Judge Anne McDonnell, P.J.Ch., granted Carneys Point Township’s Motion for Summary Judgment in full, compelling Chambers Cogeneration, L.P. to make all payments under the Host Community Benefit Agreement that has been in place since 1991. The Chambers facility sells electricity to Atlantic City Electric, as well as electricity and steam to the neighboring DuPont facility for use in their industrial operations. The Agreement between Chambers Cogeneration and Carneys Point requires Chambers to make annual, multi-million-dollar payments to the Township in order to offset the impacts of the presence and operation of the coal-fired electric generating facility on the community. “The 2016 payment will be for approximately $2.6 million and is essential to maintaining the police department, emergency service units, administration, public works, and other public services,” said Deputy Mayor Wayne Pelura.
Carneys Point was forced to file the lawsuit last year when Chambers Cogeneration would not commit to making the 2015 payment unless the Township agreed to renegotiate the deal. In December 2015, Judge McDonnell issued a preliminary injunction, compelling Chambers Cogeneration to make the 2015 payment during the pendency of the litigation. The Township’s lawsuit sought only to enforce the Agreement as written. “By securing this Order, Carneys Point will now receive the vital Host Community Benefit payments that it is entitled to under the Agreement,” said Deputy Mayor Pelura.
Carneys Point is represented by Township Solicitor David Avedissian, Esq. and by Special Counsel Maraziti Falcon, LLP. Click here to read more.