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Apr 10, 2014 11:29 AMPublication: The East Hampton Press

UPDATE: State Supreme Court Denies PSEG's Application For Temporary Restraining Order Against East Hampton Town

Apr 16, 2014 5:04 PM

UPDATE: Monday, 4 p.m.

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.”

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could someone please explain to me why all of these very important permits, papers. etc. are not on file with town hall and pse&g for confirmation of the facts with dates and signatures ? the public needs to know .
By wmdwjr (76), east hampton on Apr 10, 14 4:36 PM
I gotta say, the poles aren' that bad. Right now, while there are two poles and before all the wires are transferred to the new ones it's a bit unsightly, but they will be fine when the project is complete. NOT worth 30 million bucks!
By Photoman (10), East hampton on Apr 10, 14 5:07 PM
1 member liked this comment
One need only look to 2008 to see how this will end. Southampton tried it, and although I am not an expert on the ordeal, the NYS Supreme Court squashed the Town's TRO.

Don't want the poles? Suck it up and pay for it, just like Southampton. Stop wasting taxpayer money trying to reinvent the wheel. Whining to the Governor is a nice touch, though.
By diy_guy (101), Southampton on Apr 11, 14 6:40 AM
Take a chainsaw to the tops of the poles, and drill some holes...
By Mr. Z (11847), North Sea on Apr 11, 14 4:46 PM
Hopefully the Town will fight this, as the exemptions claimed by PSEG would swallow the East End, indeed all of LI.

The handwriting is on the wall for PSEG's tone of public relations also, as in:

Deaf and Mute!

"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."
By PBR (4956), Southampton on Apr 11, 14 6:55 PM
dear wmdwjr, you're not paying attention. This project originated in East hampton Village in the Fall of 2012. There are dozens of documents between the village and PSEG I'm sure you can get from PSEG. The Village Administrator at the time was current Town Supervisor Larry Cantwell. When PSEG went to the town in the fall of 2013 they told officials that the village had already signed off on the project to lay new poles from the village to Amagansett. It was then the town agreed.
By nazznazz (276), east hampton on Apr 12, 14 10:41 PM
Larry Cantwell is now going to cost the village a fortune in legal bills. No municipality can request permits for utility work. Can you imagine if all the local big mouths had a say in electrical work nothing would get done.
By chief1 (2800), southampton on Apr 13, 14 10:37 AM
chief1 it is the TOWN of East Hampton of which Mr. Cantwell is now Supervisor.

marlinspike the absence of poles will be a real benefit not phony, for which a reasonable charge is appropriate IMO although PSEG should absorb the cost within its rate structure.
By PBR (4956), Southampton on Apr 13, 14 10:59 AM
The Water Mill visual benefit tax is written in stone in my opinion.

Your Grandfather gave sage advice . . .
By PBR (4956), Southampton on Apr 13, 14 1:04 PM
I'm glad we paid to bury the lines, like they do in civilized countries. Less hurricane/nor'easter/thunderstorm/derecho damage to worry about. And trees won't need to be trimmed to cut down because of power lines flapping around.
By btdt (449), water mill on Apr 13, 14 8:41 PM
3 members liked this comment
Back on-topic here --

The article has been updated -- TRO hearing at 2 PM in Riverhead.
By PBR (4956), Southampton on Apr 14, 14 10:12 AM
TRO denied.

Hopefully PSEG will wake up here, and realize that it is starting down the path of a public relations nightmare.
By PBR (4956), Southampton on Apr 14, 14 4:39 PM
2 members liked this comment
Would have been nice if the name of the judge denying the TRO was reported! Jeesh.
By Zorro (66), Southampton on Apr 15, 14 3:02 AM
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By 27dan (2854), Southampton on Apr 16, 14 4:40 PM