At the council's monthly meeting last week, acting general manager Phil McMurray reported he had asked JMA Legal for advice, but had to go elsewhere because they represent "that business".

While council is trying to establish legally who is responsible for the cost of the substation now sitting idle, a generator is powering the SouthWest Fuel service station complex at Yass Road (Olympic Highway).

The generator, near the entrance, generates noise as well as power, but nearby residents and businesses say they've gotten used it and it doesn't bother them.

The payment problem emerged at the January council meeting, when it was alleged that the former general manager had signed a letter committing council to paying costs of electrical upgrades.

It also emerged that the council's original plan for a $60,000 overhead connection to the new service station complex had been rejected in favour of a $270,000 substation with an underground connection.

Essential Energy, said by some to have insisted that the power connection be laid underground, has told the Herald it had no problems with the overhead option.

"Essential Energy received a design information application in June for a 500kva pole-mounted substation, and issued an information pack in August," it said in a statement (issuing of an information pack indicating approval).

On 18 October the project's designers asked for this to be changed to a padmount substation, which Essential Energy also approved a day later. The designers had apparently been concerned that the 15-metre width between poles was too wide to go overhead, but Essential Energy has stated 15 metres is within its guidelines.

The Herald has asked council for clarification.