LINCOLN, Neb. (AP) — The man who agreed to sell lethal injection drugs to Nebraska is refusing to return a payment for one of the drugs, saying the state’s failure to import them wasn’t his fault.

Records released Friday show Nebraska corrections director Scott Frakes asked Harris Pharma to repay $26,700 for sodium thiopental that was never delivered. Frakes alleges in a January letter that the drug supplier violated its contract.

Harris Pharma CEO Chris Harris says in a Jan. 28 letter that his company tried shipping the drugs and is still willing to do so. But he says he was told the shipment was on hold until the state could renew its federal import license.

Gov. Pete Ricketts has halted efforts to import the drugs until voters decide whether to keep capital punishment.