By Erica Thompson
UPDATE: Monday, Apr 16, 2014 5:04 PM

 

PSEG’s request for a temporary restraining order against East Hampton Town was denied in State Supreme Court in Riverhead on Monday, according to East Hampton Town Attorney Elizabeth Vail. The request was made in response to the town’s stop-work order on the Amagansett substation, which was issued on April 4.

The utility company also filed for a preliminary injunction against the town’s stop-work order, which has not yet been determined, said Ms. Vail.

“In the meantime, the stop-work order is still valid and in effect,” she said, explaining that the town has until the end of April to file paperwork fighting the preliminary injunction.

UPDATE: Monday, 9:30 a.m.

A hearing for PSEG’s effort to have a temporary restraining order and permanent injunction filed against East Hampton Town has been scheduled for Monday, April 14, at 2 p.m. at the State Supreme Court in Riverhead.

ORIGINAL STORY:

PSEG Long Island will fight East Hampton Town’s stop-work order with legal action, according to the utility company’s Director of Communications Jeffrey Weir in a phone interview on Thursday morning.

PSEG plans to serve the town with a temporary restraining order and a permanent injunction, according to Mr. Weir. The temporary restraining order, if granted, would prohibit the town from enforcing the stop-work order while a full hearing for the permanent injunction is pending. The full hearings can take from six to eight weeks, said Mr. Weir.

The town issued the utility company a stop-work order on its Amagansett substation because it did not have site plan approval or a building permit, which are required to perform any work, said Mr. Cantwell. The substation will house part of the 23/33 kV transmission line that will run over a 6.2-mile stretch throughout East Hampton into Amagansett.

PSEG claims it is exempt from obtaining both site-plan approval and a building permit because LIPA, which owns the property where the substation is located, is given special code exemptions from New York State Office of General Services.

“We gave our notification today,” Mr. Weir said of the legal papers, explaining that notification is required before issuing can take place. “Ideally, there will be a hearing on Friday, and if and when that temporary restraining order is granted, we will be able to restart work.”

East Hampton Town Supervisor Larry Cantwell said the town has not yet received any legal papers from PSEG but is “prepared to defend its position.”

East Hampton Town issued the halt last Friday.

“This is absolutely a reliability issue,” said Mr. Weir. “It’s jeopardizing reliable energy for East Hampton and it’s a waste of tax-payer dollars at this point, given it’s a much-needed infrastructure that we went through the process of discussing with everyone.”