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CON EDISON SUED FOR REPUDIATING CONTRACT WITH COGENERATION COMPANY

 WASHINGTON, July 7 /PRNewswire/ -- Indeck Energy Services, owner and operator of a number of independent co-generation facilities in New York State, has filed a lawsuit alleging breach of contract by Consolidated Edison Company (NYSE: ED) of New York, the investor-owned utility which serves a large part of the New York City metropolitan area.
 The Indeck lawsuit seeks damages and/or a declaratory judgment in connection with a contract under which Con Edison agreed to buy electricity from Indeck's approximately $150 million natural gas fired cogeneration plant in Yonkers, N.Y., which is scheduled to begin construction late this year. Indeck's complaint, filed in United States District Court in New York City, alleges that Con Edison has repudiated its obligations under the Indeck/Con Edison contract, and that Con Edison has "breached its obligations of good faith and fair dealing by attempting to convince the (New York State) Public Service Commission ... to restrict Indeck to a site other than the planned construction site."
 According to the complaint filed Friday, the case stems from a contract executed in September 1989 under which Con Edison agreed to purchase electricity from Indeck's Yonkers facility. Con Edison has indicated that it will not perform under the contract because Indeck's preferred site for the facility is approximately 4600 feet away froma site previously discussed with Con Edison. The lawsuit charges that Con Edison's conduct amounts to an "anticipatory repudiation" of the contract.
 -0- 7/7/93
 /CONTACT: Gerald F. DeNotto, general counsel for Indeck Energy Services, 708-520-3212/
 (ED)


CO: Indeck Energy Services; Consolidated Edison Company ST: New York IN: OIL UTI SU:

IH-DC -- DC026 -- 9184 07/07/93 16:25 EDT
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Publication:PR Newswire
Date:Jul 7, 1993
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