Dig We Must--Maybe

The following is a summary of action still to be resolved before Consolidated Edison is free to build its Storm King power project near Cornwall, N.Y.:

By Scenic Hudson

With the Federal Power Commission: Scenic Hudson has appealed a Federal Power Commission decision not to reopen licensing hearings for the Con Ed project. In its petitions, the environmentalists charged that additional evidence--such as that of potentially large fish kills in the Hudson River--makes a reconsideration of the license necessary. The FPC turned down the original petition and appeal for rehearing. The case is now pending before the U.S. Court of Appeals for the Second Circuit.

With the Army Corps of Engineers: Scenic Hudson has written to the Corps of Engineers, stating its belief that the Corps must issue permits before construction on the Storm King project legally may begin. Permits previously issued by the Corps have expired, and Con Ed claims the permits are not necessary at all. Scenic Hudson soon will file suit with U.S. District Court in New York, asking for a resolution of the issue and for an injunction against construction until a declaratory judgment is handed down by the courts.

With the New York Public Service Commission: Scenic Hudson has written to the Public Service Commission charging that Con Ed's publication of certain advertisements constitutes an "improper use of the ratepayers' money." The advertising in question, which appeared shortly after Con Ed's announcement that it intends to break ground by November for Storm King, praises its decision and subtly condemns environmentalists. The letter asks that Con Ed be required to finance counter-advertising to be placed by environmentalists, a request that the utility calls "preposterous." No action has yet been taken by the Public Service Commission.

By the City of New York

Against Cornwall: The City of New York has informed the City of Cornwall that if it gives its reservoir to Consolidated Edison for the Storm King project, it may not tap into New York City water supplies. New York City opposes the power project on the grounds that it could damage the Catskill Aqueduct, which supplies about 40 per cent of the city's water.

The action effectively leaves Cornwall without a water supply after the project is built. Cornwall has therefore brought suit against New York City, demanding that it be given permission to tap the city's water supplies. Hearings have begun, but no action has been taken.