PSC Hid Terms Of Contract With Consultant. Then, Cost Doubled

The PSC contracted with Critical Technologies last year to review the fuel management practices of Appalachian Power at its three West Virginia power plants.

The price of a contract between the West Virginia Public Service Commission and an Arizona consulting firm nearly doubled, but the reasons are not clear.

On July 19, the PSC and Critical Technologies Consulting, of Mesa, Arizona, agreed to a change order that increased the cost of their contract from $288,000 to $522,000.

The PSC contracted with Critical Technologies last year to review the fuel management practices of Appalachian Power at its three West Virginia power plants.

Critical Technologies was the winning bidder among four firms that submitted proposals.

WVPB obtained the change order through a Freedom of Information Act request.

The document did not explain why the change was made or what additional services were provided. 

The consultant’s report could influence the PSC’s decision on whether to approve the utility’s application to recover $641.7 million from electricity users in West Virginia – a potential $20 a month increase on their bills.

The PSC held an evidentiary hearing on the matter this week.

PSC filings concealed information about payments and services involving Critical Technologies and its three rival firms. The agency cited “trade secrets” as justification for shielding those details from public view.

In a June filing, the PSC warned that disclosing pricing information risked increasing the cost of contracts to the agency.

Patrick McGinley, a professor at the West Virginia University College of Law, said government agencies should be transparent about how they spend public funds.

“Contracts should be public,” he said.

For example, McGinley, said, WVU President Gordon Gee’s contract is publicly available, with no redactions, or information concealed from public view.

So is a contract the PSC agreed to just this week. The agency will pay Van Reen Accounting LLC $122,000 to perform an audit to determine whether Mon Power electricity customers in West Virginia should be reimbursed for company lobbying expenses related to the HB 6 scandal in Ohio.

A decade ago, the railroad companies Norfolk Southern and CSX sued a Maryland agency to prevent the public disclosure of information about flammable crude oil shipments by rail. A judge ruled against the railroads and in favor of the news organizations requesting the data through open records law. The railroads lost a similar effort in Pennsylvania.

Invoking exemptions to open records law is not always justified, McGinley said.

“They hope people go away,” he said. “And they usually do.”

A spokeswoman for the PSC could not explain why the price of the Critical Technologies contract nearly doubled, nor what additional services the consulting firm provided.

Appalachian Power is an underwriter of West Virginia Public Broadcasting.

CSX To Convert Diesel Locomotives To Hydrogen At Huntington Shop

Like many companies, CSX has committed to reduce its carbon emissions. It set a goal of a 37 percent reduction from 2014 to 2030.

Railroads CSX and Canadian Pacific Kansas City have said they’ll work together to develop hydrogen conversion kits for their existing diesel locomotive fleets.

The initial conversion work in the partnership will be performed at the CSX locomotive shop in Huntington.

““This exciting initiative will greatly benefit from the expertise of CSX’s advanced, large-scale facilities, where the locomotives will be built,” said Joe Hinrichs, CSX president and CEO.

Canadian Pacific has already converted one locomotive, which has undergone 1,000 miles of testing.

Hydrogen produces zero carbon dioxide emissions when burned. However, the production of hydrogen can have a carbon impact if it is made from fossil fuels.

Like many companies, CSX has committed to reduce its carbon emissions. It set a goal of a 37 percent reduction from 2014 to 2030.

Railroads Slow Down Push To Reduce Train Crew Sizes, But It May Not Last

Two of the nation’s biggest railroads have paused their push to change train crew size in their contract negotiations with workers. Still, railroad labor leaders don’t think the companies will give up.

In the wake of recent train derailments, including the one in February in East Palestine, Ohio, members of Congress have introduced bills to set a minimum train crew size of two.

The Federal Railroad Administration has also proposed a rule requiring two people on each train.

The railroads have fought such efforts. Sen. Ed Markey, D-Massachusetts, asked Norfolk Southern CEO Alan Shaw in a recent Senate Commerce Committee hearing where he stood on the issue.

“Will you commit to a two person crew on all trains?” Markey asked.

“Senator, we’re a data driven organization, and I’m not aware of any data that links crew size with safety,” Shaw said.

Since then, Norfolk Southern and Union Pacific, two of the nation’s biggest railroads, have paused their push to change train crew size in their contract negotiations with workers.

Still, railroad labor leaders don’t think the companies will give up.

Jared Cassity, alternate national legislative director for the SMART Transportation Division, said having a conductor on the train that derailed in East Palestine prevented a worse situation. 

“I’ve been a conductor, I’ve been a locomotive engineer. You cannot do that job alone or you cannot do it safely,” he said. “And so that is the most fundamental thing that we have threatening safety in the industry right now.”

He also said it made a difference in a derailment earlier this month at Sandstone, West Virginia. A CSX train struck some fallen rock on the track. The engineer broke both his legs. But he wasn’t by himself in the cab. There was a conductor and an engineer trainee who could help.

“Thankfully, there was a trainee there, an engineer trainee, but they had to lift him up out of that locomotive,” Cassity said. “Had he been alone? I don’t know what would have happened. I mean, that locomotive was on fire.”

Railroads have spent billions of dollars on a safety system called positive train control. They say that makes it possible to run a train safely with just one person. Cassity disagrees.

“You know, they try to justify the argument with technology,” he said. “And, you know, the unfortunate reality is, is technology cannot do what a human being can do.”

Such as the long list of things the Norfolk Southern conductor did in East Palestine.

“As soon as the accident occurred, conductor got down, started an inspection, identified the fire, identified the presence of hazardous materials, relayed that to the engineer, so the emergency services could get put en route, they tied down the brakes on the equipment, so there would be no unintentional movement. And then they separated the locomotive so they themselves could get to safety. A single person cannot do that.”

2 CSX Workers Injured In New River Gorge Derailment Released From Hospital

By Friday, CSX said the derailed locomotives and cars had been removed from the site. The railroad said it expected to resume rail service on Saturday.

Two of the three CSX workers injured in a Wednesday derailment in the New River Gorge have been released from the hospital, the railroad said Friday.

Another injured worker continues to receive treatment, CSX said.

An engineer, conductor and engineer trainee were operating the westbound 109-car empty coal train early Wednesday when it struck large pieces of rock on the track near Sandstone.

All four locomotives and 22 cars derailed. One locomotive came to rest in the river, and leaking diesel fuel caught fire.

By Friday, CSX said the derailed locomotives and cars had been removed from the site. The railroad said it expected to resume rail service on Saturday.

Amtrak’s Cardinal, which shares the affected track with CSX, was canceled in both directions for the remainder of the week.

As part of its restoration effort, CSX said it would excavate any soil or rock that came in contact with diesel fuel and replace it with clean material.

CSX Train Derails In New River Gorge, Injuring 3 Railroad Workers

In a statement, CSX said an empty coal train struck a rock slide before 5 a.m. near Sandstone. The train’s four locomotives derailed and one caught fire.

A CSX train derailed early Wednesday in the New River Gorge, but no life-threatening injuries or hazardous materials were involved, according to the railroad.

In a statement, CSX said a 109-car empty coal train struck a rock slide before 5 a.m. near Sandstone.

The train’s four locomotives derailed and one caught fire. One locomotive and one fuel tank went into the river, according to the West Virginia Emergency Management Division.

Three crew members were on board – an engineer, a conductor and an engineer trainee. All three were injured, CSX said, though to what extent was not immediately clear.

The railroad said an unknown quantity of diesel fuel spilled and that it would deploy containment measures in the New River.

The Department of Health and Human Resources notified local water systems that could be affected. West Virginia American Water is monitoring water quality and has not shut down any intakes.

Amtrak’s Cardinal was canceled in both directions through West Virginia because of the derailment.

The CSX derailment comes as another big eastern railroad, Norfolk Southern, faces intense scrutiny of its safety culture following a series of recent incidents.

The National Transportation Safety Board announced Tuesday that it is investigating Norfolk Southern’s safety practices. The investigation follows two high-profile derailments in Ohio, including the one in East Palestine last month and another over the weekend in Springfield.

A Norfolk Southern conductor was also killed on the job Tuesday in Cleveland.

The NTSB sent teams to investigate all three Ohio incidents. Norfolk Southern CEO Alan Shaw is scheduled to testify before the Senate Environment and Public Works Committee on Thursday.

“We must do better in terms of rail safety,” tweeted Sen. Shelley Moore Capito, R-West Virginia, the ranking member of the committee.

In February 2015, a CSX train carrying Bakken crude oil derailed in Mount Carbon, resulting in explosions and fires. Hundreds of local residents were evacuated, and one home was destroyed.

The derailment released 362,000 gallons of crude oil, according to a Federal Railroad Administration report.

In 2018, CSX reached a settlement in which it paid $1.2 million to the federal government and $1 million to West Virginia over the derailment’s impact to water quality in the area.

Investigators determined that a broken rail caused the Mount Carbon derailment.

Norfolk Southern Joins Other Railroads In Offering Paid Sick Leave

The Norfolk Southern deal covers about 3,000 employees who repair and maintain the track.

Norfolk Southern reached a deal on Wednesday with the Brotherhood of Maintenance of Way employees to provide up to seven days a year of paid sick leave.

The deal follows another with CSX in recent weeks. Norfolk Southern is the second-largest carrier in West Virginia behind CSX, with about 800 miles of track.

Like CSX, Norfolk Southern is a major transporter of coal from Appalachia to eastern ports.

The Norfolk Southern deal covers about 3,000 employees who repair and maintain the track.

The lack of paid sick leave was a major issue last year when several rail unions threatened a nationwide strike. 

In December, Congress approved a labor agreement between the railroads and the White House, but it did not include paid sick leave.

Earlier this week, western carrier Union Pacific reached a deal on paid sick leave with two unions.

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