


Attorney(s) appearing for the Case

P. Craig Storti, Albert P. Barker, Hawley, Troxell, Ennis & Hawley, Boise, ID, David W. Kerber, Salie B. O'Malley, Kelly, Stansfield & O'Donnell, Denver, CO, for plaintiff Public Service Co. of CO.

Pauline H. Milius, David F. Shuey, U.S. Dept. of Justice, Environmental and Natural Resources Div., Gen. Litigation Section, Washington, DC, for plaintiff, counterdefendant U.S.

David R. Lombardi, Jeffrey C. Fereday, Givens Pursley Webb & Huntley, Larry Echohawk, Atty. Gen., State of ID, Clive J. Strong, Allan D. Brock, Deputies Atty. Gen., Office of Atty. Gen., Natural Resources Div., Boise, ID, for defendant Governor Cecil D. Andrus and State of ID.


MEMORANDUM OPINION

RYAN, Senior District Judge.

I. FACTS AND PROCEDURE

The above-entitled action began as a dispute between the plaintiffs, Public Service Company of Colorado and the United States of America, and the defendants, Governor Cecil D. Andrus and the State of Idaho (hereinafter collectively "Idaho"), over shipments of spent nuclear fuel from the Fort St. Vrain Nuclear Generating Station in Colorado to the Idaho National Engineering Laboratory...

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