Press Release

PUC Releases Findings in PA American Water Investigation, Initiates Improved Public Notice, Emergency Response Procedures

Published on 3/2/2006

Filed under: Water and Wastewater

HARRISBURG – In approving its investigative report on the Pennsylvania American Water Company’s (PAWC) high fluoride concentration incident, the Pennsylvania Public Utility Commission (PUC) today put water utilities across the state on notice to implement better consumer notification procedures and update their emergency procedures.

“The findings of this report should be a reminder to all utilities that it is critically important to update their emergency response plans on an annual basis so that they are prepared in the event of an emergency,” said Commissioner Kim Pizzingrilli in a motion that also will clarify the Commission’s existing regulations to define the term “service interruption” with respect to water utilities.

The Commission voted 4-0 to release the report to the public, issue a policy statement on public notice standards relating to unscheduled water service interruptions, amend its existing regulations to define the term service interruption and remind utilities of their obligation to retain updated emergency response plans. Vice Chairman James Cawley recused himself from the vote.

“The spill presents an opportunity to improve customer notification for all water utilities as well as alternative water supplies during an outage or interruption,” said Commission Chairman Wendell F. Holland in a statement. “I urge water utilities to implement better customer notification procedures now, while new guidelines are being developed by this Commission and make certain Emergency Preparedness plans are up-to-date.”

The Commission requires that companies certify that their physical and cyber, emergency response and business continuity plans are current. While PAWC certified that their plans were in accordance with Commission requirements, the investigation found that the emergency response plan for the plant where the spill occurred has not been updated since 1993. It also found that the emergency response plan for its central operations was outdated and that phone numbers PAWC had for Commission contacts were obsolete.

The Commission’s regulations also direct utilities to notify the Commission by telephone within one hour after a preliminary assessment of conditions reasonably indicates an unscheduled service interruption affecting 2,500 or 5 percent, whichever is less, of their total customers in a single incident for six or more projected consecutive hours.  PAWC asserts that the term “service interruption” is not defined in regulation. While the Commission does not agree that the regulation lacked definition, today’s action will more clearly define that term.

On Dec. 15, 2005, the Commission launched an investigation into a Dec. 10, 2005, incident at the company’s Yellow Breeches Water Treatment Plant that resulted in excessive levels of fluoride concentration in its drinking water. A “do not consume” order was issued that affected about 34,000 consumers in Cumberland and York counties.

During the investigation, the company acknowledged that:

• The incident was a result of human error (a plant operator bypassed a switch and forgot to disengage it when he left; PAWC has since implemented corrective measures);
• Emergency response plans were outdated; and
• It did not use its website to notify the public about the water advisory.

All regulated water utilities will be served a copy of the Commission’s actions to remind them of their legal obligation to comply with Commission regulations.

The Pennsylvania Public Utility Commission ensures safe, reliable and reasonably priced electric, natural gas, water, telephone and transportation service for Pennsylvania consumers, by regulating public utilities and by serving as responsible stewards of competition. For recent news releases, or more information about the PUC, visit our internet homepage www.puc.state.pa.us.

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Docket No:      I-00050109

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