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August 22, 2006
Judge denies Tiverton motion to block gas co. merger
PROVIDENCE -- A Superior Court judge has denied an attempt by the town of Tiverton to block National Grid's plan to buy the Rhode Island assets of New England Gas Co.
Judge Alice Gibney this morning called Tiverton's effort "a cheap shot," denying its motion to "stay," or set aside, the state's approval of the electric company merger.
Gibney said that Tiverton had ample time to take legal action while the merger was being reviewed by the Rhode Island Division of Public Utilities and Carriers, which ultimately approved the plan.
“Tiverton chose to sit on its hands during the lengthy proceeding,” she said. And the town did so "at its peril."
The town's appeal claimed that the DPUC erred in its decision because it didn't require Southern Union, the parent of New England Gas, to put funds into an escrow account in case Southern Union is found liable for cleaning up a major hazardous waste site in Tiverton.
-- projo.com staff writer Steve Peoples, with reports from Journal staff writer Gina Macris
During the hearing process at the DPUC, Tiverton, as well as the attorney general's office, recommended that the sale be conditioned upon Southern Union establishing an escrow account of between $30 million and $55 million, the anticipated cost of the cleanup.
The DPUC issued its approval without any such condition. The hearing officer, John Spirito, said that Southern Union had demonstrated that it had the means to pay for a cleanup, if the company is found liable.
-- projo.com staff writer Steve Peoples, with reports from Journal staff writer Gina Macris
Posted by Steve Peoples
at 12:54 PM | Permalink
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