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DEEP, Attorney General file lawsuit against United Illuminating on complaint of failing to clean up contaminated, defunct New Haven power plant

A UI spokesperson said that the company is reviewing "multiple inaccuracies" made during a press conference regarding the lawsuit.

HARTFORD, Conn. — Electric utility company United Illuminating (UI) was sued Monday on a complaint of failing to address environmental contamination concerns at a defunct New Haven power plant, Attorney General William Tong said.

The lawsuit, filed on behalf of the Department of Energy and Environmental Protection (DEEP), requires UI to fulfill legal obligations to clean up the now-closed English Station by "whatever action is necessary," Tong said. 

When asked for a response to the lawsuit Monday, UI spokesperson Sarah Wall Fliotsos said, "We are reviewing the multiple inaccuracies made during today's press conference regarding English Station and will respond in due course."

The English Station operated as a coal and oil-fired power plant for UI from 1929 until it was deactivated in 1992. Tong said the site that was left behind is "extensively contaminated" with toxic chemicals including polychlorinated biphenyls (PCBs), a known carcinogen, heavy metals, and other contaminants.

According to Tong, the complaint also seeks penalties of up to $25,000 per day for each violation of a Partial Consent Order from 2016, which required remediation to address the contamination concerns within a three-year time frame. The lawsuit alleges that they did not meet the timeframe to complete the onsite cleanup.

“United Illuminating is obligated to remediate English Station regardless of what it takes and regardless of the cost. That is the law, and that is not up for debate. We have tried for years to get United Illuminating to fulfill its obligations, and they have refused. We were left with no choice but to file today’s legal action, on behalf of our state and the people of New Haven who deserve to see this site cleaned and ready for productive, future use,” said Tong.

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New Haven Mayor Justin Elicker said, “It’s been over 30 years since the English Station power plant was deactivated and nearly a decade since United Illuminating was ordered to remediate the site, yet no meaningful progress has been made and the site remains both a health risk and an eye sore for New Haven residents."

Elicker said that the defunct site can be used as a "positive asset" for the community, but only if United Illuminating stops "the delays and inaction" and fulfills "its legal obligations." 

"The possibilities for this site are endless, but it requires UI to stop the delays and inaction, and to fulfill its legal obligations. I want to thank Attorney General Tong and Commissioner Dykes for taking today’s enforcement action and for their shared commitment to holding UI accountable, protecting New Haveners and ensuring this site can be reactivated for a productive future use."

DEEP Commissioner Katie Dykes said that DEEP is taking action to "hold Avangrid accountable" to commitments made to shareholders in 2015 that would address the contamination of the English Station.

"These actions are meant to ensure Avangrid finally honors its commitment to address contamination at the English Station, which will benefit our environment and those who live in the area," Dykes said.

The Public Utilities Regulatory Authority (PURA) imposed a $2 million annual penalty on UI in 2023 for failing to remediate the power plant, Tong said. UI appealed PURA's decision and has taken the issue to Superior Court.

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