Con Edison already has four replacement generators in storage.
He said the utility should be forced to install the replacement generators it has owned since the late 1980's.
In a settlement of the suit, the utility received four replacement generators in 1987 but never installed them.
In fact, the company and several other utilities sued the generators' manufacturer, Westinghouse, and won, forcing Westinghouse to provide replacement generators that were delivered in 1988.
Con Ed and several other utilities had long ago sued the generators' manufacturer, Westinghouse, and won, forcing Westinghouse to provide replacement generators.
Con Ed has replacement generators on site, which it obtained from Westinghouse, the original manufacturer, as part of a legal settlement in the 1990's.
Mitsubishi has acknowledged that the software error caused it to miscalculate the velocity of the steam flow in the replacement generators.
Officials at the utility, which began activating four new replacement generators nearly three weeks ago, say they have almost completed the final stages of restarting and expect the plant to begin generating a small amount of power this weekend.
It now faces the prospect of buying replacement power through the high-demand, high-cost weeks of late July through early September, while it repairs the steam generators to the satisfaction of the regulators or installs replacement generators already at the plant site, in Buchanan, N.Y., on the east bank of the Hudson River near Peekskill.
County officials said yesterday that they thought Con Edison should not be permitted to levy the charge because officials of the company have acknowledged to regulators that it had replacement generators on hand since 1987 but never installed them, apparently to save money.
