PSEG, East Hampton Town, Back In Court

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PSEG Long Island and East Hampton Town were back in court on May 7 for a hearing on a preliminary injunction, which the utility company is seeking against the town. Paperwork for the injunction was filed in early April.

According to East Hampton Town Attorney Elizabeth Vail, PSEG submitted a new affidavit to the State Supreme Court in Riverhead, and the town has one week to respond. According to John Denby, the attorney representing East Hampton Town, the new affidavit from PSEG outlines the urgency of the project.

The preliminary injunction is the underlying issue in a series of back-and-forth legal proceedings between PSEG and East Hampton. The town first issued a stop-work order at the utility company’s Amagansett substation in early April, claiming the company needed site plan approval and a building permit to proceed with any work at the site.

The substation is the ending-point of a 23/33 kV transmission line slated to run from East Hampton to Amagansett. The project is part of PSEG’s larger efforts to install a “reliable” and “redundant” electric system for residents from the Village to Montauk, claiming the heightened demand for electricity, come summer, could result in blackouts and brown-outs if the project is not completed by May.

Once all parties’ paperwork is fully submitted, said Ms. Vail, the court can make a decision on whether or not to issue the preliminary injunction. Mr. Denby said there will be no further arguments in court, adding that once the court receives all the necessary paperwork, it will issue a decision “expeditiously.”

PSEG also attempted to file a temporary restraining order against the town, which was denied by the State Supreme Court in Riverhead, and denied on appeal at the Supreme Court Appellate Division in Brooklyn in late April.

“We stand behind our previous statements that we expect to prevail in court,” said PSEG Long Island’s Director of Communications Jeffrey Weir.

Mr. Denby and Ms. Vail could not comment further on the pending litigation.

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