Workers, widows sue FirstEnergy Corp.
Toxic gas release killed 2, injured 4 in August
FirstEnergy Corp. is facing accusations of “carelessness and negligence” for a release of toxic gas in August that killed two workers and injured four others at its coal-fired power plant in Beaver County.
The widows of the two deceased workers and two of the injured workers have filed lawsuits against the Akron, Ohio-based energy company, demanding a total of $130,000 for personal losses suffered and a wide range of injuries sustained.
The lawsuits, originally filed in Common Pleas court in Allegheny and Beaver counties in October and November, were moved on Thursday before a federal judge at the U.S. District Court for the Western District of Pennsylvania. They are separate from an ongoing investigation by the Occupational Safety and Health Administration.
A FirstEnergy spokeswoman said on Friday the company is working on an internal investigation into what happened and declined to comment on the lawsuits.
The incident, which unfolded during the overnight hours on Aug. 29-30, involved the release of a toxic gas called hydrogen sulfide, also known as sewer gas. According to the lawsuits, which all lay out the same details leading up to the incident, what began as routine plant maintenance quickly became a scene of horror.
Around 11:30 p.m., a five-man crew of contractors employed by
Cincinnati-based Enerfab Corp. descended into a confined space with concrete walls to remove an elbow joint from a pipe. One FirstEnergy employee supervised from the top.
They were told by FirstEnergy employees the pipecontained water, the lawsuit claims. In addition, the lawsuit alleges the pipe was not properly marked with warning labels showing the pipecontained toxic gases.
During the work, a circuit breaker tripped, knocking out power and light. One of the crew members, Thomas Cantwell, 31, of Crafton, climbed out of the space to reset the circuit breaker and restore lighting. Some time after reaching the top, he began to hear screams from below: The pipe contained not only water, but hydrogen sulfide and likely a sludge of coal waste.
Nathaniel W. Compton, 31, of Wellsville, Ohio, and Michael Gorchock, 43, of Pittsburgh, frantically climbed the ladder. Mr. Compton pushed Mr. Gorchock out before losing consciousness, and Mr. Gorchock and Mr. Cantwell also lost consciousness.
Two workers could not escape — Kevin Patrick Bachner, 34, of Pittsburgh, and John Michael Gorchock, 42, of Pittsburgh. The lawsuit claims they died either from inhaling the gas or drowning in sludge released from the pipe.
Mr. Bachner is survived by his wife, Kerri Ann Bachner, and two sons: 2year-old Killian and 10month-old Kaycen.
John Gorchock is survived by his wife, Alisa M. Gorchock, and two daughters, 10-year-old Lilly and 7year-old Rubie. He also left behind a grieving brother, Michael Gorchock, who is suffering from nightmares and suicidal thoughts, according to the lawsuit.
The lawsuits were originally filed separately in state court in Allegheny and Beaver counties by Ms. Bachner, Ms. Gorchock, Mr. Gorchock and Mr. Cantwell. Ms. Bachner, Ms. Gorchock and Mr. Cantwell are each asking for $35,000, and Mr. Gorchock is asking for $25,000.
Robert J. Mongeluzzi, a personal injury lawyer based in Philadelphia, is listed as the plaintiffs’ lawyer. His firm did not immediately respond to a request for comment.
At power plants, workplace safety experts say, employees can encounter hydrogen sulfide when working near the wastewater treatment systems that clean or recycle the facility’s waste product, which can contain a slow-moving mixture of hazardous pollutants. It is unclear where exactly the workers were located within the plant.
Thepipe likely contained a sludge that was a liquid or muddy consistency, a hydrogen sulfide expert said after the incident. The colorless gas, which has a sulfurous “rotten egg” smell at low concentrations, can be lethal when inhaled in confined, underground spaces where workers could encounter stagnant pools of water or waste material, he said.
Among other violations, the lawsuit alleged the pipe did not have an emergency shutoff valve and an air ventilation system that could have moved toxic fumes from the confined space.
OSHA is investigating the incident. OSHA’s reviews of workplace fatalities typically take six months, but there is no public timeline on the Bruce Mansfield incident.
Bruce Mansfield is FirstEnergy’s largest coalfired plant. OSHA has inspected the plant six times since 2007, according to online records maintained by the agency. Two of those inspections, one in 2011 and the other in 2013, resulted in violations for which FirstEnergy paid $15,500 to settle.