Court Rejects Suit To Restore Cable

NEW HAVEN (AP) –– A Superior Court judge has dismissed a lawsuit filed by Cross-Sound Cable Co., which has been seeking state permits that would allow it to turn on its power cable this summer.

The company had requested a court order forcing the state Department of Environmental Protection to act on a proposed modification of the company’s permit for the 24-mile cable.

Cross-Sound has not been allowed to operate the line because the cable is not buried deep enough –– 48 feet below the surface of Long Island Sound and six feet below the seabed –– in seven spots. Company officials have said obstacles such as a rocky ledge and a tree stump are in the way.

A modified permit would have allowed the line to be turned on while the company worked to bury the cable deeper in those spots.

The DEP has refused to consider the request, citing a one-year legislative moratorium enacted last summer on projects in Long Island Sound. The moratorium expires in June.

In a ruling dated April 9 but released Monday, Superior Court Judge Lynda Munro refused the company’s request.

State Attorney General Richard Blumenthal had defended DEP’s actions, arguing that Commissioner Arthur Rocque, Jr, was reasonable to conclude that he could not override the moratorium.

“The court rightly rejected Cross-Sound’s effort to evade its clear legal obligations under the permits and its attempt to end-run state oversight and the legislative moratorium,” Blumenthal said Monday.

Rita Bowlby, a company spokeswoman, said Cross-Sound was disappointed by the ruling because it would like to see the cable used to alleviate an expected power crunch this summer.

“The cable is safely buried; it does not pose any adverse environmental impacts, and it does provide a benefit to Connecticut and the region,” she said.

If powered, the cable running between New Haven and the former Shoreham nuclear power plant on Long Island, N.Y., would transmit 330 megawatts of power.

Environmental restrictions prohibit any work on the cable between June and October –– spawning season for shellfish.

Ms Bowlby said the company is reviewing its legal options.