NY Could Fine Utility Up To $2.5M Over Gas-Leak-Fed Fire In Brewster

BREWSTER, NY — The New York Public Service Commission began enforcement proceedings against the New York State Electric and Gas Corporation over a fire in February that destroyed a two-family home in Brewster.

The Department of Public Service has been investigating NYSEG over the natural gas leak at 2592 Carmel Ave. that caused the fire. SEE: Fire Consumes Brewster Home.

At its Thursday meeting, the PSC voted to order NYSEG to show cause, within 30 days, why civil penalties should not be imposed by the Commission for apparent violations relating to the gas-related fire, and why NYSEG should not be required to investigate the installation and confirm the effectiveness of certain "tapping tees" in its service territory, spokesman James Denn told Patch.

The commission could assess a penalty of up to $250,000 for each violation, and the order alleges 10 violations.

The order issued Thursday afternoon describes an excruciating series of missteps and delays by NYSEG employees. This is only the summary:

Approximately one hour before the blaze started, New York State Electric and Gas (NYSEG) employees were called to the neighboring building, the “Brewster Superette” deli, to investigate the smell of natural gas. An underground plastic fitting had failed in the company’s gas distribution systems, causing a natural gas leak in the area. The responding NYSEG employees represented the last, best chance of discovering and remediating the underground gas leak. However, instead of investigating, locating, and remedying the leak in an expeditious manner, NYSEG employees expended approximately 60 minutes attempting to find the right diagnostic equipment to perform basic field work.

While NYSEG employees sought to use mismatched equipment and dead batteries, 2592 Carmel Avenue started billowing smoke out of the windows. By that time, approximately one hour had elapsed with no significant remedial or investigatory steps having been taken by NYSEG employees. The building was evacuated, and fire then engulfed the structure.

NYSEG employees called 911, and the Brewster Fire Department (Fire Department) responded to the location. Upon arrival, the Fire Department encountered a raging, gas-fed fire and requested that NYSEG employees shut off the gas main. Inexplicably, it took over three hours and multiple phone calls by the Fire Department to finally shut off the natural gas line feeding the flames.

According to the facts listed in the order, the two employees who responded to the call about a smell of gas could smell it too. But they discovered their underground gas line locator had dead batteries and they had the wrong drill and got a screwdriver stuck in the frozen ground. One went off and brought back a different drill which was also incorrect and a new locator which also had dead batteries. When they saw smoke coming from the house they shut off the gas meter on the side of the building.

Department of Public Service investigators alleged:

The Fire Department then instructed NYSEG employees to secure and shut down the gas main, located on the roadway, approximately 40 feet from 2592 Carmel Avenue. NYSEG employees assured the Fire Department that the gas main line was shut off. However, after nearly 1 hour of fighting the blaze, the Fire Department was unable to extinguish the fire. NYSEG employees on scene could not confirm that the gas main was shut down, nor could they explain their protocols to the Fire Department. The gas leak reignited the structure multiple times, prolonging the blaze and significantly hampering Fire Department efforts. Approximately 3 hours elapsed, with multiple phone calls between the Fire Department and NYSEG supervisors, before NYSEG employees were finally able to secure and shut down the gas main. The gas main was shut down at approximately 12:50 p.m.

Even after the fire was extinguished, puddles from the firefighting operations contained visible bubbling as the natural gas percolated up through the ground, investigators said in the order.

After the fire department left, NYSEG staff determined that an improperly installed underground "tapping-tee" 40 feet from the house was the source of the leak. The state's investigation revealed that NYSEG was alerted to the risks associated with incorrect installation of the PermaLock Mechanical Tapping Tee Assemblies a decade before the fire.

The investigators also reviewed NYSEG’s emergency plans relating to gas incidents, and concluded they lacked adequate detail, direction, or steps for NYSEG field staff to take in the event of an emergency, according to the order.

Commissioner Diane Burman pointed out that it was an appropriate item to vote on considering that it was National 811 Day, which promotes protection of underground utilities, people who dig near them, and their communities.

"Dig safe programs are really important," she said, commending You Dig New York and other programs and suggesting the PSC increase its engagement with municipalities. "I believe we can get to zero incidents but it requires all of us working together."