The drive by the Connecticut Attorney General to keep the new 24-mile, 330 MW underwater cable system linking Connecticut to Long Island from going into operation on Monday could jeopardize power reliability on Long Island during the hottest part of the summer.

Attorney General Richard Blumenthal and Department of Environmental Protection Commissioner Arthur J. Rocque Jr. on Thursday sought a temporary injunction based on environmental concerns. This is just the latest move in what has turned into a political battle to prevent the Cross Sound Cable Co. from operating the new transmission cable.

The power-short Long Island Power Authority (LIPA) has been counting on the new line to get it through the summer (see Power Market Today, July 2). “We thought we’d have it for August. We’re in the hottest period of the summer. We set a record on Monday, and we’ve been close to all-time highs on other days. We’re concerned going into next week. The next five to 10 days are the most critical,” said Bert Cunningham, LIPA’s vice president of communications. He said the line has been tested and was ready to go into service on Monday.

The Cross Sound cable has been a political football in Connecticut, with the Republican governor supporting it and the Democratic attorney general and a number of Democrats in the state legislature opposing it.”

“Because of the political wrangling, the public safety is at risk, Cunningham said. “It’s not just an economic impact. There’s a real potential impact on public safety. What if traffic lights all of a sudden going out; or sewage treatment plants, or water systems are disrupted? Then it’s a public health issue. We have some back-up. But we also have a number of customers who are critical care patients. They’re not on life support, but they have devices that assist in coping with their medical condition. Usually, if we know we’re going to have problems, we do call-outs to those people. But if there should be a sudden loss of power. We can’t get to those customers. It’s a real public safety and public health issue.”

Recently LIPA experienced a instantaneous demand for 4,950 MW. We had 5,491 MW on hand. That’s close. One 400 MW tie line going down could have done it for us.”

“It’s not an environmental issue,” Cunningham said. The Cross Sound Cable has complied with all the state environmental regulations and received all its state permits. The only issues have to do with the Army Corps of Engineers’ plans to dredge a channel later this year. In certain places the cable has not been placed deep enough. The cable company is working with the Army Corp, Cunningham said, but nothing can be done until October when the shell fishing season ends. Nothing can be disturbed now. But, in any event it is not a problem for the Army Corp. right now.

A spokesperson for Cross Sound Cable recently told Power Market Today that the company’s been working with the Army Corps of Engineers and the DEP, whose permit requirements are to achieve a minus 48-foot-depth throughout the whole route of the cable. “We’ve achieved 99% of that, but we struck a couple of obstacles in the navigation channel in the harbor that prevented us from getting down to that depth,” said Cross Sound Cable spokesperson Rita Bowlby. Cross Sound Cable continues to work towards the goal of being able to energize the line this summer.

In the injunction application filed Thursday in Hartford Superior Court, Blumenthal and Rocque allege that operation of the cable prior to meeting all permit requirements would constitute a violation of the Connecticut Environmental Protection Act. Operation would also constitute an unreasonable impairment of the public trust in a natural resource, a public nuisance, and a trespass on public trust lands owned by Connecticut, the filing states.

“By its own admission, Cross Sound has failed to meet the minimal permit terms and conditions set by federal and state agencies. The cable is laid improperly, higher than the necessary depths at seven separate, significant points and Cross Sound cannot correct those failings before the permissible construction season, Oct. 1, 2002, under the plain conditions of its permit,” said Blumenthal. “If Cross Sound operates the line in defiance of its permits, it will violate the state’s environmental laws.”

Cunningham said LIPA was assessing its legal options. He pointed out that it is not a one-way cable, and it could be used on occaision to ship power from Long Island to Connecticut. He pointed out that power generated on the western end of Long Island, which is not available to the eastern end, could be shipped to Connecticut, even during peak periods. LIPA also gets power in from upstate and western New York, which it can wheel across and share with Connecticut.

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