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Xcel Energy, Public Service Company of Colorado and a California-based company contracted by the utility to perform maintenance work on its Georgetown hydro plant were all indicted last week by a federal grand jury in the deaths of five workers.

The indictment alleges that a lack of safety precautions and violations of workplace safety rules on the part of RPI Coating, Inc., Xcel and Public Service Company of Colorado led to the October 2007 deaths.

The five RPI employees who died were Gary Foster, Dupree Holt, James St. Peters, Don DeJaynes and Anthony Aguirre.

Performing relining work on the Cabin Creek Hydro Plant’s penstock — a 4,000-foot water pipe — a fire erupted and the men became trapped inside the tunnel, dying within an hour from asphyxiation due to inhalation of carbon monoxide produced by the fire, according to the indictment. The grand jury said all three companies knew of the serious risks associated with the project, but did not acquire the required confined space permit and did not post signs informing workers of the danger.

The indictment also alleges that the three companies knew of previous incidents that posed health and safety hazards to employees working inside the penstock, but did not take appropriate action to correct the problems.

The three companies should have also conducted life safety rescue drills, said the grand jury.

Specifically named in the indictment is Philippe Goutagny, owner and president of RPI, and James Thompson, vice-president of the company.

“This catastrophe could have been avoided if the companies had followed their critical safety procedures,” said Greg Baxter, regional administrator for the Occupational Safety and Health Administration. “There should never be such disregard for the safety of employees.”

Tim Taylor, president and chief executive of Public Service Company of Colorado, expressed the company’s “deepest sympathies” to the five families and others injured during the fire. But in a statement, he then went on to defend the company’s safety practices.

“Safety has always been a top priority and a core value at Public Service Company of Colorado,” said Taylor. “We have an extensive safety organization, made up of experienced safety professionals who work hard to implement our numerous safety training programs and policies. We have a long and strong safety record. But safety is a job that is never done.”

Colorado U.S. Attorney David Gaouette stressed the importance of following OSHA guidelines.

“Following OSHA rules and regulations are critical to the safety of all workers in this country,” he said.

The three companies are each charged with five counts of violating OSHA regulation and causing death — punishable by a fine of not more than $500,000 per count.

Goutagny and Thompson, however, are each charged with five counts of violating the OSHA rules and face as much as six months in jail and a fine of up to $250,000 for each count. 

Michael Connelly, general counsel for Xcel, appeared insulted by the grand jury’s indictment. In a statement, he called the incident a simple accident.

“The general public is familiar with the legal system, and people understand that accidents are treated differently from criminal acts,” he said. “This was an accident — a tragic accident. But we reject any attempt to characterize the Cabin Creek events in any other way, and we look forward to the opportunity to present our case.”

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