2 W.Va. Shortline Railroads Get Federal Funding For Upgrades

The Appalachian & Ohio Railroad and the Kanawha River Railroad will receive as much as $16 million and $19 million, respectively.

The U.S. Department of Transportation is giving two West Virginia shortline railroads money for improvements.

The Appalachian & Ohio Railroad and the Kanawha River Railroad will receive as much as $16 million and $19 million, respectively.

That’s from the Federal Railroad Administration’s Consolidated Rail Infrastructure and Safety Improvement Program, made possible by the Infrastructure Investment and Jobs Act of 2021.

The two railroads will use the money to rehabilitate track, locomotives, bridges and tunnels.

The Appalachian & Ohio operates 158 miles of track between Grafton and Cowen and hauls primarily coal. It interchanges with CSX.

The Kanawha River Railroad operates 385 miles of track from Columbus, Ohio, to Elmore, West Virginia, and hauls coal, chemicals, cement, aggregates and metals. It interchanges with Norfolk Southern and CSX.

The two awards are part of USDOT’s $1.4 billion total investment for 70 projects in 35 states.

Trust: East Palestinians Not On The Same Track

In this episode of Us & Them, host Trey Kay hears from residents who face daunting challenges. Some say government agencies are doing their best at ongoing cleanup, while others say delays and inconsistent information leave them uncertain about their safety and unclear about whether they can go home. 

In the aftermath of a disaster, people search for assistance and answers. 

Since a rural Ohio train derailment sent toxic material into the air, soil and water earlier this year, people in East Palestine have needed help. Some look to the government for that support, while others aren’t sure who to trust. 

In this episode of Us & Them, host Trey Kay hears from residents who face daunting challenges. Some say government agencies are doing their best at ongoing cleanup, while others say delays and inconsistent information leave them uncertain about their safety and unclear about whether they can go home. 

This episode of Us & Them is presented with support from the West Virginia Humanities Council and CRC Foundation.

Subscribe to Us & Them on Apple Podcasts, NPR One, RadioPublic, Spotify, Stitcher and beyond.


An East Palestine, Ohio resident watches a black plume rise over his town, in February 2023, after a controlled detonation of derailed Norfolk Southern tank cars filled with vinyl chloride.

Credit: NPR
Until the Norfolk Southern derailment, Jami Wallace was an East Palestine resident. She lived just over a mile from the accident site. Now, she’s moved with her family to East Liverpool — about 30 minutes away. She has a law degree and a background in Political Science and Public Administration. Now, as president of a response group for her community — the Unity Council — she finds herself a de facto spokesperson for a town still in crisis.

Credit: Trey Kay/West Virginia Public Broadcasting
A yard sign near the center of East Palestine.

Credit: Trey Kay/West Virginia Public Broadcasting
Macklain Hersman works in IT and says he lives within the official disaster area. He has history in East Palestine. In fact, his house has been in the family for three generations.

Credit: Trey Kay/West Virginia Public Broadcasting
Mark Durno, an EPA response coordinator, takes questions from concerned East Palestine residents.

Courtesy Stephanie Elverd
EPA Community Involvement Coordinator Diane Russell discusses the air monitoring data that the EPA has collected for the East Palestine area.

Courtesy Stephanie Elverd
“East Palestine is quite a conservative area, but what I saw whenever things happened was I saw people who were on the right, who were on the left, who were somewhere in the middle, and some people who didn’t care at all, come together to demand answers and demand justice. Personally, I was proud of that, and that’s part of the reason why I’m here…that beauty in coming together, that solidarity, is what everyone should have all the time.” — Timothea Deeter, East Palestine resident

Credit: Trey Kay/West Virginia Public Broadcasting

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.

Months After East Palestine Derailment, Rail Safety Bill On Track For Vote

On Thursday, Capito said changes are being made to the bill, and she expects the full Senate will vote on it by the end of the year.

It’s been seven months since the Norfolk Southern train derailment and chemical spill in East Palestine, Ohio. U.S. Sen. Shelley Moore Capito says a rail safety bill is still in the works.

Capito voted no on the Railway Safety Act when it passed the Senate Commerce Committee in May.

On Thursday, Capito said changes are being made to the bill, and she expects the full Senate will vote on it by the end of the year.

“Those issues are being negotiated right now,” she said. “I do believe there’s been commitments by, probably, Leader Schumer and others to put that bill up on to the floor.” 

No one was killed or seriously injured in the February derailment in East Palestine. But the incident raised a variety of public health and safety issues the legislation could address.

Those include notification of hazardous rail shipments to first responders, improved train defect inspection and detection, and more robust tank cars for transporting flammable liquids.

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.”

East Palestine First Responders Faced Communications Gap With Railroad

Not one of the first responders on the scene had access to an app that was created by the rail industry precisely for that kind of situation.

Fire departments from Ohio, Pennsylvania and West Virginia responded to the Feb. 3 Norfolk Southern derailment in East Palestine, Ohio. At first, they didn’t have a lot of information to work with.

Jennifer Homendy, chairwoman of the National Transportation Safety Board, told the Commerce, Science and Transportation Committee that none of the first responders on the scene had access to an app that was created by the rail industry precisely for that kind of situation.

The AskRail app was created in 2014 to help first responders amid a series of derailments and fires involving trains carrying crude oil and ethanol.

Ian Jeffries, CEO of the Association of American Railroads, the industry’s principal lobbying group, said the app needs to be in more hands.

“There are a lot of first responders in this country,” he said, “and having 35,000 with the app is absolutely not sufficient, not where we need to be.”

U.S. Sen. Shelley Moore Capito of West Virginia, a member of the Commerce Committee, said the railroad also needed to improve its communication.

“They were pledging safety and funds to help train, and things of this nature,” she said, “but they still have missed the ball in terms of communications.”

The NTSB is investigating the East Palestine derailment and separately probing Norfolk Southern’s safety culture. Since the Feb. 3 derailment, other crashes have occurred in Michigan, Ohio and Alabama. 

Homendy said advance notification of hazardous materials moving through communities is key.

“Because they need to be prepared,” she said. “They need to be adequately trained, they need the right gear, and they need to have emergency response planning done in coordination with the railroads.”

Capito said a bipartisan bill to improve rail safety was likely coming in the next several months. 

Meanwhile, East Palestine first responders were among the first to enroll in a hazardous materials training class in Bellevue, Ohio, paid for by Norfolk Southern.

The training class is available to first responders in Ohio, Pennsylvania and West Virginia. The first class began this week.

Exit mobile version