Capitol NY – June 08, 2015
by Scott Waldman and David Giambusso
ALBANY—The National Transportation Safety Board on Tuesday will release its long-awaited investigation into the 2014 East Harlem gas explosion that killed eight people and injured 50.
According to documents already released, the final report will likely look at a series of issues related to the blast that fall under the purview of Con Edison, the city and the state.
The report does not squarely place blame on any one entity, but examines a series of issues that could have led to the explosion, according to people familiar with the investigation who spoke to Capital on condition of anonymity. It pays particular attention to plastic piping as well as a water main that collapsed on the pipeline before it exploded, according to the sources.
Whatever the outcome, the report should have an impact on the hundreds of lawsuits filed against the city and Con Edison that are wending their way through the courts.
The March 12, 2014, explosion destroyed several buildings and temporarily shut down the nearby Metro-North commuter line. Suspicion almost immediately fell on Con Ed, but state regulators and city officials also have faced pressure to improve infrastructure since the blast.
The gas main near the explosion was built in 1887, but the NTSB already has stated it is looking at a section of plastic piping installed in 2011.
Federal regulators have been pressuring the state Public Service Commission to address pipeline safety since the accident, and the state has taken a series of measures to increase its oversight of pipeline safety and to encourage quicker replacement of pipelines.
The state’s investigation, which involved 13 people, is the largest gas safety probe in its history, according to P.S.C. spokesman James Denn said. The P.S.C. has “proactively” put new safety measures into place and an active investigation is still underway, he said.
“Since the tragic event, the PSC has proactively strengthened its regulatory oversight of the State’s gas utilities,” Denn said in a statement. “The PSC has also taken significant steps to ensure that New York’s gas safety regulations remain among the most stringent in the nation.”
The state is considering plastic fusion of pipelines and has increased its oversight of pipelines to include the section that runs from the outside of a building’s front wall to an inside meter. The new regulations will now require more leakage tests on pipelines, additional drug and alcohol testing for repair crews and “odorization” of gas before it is put into a pipeline.
The P.S.C. also has exerted pressure on Con Edison, citing the utility last year for failing to maintain up-to-date training records on their gas pipe-fitters, a lapse it has since remedied.
Utilities estimate the new rules will cost $100 million to implement and they may soon be allowed to charge ratepayers a separate fee on their monthly bills to accelerate the replacement of the state’s network of aging gas pipelines, according to a proposal the P.S.C. is considering. The fees would be levied outside the typical utility rate cases that need state approval and usually last the better part of a year. The state wants to cut in half the estimated replacement time of 40 years for the 12,000 miles of leak-prone pipe running through the state.
Con Edison has taken a series of measures of its own accord since the explosion to replace aging infrastructure and improve detection measures.
“In the past year, we have undertaken a number of significant public safety initiatives to increase gas main patrols and inspections, coordinate emergency response and infrastructure upgrades with the city, and enhance public awareness,” utility spokesman Michael Clendenin said. “We look forward to receiving the NTSB’s findings and recommendations.”
While Con Edison has been cited as the central player in the disaster, the city is likely to share some of the blame.
“They were attempting to remedy the problem in some way but were just being very slow about it,” said Robert Vilensky, a lawyer representing 18 of the blast victims.
According to a Freedom of Information Law request filed by Capital, more than 200 people and entities filed a “notice of claim” with the city in 2014, signaling their intention to pursue legal action. The documents described in stark terms what happened on that March morning more than a year ago.
“The claimant was thrown against a wall and exposed to toxic elements,” reads one of the claims.
“The explosion knocked them out of their beds and onto the floor,” read another.
The families of the dead also are seeking compensation.
“The claimant was caused to be killed due to the negligence of the [City] in failing to change gas lines which are over 100 years old; in failing to inspect gas lines knowing that they are old and subject to leaks and decay,” read the claim of George Amadeo’s family. Amadeo was one of the eight fatalities in the explosion.
Claims with the city alone range from $5,000 to $50 million, and Con Ed, which also is suing the city, is likely to be on the hook for more.
Vilensky estimates the total liability involved will be somewhere in the range of $200 million, but warned the NTSB report will not be the final word.
“While it’s relevant, it’s not necessarily a legal standard,” he said , although added if the report points the finger at any entity, “it certainly lends credibility to the plaintiffs’ arguments.”
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