Leaders blast Con Ed's $25M steampipe claim

The Cochran Firm, with 21 locations nationwide

By Nathan Duke

Western Queens elected officials blasted Con Ed last week after the utility filed a $25 million notice of claim in the July 18 steampipe explosion in midtown Manhattan which could allow them to sue the city.

But a Con Ed spokesman said the claim was merely a procedural matter.

The blast, which occurred on East 41st Street between Lexington and Third Avenues, caused one woman to have a fatal heart attack, injured 26 others, disrupted subway service for several hours and spread asbestos contamination in the area near the explosion. Engineers are still investigating what caused the 20-inch pipe to explode.

State Assemblyman Michael Gianaris (D-Astoria) said he was angered, but not surprised, by the filing of the claim.

"After putting the city through hell for the last few years, to turn around and blame the city for this is astounding," he said. "It shows once again they have no consideration, morals or sense of responsibility whatsoever, especially at a time when the city is the only one supporting them."

In its claim, Con Ed alleged that the explosion "may have been caused, in whole or in part, by acts or omissions of the city, in particular with respect to facilities owned by the city located at or about the intersection of 41st Street and Lexington Avenue."

The utility maintains that "sewers, catch basins, water pipes and drainage pipes" near the site of the blast may have been responsible for "water contacting components of Con Edison's underground steam-distribution system."

A spokeswoman for the city Law Department said the filing of the claim was expected.

"We have received the legal papers and are currently reviewing them," she said.

But a Con Ed spokesman said the filing of the claim was merely a standard procedure.

"It's a notice of claim, we haven't filed the lawsuit," spokesman Bob McGee said. "It reserves the right to file subsequently. If you don't file within a 90-day window, you end up losing the right to file."

The claim would keep the option open for the utility to sue the city, he said.

Manhattan dentist Bruce Haber is suing Con Ed for $5 million in compensatory damages and $20 million in punitive damages after his office was forced to close for nearly two weeks after the explosion, said Alan Schnurman, his attorney. The family of Gregory McCullough, 21, who was severely injured when his tow truck fell in a crater following the explosion, has also hired lawyers from the Cochran Firm to hold accountable all entities responsible for the blast.

The City Council recently voted to become an active party in the utility's rate-hike request case. Con Ed has requested a $1.2-billion hike last spring, but in September the state Public Service Commission suggested cutting the increase nearly in half.

"We need to be informed and vigilant as possible in keeping tabs on this multibillion-dollar corporation," Councilman Eric Gioia (D-Sunnyside) said. "They're a monopoly run amok."

The rate hike, which would be the largest in the utility's history, could raise customers' bills by as much as 36 percent for the delivery of electricity and other services, which are not controlled by Con Ed.

Reach reporter Nathan Duke by e-mail at news@timesledger.com or by phone at 718-229-0300, Ext. 156.

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