At least that's what light-rail planners say in court documents. So far, the 11.6-mile Hiawatha project, which will run from Downtown to the Mall of America and is scheduled for completion by December 2004, is still on track.
At issue in the most recent court case is responsibility for the cost of moving the complex mix of underground clay ducts, high-voltage transmission lines and other Xcel Energy equipment that lie under Fifth Street in Downtown. The developers say Xcel Energy's refusal to move its utilities is already seriously jeopardizing the Feb. 1, 2002, deadline for all utilities to be out of the Fifth Street corridor, according to court papers. A supporting Metropolitan Council memorandum says it would take at least eight months for Xcel to complete the relocation of its equipment -- and the work must start by the end of this month or the entire light-rail project will be at risk, according to thecouncil.
In February, Xcel Energy filed a complaint in US district court aimed at avoiding $18 million in utility relocation costs related to the Hiawatha Light Rail Transit Project that it says it would have to pass onto its electricity customers in Minneapolis.
Xcel also said its customers should not have to endure interruptions in their service caused by LRT contractors.
"Even though our customers' electricity bills are some of the lowest in the nation, we don't think it's fair to have a LRT tax added to our electricity bills," says Xcel Energy General Counsel Gary R. Johnson.
Xcel says that light rail planners selected a Fifth Street route downtown without considering that underground electric distribution lines serving 80% of Downtown would have to be moved at great expense. The project budget paid to move all water and sewer lines on Fifth Street, but officials reneged on earlier oral assurances to help defray electric utility relocations, according to Xcel officials.
The federal agency could stop payment if the Minneapolis project takes too long or costs too much, and has done so with three light-rail projects because of such problems, according to light-rail planners' filings in the Xcel case.
Light-rail officials plan to juggle construction efforts and speed the way to getting the Downtown utility work completed.
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