Los Angeles DA Charges Utility with Crimes for Gas Leak

February 2016, Vol. 243, No. 2

LOS ANGELES (AP) — Los Angeles prosecutors filed misdemeanor criminal charges Tuesday against a utility for failing to immediately report a natural gas leak that has been gushing nonstop for nearly 15 weeks.

District Attorney Jackie Lacey said the charges aren’t a solution to the problem, but Southern California Gas Co. needs to be held responsible for the leak that has uprooted more than 4,400 families.

The charges came the same day the state attorney general joined a long line of others in suing the gas company for the blowout that has spewed more than 2 million tons of climate-changing methane since October.

Lawmakers in Congress have urged the U.S. secretary of energy to investigate the leak, and federal regulators are crafting new safety standards for underground natural gas storage facilities.

The criminal complaint charges the company with three counts of failing to report the release of a hazardous material and one count of discharge of air contaminants.

The company didn’t immediately respond to a request for comment.

If convicted, the company could be fined up to $1,000 per day for air pollution violations and up to $25,000 for each of the three days it didn’t notify the state Office of Emergency Services of the leak.

The company said it discovered the leak Oct. 23 and notified state gas and oil regulators.

But it failed to let state emergency officials know until Oct. 26, Attorney General Kamala Harris said in the latest of more than two dozen lawsuits filed against SoCalGas.

The leak has created a public health and statewide environmental emergency, Harris said. The lawsuit, which doesn’t specify damages, says the company created a nuisance and violated health and safety codes and the state’s unfair competition law.

A spokeswoman said the company doesn’t comment on pending litigation and was focused on stopping the leak, which it expects to plug by the end of the month.

SoCalGas is facing more than two dozen lawsuits — including potential class-actions from residents and businesses over the leak as well as from regional air regulators and city and county authorities.

Harris, a Democrat running for U.S. Senate, is the first state official to sue, though her lawsuit incorporates elements of lawsuits filed by the city and county of Los Angeles.

Several state agencies are investigating the blowout and have issued orders to the gas company to stop it and turn over records of the 60-year-old well and others from the field that is the largest natural gas storage facility in the West.

The federal Pipeline and Hazardous Materials Safety Administration got involved for the first time Tuesday, saying it is working to propose new regulations for gas storage and directing operators to “inspect and take immediate actions to ensure the safety of underground natural gas storage facilities across the country.”

U.S. Rep. Brad Sherman, a Democrat who lives in the Porter Ranch neighborhood that has been most affected by the gas leak, said the agency’s advisory amounted to a note to industry saying, “not just please, but pretty please” follow the American Petroleum Institute’s recommended practices for gas storage.

“At a very minimum, those practices should be mandatory immediately,” said Sherman, who is working on legislation that would require Pipeline and Hazardous Materials Safety Administration to set safety standards for natural gas storage facilities.

The agency’s advisory said gas storage operators should check for leaks and identify potential failures from corrosion and other damage. The agency said the SoCalGas gas leak probably came from a well casing.

State regulators are investigating the cause of the leak, but they said they won’t know until the well is plugged, which is expected by the end of the month.

Residents have reported symptoms including headaches, nosebleeds and rashes, among other woes.

Public health officials have blamed the maladies on odorant added to make the gas detectable. They have said the leak — mostly methane but including trace elements of the carcinogen benzene — is not expected to cause long-term health problems.

California Sens. Barbara Boxer and Dianne Feinstein, both Democrats, introduced a legislative amendment passed Tuesday that would ask the U.S. Department of Energy to investigate and stop the Aliso Canyon leak and prevent similar disasters at the nation’s more than 400 underground natural-gas storage sites.

Boxer stood by a dramatic infrared photo that showed the otherwise invisible plume of methane-laced natural gas from the blowout. She told fellow senators in a speech on the Senate floor that the leak was a “nightmare.”

By Brian Melley, Associated Press

 

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