ERLANGER — A lawyer representing residents opposed to construction of a mini-power plant is threatening to sue Cinergy for breach of agreement, after representatives of the utility allegedly said that the plant would not be built if opposition arose.

        “Several employees of Cinergy have repeatedly agreed that Cinergy would not build the plant if there was community opposition,” said Covington lawyer Phil Taliaferro, who is representing Erlanger residents opposed to the plant. “There is tremendous community opposition, including resolutions from six cities.”

        Council members from Crestview Hills and Erlanger, as well as State Rep. Jon Draud, a Crestview Hills resident, were among those who heard Cinergy employees make the statements, Mr. Taliaferro said.

        Cinergy spokesman Dave Woodburn declined to comment because of potential litigation.

        He did say, however, that Cinergy has been discussing the proposed plant with a citizens committee since last fall. That group includes representation from Erlanger and Crestview Hills, he said.

        Last week, Cinergy Capital & Trading Inc., an affiliate of Cinergy Corp., received an air quality permit from the Kentucky Division for Air Quality, clearing the way for construction to begin on the peaking station.

        The $40 million to $50 million station would consist of two natural-gas-fired turbine engines in front of Cinergy's gas plant and electrical substation at 3000 Erlanger-Crescent Springs Road. Any energy generated by it would be sold on the wholesale market and also would boost the supply of electrical power in Northern Kentucky during periods of high us age.

        Citizens for a Healthy Environment Everywhere Residential (CHEER) will meet at 6 p.m. Tuesdayto educate the public on the impact of the proposed plant and to hold a rally to stop it. The meeting will be at Erlanger Fire Station No. 1, 515 Graves Road, behind the city building.

        In recent months, six Kenton County cities — Erlanger, Fort Mitchell, Lakeside Park, Crestview Hills, Elsmere and Edgewood — have adopted resolutions opposing the proposed mini-power plant. Opponents say they are concerned about noise, pollution and the plant's effect on residential property values.

        While the president of Cinergy Capital & Trading had been invited to attend Tuesday's meeting, Mr. Woodburn said he didn't think anyone from Cinergy was planning on attending.

        Mr. Taliaferro said any lawsuit regarding a possible breach of agreement on Cinergy's part would be filed only after all appeals regarding the issuance of the air quality permit were exhausted.

        “In the meantime, the citizens of Northern Kentucky will appeal this case to the Supreme Court of Mars, if necessary,” he said.

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