Missouri’s attorney general filed a lawsuit May 12 against a utility company a week after a federal agency reported a natural-gas line, linked to an explosion that killed a 5-year-old boy, was not marked by the locating service.
Attorney General Andrew Bailey alleges that Liberty Utilities “falsely told an excavator that all its gas pipelines had been properly marked.” Unaware of the unmarked natural-gas line, a subcontractor installing fiber-optic cable April 9 in Lexington “drilled into an unmarked section of a capped underground gas distribution main,” according to a preliminary report released May 5 by the National Transportation Safety Board.
The explosion and resulting fires, which occurred about three hours after the strike, killed a 5-year-old boy and severely burned his father and 10-year-old sister while they were in their home, which was destroyed. Multiple other homes were damaged. Liberty had called for the evacuation of a business 15 feet from the leak. Other buildings and residences within 80 to 160 feet from the leak were not evacuated.
The subcontractor called 811 before excavating and was told two days before drilling that all lines had been marked, according to NTSB. “The location of the uncapped gas main section involved in the accident was not identified or marked during this process.”
AG Bailey cited state law that requires utility companies to respond to locate requests and mark the location of underground facilities within two working days. The lawsuit seeks civil penalties of up to $10,000 each day a violation exists against Joplin-based Liberty Utilities (Midstates Natural Gas) Corp., as well an injunction that prohibits Liberty from any further violations of the underground utilities law.
“Defendant’s actions put a residential community at risk, caused an explosion that shook the community of Lexington, Missouri, and grievously harmed an innocent family,” the suit says.
The AG asks the court to require all Liberty managers and supervisors to review the state’s online Excavator Education Program, complete the test at the end, and attend in-person training sponsored by the Missouri 811 system. The suit also asks the court to appoint “a special monitor to oversee and ensure” Liberty’s compliance with the law and provide periodic reports.
“Tragedies like this are exactly why this law exists,” Bailey said. “It’s imperative that companies follow the law – not just to avoid penalties, but to protect lives.”
