Press Release

PUC Approves Nearly $1.2 Million Settlement with West Penn Power Regarding 2018 Fatal Electrocution in Allegheny County

Published on 3/10/2022

Filed under: Electric

Settlement includes West Penn Power’s implementation of substantial remediation measures and a significant civil penalty

HARRISBURG – The Pennsylvania Public Utility Commission (PUC) today approved a nearly $1.2 million settlement agreement with West Penn Power Company (West Penn) stemming from an April 12, 2018, incident that claimed the life of Terry Colton of Tarentum, Allegheny County.

The Commission voted 3-0 to adopt an Initial Decision by Administrative Law Judge Mary D. Long, which accepts a Joint Petition for Approval of Settlement between West Penn and the PUC’s independent Bureau of Investigation & Enforcement (I&E) alleging violations of the Public Utility Code by West Penn – including but not limited to an equipment failure which resulted in the death of Mr. Colton on his own property.

In the settlement, West Penn agrees to the following:

• The company will undertake substantial remediation measures - including remediation of materials, programs and policies to help prevent future material malfunctions, implement service improvements, and enact training procedures for both employees and contractors, as well as enhanced oversight procedures for contractors by West Penn Power employees.
  
  
• Upon implementation of each non-monetary, remedial measure, the company will file with the Commission a verification acknowledging that the company has met, or complied with, each of those measures.
  
  
• The company will pay a civil penalty of $1.175 million – which is not tax deductible and may not be passed through to West Penn’s customers.

In its complaint, filed March 26, 2021, I&E alleged that on April 12, 2018, a conductor owned by West Penn fell onto the wooded property of Terry and Frances Colton, causing a brush fire. After the fire was extinguished, Mr. Colton came into contact with the conductor and was killed. I&E further alleged West Penn violated the Public Utility Code because, among other things, West Penn failed to properly inspect and maintain the right-of-way and manage the vegetation within the right-of-way.

About Electric Safety

Created in 2014, the Electric Safety Section of the Safety Division works to increase the safety of individuals working around power lines, including utility employees, contractors, construction workers and homeowners.  Annually, an average of 24 serious injuries and six deaths occur in Pennsylvania involving individuals working around utility company power lines. 

Additional general electric safety information and tips are listed on the PUC’s Electric Safety webpage under “Homeowner and Contractor Safety Information”.

About the Bureau of Investigation & Enforcement

As the independent investigation and enforcement bureau of the PUC, I&E enforces state and federal regulations as it pertains to pipeline safety, electric safety, water safety, and Pa1Call Enforcement and motor carrier safety laws and regulations and represents the public interest in ratemaking and service matters before the PUC’s Office of Administrative Law Judge.  I&E Safety Division includes the Pipeline Safety Section, the Electric Safety Section and Motor Carrier Enforcement Division and has the authority to bring enforcement action, seek emergency orders from the Commission or take other steps to ensure public safety.

The Pennsylvania Public Utility Commission balances the needs of consumers and utilities; ensures safe and reliable utility service at reasonable rates; protects the public interest; educates consumers to make independent and informed utility choices; furthers economic development; and fosters new technologies and competitive markets in an environmentally sound manner.

Visit the PUC’s website at www.puc.pa.gov for recent news releases and video of select proceedings. You can also follow us on Twitter, Facebook, LinkedIn, Instagram and YouTube. Search for the “Pennsylvania Public Utility Commission” or “PA PUC” on your favorite social media channel for updates on utility issues and other helpful consumer information.

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Docket No.:  C-2021-3024913

Contact:

• Nils Hagen-Frederiksen
  Press Secretary
  717-418-2701
  nhagen-fre@pa.gov