UNIVERSITY COLLEGE Cork is suing the Electricity Supply Board for €18 million at the Commercial Court over flood damage suffered in November 2009.
UCC claims the university sustained significant damage to its property on November 19th, 2009, following a period of significant rainfall when the ESB allegedly released a substantial volume of water from two dams operated by it on the river Lee. UCC claims the ESB was negligent and caused severe flooding by releasing too much water in too short a time.
As result of the ESB’s actions, 30 acres of UCC’s 80-acre campus were submerged under water; 29 of the university’s buildings were damaged, including the Glucksman Gallery, the Western Gateway Building, the Maltings Complex, several student accommodation blocks and the entire Mardyke sports complex, it is alleged.
The ESB denies the claims.
Mr Justice Peter Kelly yesterday made an order transferring UCC’s case to the Commercial Court, the big business division of the High Court. Paul Gallagher SC, for UCC, said the ESB was consenting to transfer.
Mr Justice Kelly said that given the value of the claim, the dispute was clearly appropriate for the Commercial Court. He made directions for management of the case and adjourned it to July.
UCC, which has brought the action by way of a subrogated claim on behalf of its insurer Aviva, claims the ESB, now known as Electric Ireland, was negligent and in breach of its duty of care to manage the dams and reservoirs properly in a way to minimise the risk of flooding.
Aviva’s losses as a result of the flooding alone are in excess of €34 million. It intends to pursue the balance of its losses following the determination of UCC’s proceedings, the court heard.
The dams, at Inniscarra and Carrigadrohid, are owned and operated by the ESB for the hydroelectric generation of electricity. They are 13km and 27km upstream from Cork city. Reservoirs were created on the river at the site of the two dams.
UCC claims it rained almost every day of November 2009 and weather warnings of heavy rainfall were issued by Met Éireann for the river Lee catchment area on November 12th, 15th and 18th.
Despite these warnings and other information available, the ESB failed to respond in a timely manner, it is claimed.
UCC says that water levels at the reservoirs were kept at levels too high for the rainfall expected and there was inadequate storage capacity for flood mitigation.
On November 19th, after the rainfall, the ESB rapidly increased the amount of water released from both dams at an unprecedented rate of discharge, UCC claims.
It is also alleged that the ESB failed to warn property owners it was releasing a significant volume of water over a short period of time and failed to declare the situation an emergency.