Chapter 21 – Right of Way (MO)
New §21.24, State Participation in Gas Pipeline Relocations (Utility
Adjustment, Relocation, or Removal) and Amendments to §21.31,
Definitions, §21.33, Applicability, §21.34, Scope, §21.36, Rights of Utilities,
§21.37, Design, and New §21.42, Appeal Process (Utility Accommodation)
Legislation passed by the 81st Legislature increases the types of gas pipelines that can be placed longitudinally in state highway right of way. The proposed rule changes authorize installation of the new gas pipelines, provide for verification of Railroad Commission regulation, and establish a formal appeal process.
Showing posts with label Railroad Commission. Show all posts
Showing posts with label Railroad Commission. Show all posts
Saturday, August 29, 2009
State Participation in Gas Pipeline Relocations
From Minutes of Texas Transportation Commission, August 27, 2009
Tuesday, February 12, 2008
Water preservation key issue for Railroad Commissioner Candidate Dale Henry
By Sandra Cason - The Marshall News Messenger - Friday, February 08, 2008
It's all about water, said Dale Henry, Democratic candidate for Texas Railroad Commission.
"My campaign is important for one reason," Henry said, "and that is because the state of Texas is running out of water. It is an abused natural resource and the Railroad Commission has done nothing about it for the past 106 years."
If he is elected in this, his third bid for the seat, Henry said he will be the first commissioner with hands-on experience in oil and gas exploration, the industry for which the commission provides oversight.
Henry faces Art Hall and Mark Thompson in the March 4 Democratic Primary. If he is the party nominee, Henry will face Republican incumbent Michael Williams in the November general election.
A resident of Lampasas, 50 miles west of Austin, and a graduate of University of Texas, Henry is a retired employee of Schlumber J company, having worked in the oil fields of Iraq, Iran, Saudi Arabia and the Persian Gulf.
"I spent a number of years in research and development and I hold several fracturing patents," Henry said.
"I've been out there and seen it all," he added.
While many people may not stop to think about it that way, Henry pointed out that oil and gas drilling operations have a tremendous impact on ground water.
"Oil and gas activity inherently produces a lot of water," Henry said. "Water is what is used to bring it to the surface, but on its way, the water accumulates contaminated materials."
A common disposal method for the liquid is "to put it back in the ground."
Henry said he learned of a DeBerry preacher whose church hasn't had water in a number of years. "One well was drilled too close to his church and all the wells in the area are contaminated with salt water. You can drill a hundred good ones, but it takes just one bad well to create a whole bunch of problems," Henry said.
Good drilling practices are particularly important at this point in time because so many production companies are now using a horizontal approach.
"There's an area called the Barnett Shale," Henry said. "It is a very thick layer of stone and breaking through it has never made the effort worthwhile until horizontal drilling. That's the key."
In this method, the pipeline goes down for a distance, "turns a corner," and goes under the stone, Henry explained.
This type of drilling uses "millions of gallons of water per day. Sometimes it will be as much as 275,000 gallons," Henry added.
With such large quantities to be disposed of, Henry said it is more important than ever that the Railroad Commission check all drilling permit applications thoroughly, a practice he claims is not currently followed.
"This rubber-stamping has to stop," he said.
Use of environmentally safe drilling practices are especially important to this area because of Caddo Lake, Henry said.
"I've done hands-on work for the Railroad Commission in Caddo — the plugging of abandoned wells. Ninety percent of those I plugged had not be plugged by Railroad Commission rules and regulations the first time around.
"I will make protecting our water a priority for the Texas Railroad Commission," Henry said in a promotional brochure.
"In dry West Texas, the ranchers have to work hard at salvaging water to grow grass with which to feed cattle and produce beef. At the ranch my wife and I have operated for years, we cut the number of production acres needed per cow and calf from 25 acres to 2.5 acres by getting our water to the right place.
"Water's my passion. I know how to do it," Henry said.
"I'm not a politician and I shouldn't have to be involved in this, but the oil and gas companies are polluting our water, soil, and air, and the Railroad Commission simply turns its back and lets it happen.
"Instead of regulating these industries, the three commissioners are raking in campaign contributions from their executives and political action committees and are burying their heads in the sand.
"It's time for change," Henry said. "I need to bring the knowledge I have back to the people, if they'd like me to share it.
"I can do the job. I want the job.
"The petroleum industry is a great benefit to our state's economy, but that should not come at the expense of our environment or our fresh water supply," he said.
Read more in the Marshall News Messenger
It's all about water, said Dale Henry, Democratic candidate for Texas Railroad Commission.
"My campaign is important for one reason," Henry said, "and that is because the state of Texas is running out of water. It is an abused natural resource and the Railroad Commission has done nothing about it for the past 106 years."
If he is elected in this, his third bid for the seat, Henry said he will be the first commissioner with hands-on experience in oil and gas exploration, the industry for which the commission provides oversight.
Henry faces Art Hall and Mark Thompson in the March 4 Democratic Primary. If he is the party nominee, Henry will face Republican incumbent Michael Williams in the November general election.
A resident of Lampasas, 50 miles west of Austin, and a graduate of University of Texas, Henry is a retired employee of Schlumber J company, having worked in the oil fields of Iraq, Iran, Saudi Arabia and the Persian Gulf.
"I spent a number of years in research and development and I hold several fracturing patents," Henry said.
"I've been out there and seen it all," he added.
While many people may not stop to think about it that way, Henry pointed out that oil and gas drilling operations have a tremendous impact on ground water.
"Oil and gas activity inherently produces a lot of water," Henry said. "Water is what is used to bring it to the surface, but on its way, the water accumulates contaminated materials."
A common disposal method for the liquid is "to put it back in the ground."
Henry said he learned of a DeBerry preacher whose church hasn't had water in a number of years. "One well was drilled too close to his church and all the wells in the area are contaminated with salt water. You can drill a hundred good ones, but it takes just one bad well to create a whole bunch of problems," Henry said.
Good drilling practices are particularly important at this point in time because so many production companies are now using a horizontal approach.
"There's an area called the Barnett Shale," Henry said. "It is a very thick layer of stone and breaking through it has never made the effort worthwhile until horizontal drilling. That's the key."
In this method, the pipeline goes down for a distance, "turns a corner," and goes under the stone, Henry explained.
This type of drilling uses "millions of gallons of water per day. Sometimes it will be as much as 275,000 gallons," Henry added.
With such large quantities to be disposed of, Henry said it is more important than ever that the Railroad Commission check all drilling permit applications thoroughly, a practice he claims is not currently followed.
"This rubber-stamping has to stop," he said.
Use of environmentally safe drilling practices are especially important to this area because of Caddo Lake, Henry said.
"I've done hands-on work for the Railroad Commission in Caddo — the plugging of abandoned wells. Ninety percent of those I plugged had not be plugged by Railroad Commission rules and regulations the first time around.
"I will make protecting our water a priority for the Texas Railroad Commission," Henry said in a promotional brochure.
"In dry West Texas, the ranchers have to work hard at salvaging water to grow grass with which to feed cattle and produce beef. At the ranch my wife and I have operated for years, we cut the number of production acres needed per cow and calf from 25 acres to 2.5 acres by getting our water to the right place.
"Water's my passion. I know how to do it," Henry said.
"I'm not a politician and I shouldn't have to be involved in this, but the oil and gas companies are polluting our water, soil, and air, and the Railroad Commission simply turns its back and lets it happen.
"Instead of regulating these industries, the three commissioners are raking in campaign contributions from their executives and political action committees and are burying their heads in the sand.
"It's time for change," Henry said. "I need to bring the knowledge I have back to the people, if they'd like me to share it.
"I can do the job. I want the job.
"The petroleum industry is a great benefit to our state's economy, but that should not come at the expense of our environment or our fresh water supply," he said.
Read more in the Marshall News Messenger
Friday, December 7, 2007
Railroad Commission overruled by 3rd Texas Court of Appeals
By Faith Chatham - DFWRCC - Dec. 7, 2007
Senator Estes and the Texas Railroad Commission are under fire for lax regulation and oversight. After confrontrations at a Town Hall Meeting with citizens who were dissatisfied with the oversight of the Natural Resource Committee in protecting water from contamination injection wells in Wise County, Senator Craig Estes wrote: I am concerned by reports that the Railroad Commission may have been too lax in its oversight of the oil and gas industry, and enforcement of the rules and regulations. It is my intention to share these concerns brought by my constituents to the Chairman of the Senate Natural Resources Committee with my recommendations that these concerns be throughly reviewed by this committee."
See TxSharon's diary on Texas Kaos.
Lax regulation by the Texas Railroad Commission has dominated the news in the Dallas Fort Worth Metroplex for weeks. Investigative WFAA Reporter Brett Shipps has hammered away at the failure of the Railroad Commission to force removal of dangerous compression couplings by Atmos Energy. The death of a couple in Wylie, Texas when their home exploded despite numerous reports by neighbors to the gas company of gas leaks has spurred public outcry against decisions by the Railroad Commission which allowed TXU and later ATMOS Energy to keep over a hundred thousand compression couplings in the ground and at gas meters in North Texas for years after other states (such as Missouri) demanded their removal. Recently the Railroad Commission has announced that they are requiring that compression couplings be replaced, however, despite their claim that it had nothing to do with the series of reports by Brett Shipps, most North Texans credit public pressure and the news coverage for the decision rather than due diligence on the part of the Railroad Commission.
While under scrunity by persistent bloggers like TXSharon and investigative television reporters such as Brett Shipps, the Railroad Commission also has taken a few "lumps" in court.
Wise County activists (Texas Citizens for a Safe Future and Clean Water) appealed the ruling of the Railroad Commission in permitting Pioneer Exploration, Ltd> to operate a commercial injection well to dispose of oil and gas waste. The Texas Third District Court of Appeals in Travis County overruled the Railroad Commission and found that:
The court found that:
Part of the case:
The court did not uphold Pioneer's and the Railroad Commissions argument:
Instead the court stated:
The court went back to the orignial intention of the Legislature and ruled that the Railroad Commission has:
The Court ruled against The Railroad Commissioners ruling. In the permitting process the Railroad Commission stated:
The court found that:
The Court cited the The PFD in which the Railroad Commission explicitly stated:
The Court ruled that
The Court finding states:
Also:
The Railroad Commission argued that they do not have authority to regulate public safety issues. However, the Court found that by requiring that security be at the site 24-7 and there be a locked fence and gate for public safety, they do in fact regulate public safety.
The court found that the Railroad Commission abused its discretion by limiting its public interest determination.
The Court overturned the ruling of the Railroad Commission:
Senator Estes and the Texas Railroad Commission are under fire for lax regulation and oversight. After confrontrations at a Town Hall Meeting with citizens who were dissatisfied with the oversight of the Natural Resource Committee in protecting water from contamination injection wells in Wise County, Senator Craig Estes wrote: I am concerned by reports that the Railroad Commission may have been too lax in its oversight of the oil and gas industry, and enforcement of the rules and regulations. It is my intention to share these concerns brought by my constituents to the Chairman of the Senate Natural Resources Committee with my recommendations that these concerns be throughly reviewed by this committee."
See TxSharon's diary on Texas Kaos.
Lax regulation by the Texas Railroad Commission has dominated the news in the Dallas Fort Worth Metroplex for weeks. Investigative WFAA Reporter Brett Shipps has hammered away at the failure of the Railroad Commission to force removal of dangerous compression couplings by Atmos Energy. The death of a couple in Wylie, Texas when their home exploded despite numerous reports by neighbors to the gas company of gas leaks has spurred public outcry against decisions by the Railroad Commission which allowed TXU and later ATMOS Energy to keep over a hundred thousand compression couplings in the ground and at gas meters in North Texas for years after other states (such as Missouri) demanded their removal. Recently the Railroad Commission has announced that they are requiring that compression couplings be replaced, however, despite their claim that it had nothing to do with the series of reports by Brett Shipps, most North Texans credit public pressure and the news coverage for the decision rather than due diligence on the part of the Railroad Commission.
While under scrunity by persistent bloggers like TXSharon and investigative television reporters such as Brett Shipps, the Railroad Commission also has taken a few "lumps" in court.
Wise County activists (Texas Citizens for a Safe Future and Clean Water) appealed the ruling of the Railroad Commission in permitting Pioneer Exploration, Ltd> to operate a commercial injection well to dispose of oil and gas waste. The Texas Third District Court of Appeals in Travis County overruled the Railroad Commission and found that:
The court found that:
the Commission did interpret "the public interest" too narrowly and therefore failed to adequately consider additional factors that may affect the public interest. We remand this case to the Commission for a reconsideration of the permit under a broader interpretation of "the public interest."
Part of the case:
Before issuing an injection well permit, the Commission must make a finding "that the use or installation of the injection well is in the public interest." Tex. Water Code Ann. § 27.051(b)(1) (West Supp. 2006). In its second issue, Texas Citizens argues that the Commission took too narrow a view of "the public interest" by focusing only on the increased recovery of oil and gas and disregarding the public interest concerns presented by Texas Citizens.
At the May hearing, Texas Citizens offered testimony and evidence that they alleged related to the public interest. Texas Citizens' primary concern was a public-safety issue regarding the fact that trucks hauling saltwater waste would frequently be accessing the well site using narrow, unpaved roads. Wefelmeyer testified that the proposed disposal well could operate 24 hours a day, 7 days a week, with 20 to 50 hauling trucks--each carrying up to 100 barrels of saltwater waste--accessing the site each day. Texas Citizens took the position that because the dirt roads contained blind curves and were often used by children and pedestrians, the presence of a large number of trucks hauling between 2,000 and 5,000 barrels of saltwater waste a day would create a public-safety issue.
The court did not uphold Pioneer's and the Railroad Commissions argument:
Pioneer and the Commission argue that the factor considered in granting Pioneer's application--the increased capacity for oil and gas production in Texas--is an appropriate factor for making a public interest finding and that, while the hearing examiners did in fact hear and consider evidence on Texas Citizens' traffic-related concerns, these types of issues were not within the Commission's jurisdiction and could not be considered.
Instead the court stated:
There is no controlling precedent interpreting what considerations the Commission may weigh when determining whether a proposed injection well is in the public interest under Texas Water Code § 27.051(b)(1). Administrative agencies have wide discretion in determining what factors to consider when deciding whether the public interest is served. See Public Util. Comm'n of Texas v. Texas Tel. Assoc., 163 S.W.3d 204, 213 (Tex. App.--Austin 2005, no pet.). "An agency abuses its discretion in reaching a decision if it omits from its consideration factors that the legislature intended the agency to consider, includes in its consideration irrelevant factors, or reaches a completely unreasonable result after weighing only relevant factors." Hinkley v. Texas State Bd. of Med. Examiners, 140 S.W.3d 737, 743 (Tex. App.--Austin 2004, pet. denied).
The court went back to the orignial intention of the Legislature and ruled that the Railroad Commission has:
abused its "discretion" by not weighing safety factors which the Legislature intended to be weighed and/or by "reaching unreasonable results after weighing reasonable factors!"
The Court ruled against The Railroad Commissioners ruling. In the permitting process the Railroad Commission stated:
is in the public interest to safely produce hydrocarbon reserves in order to meet market demand. . . . The production of hydrocarbons for use by the people of Texas and industry serves the public interest. Production from the Barnett Shale is obtained by fracing with large volumes of water and the frac water must then be recovered and disposed of. The safe and proper disposal of produced saltwater in disposal wells such as the one proposed by Pioneer meets this need and thereby serves the public interest. . . It is in the public's interest to encourage the safe drilling and completion of more wells for the production of oil and gas.
The court found that:
While relying solely on the increased production of oil and gas to indicate that Pioneer's well would be in the public interest, the hearing examiners declined to consider Texas Citizens' public-safety concerns, determining that traffic issues do not come within the Commission's jurisdiction.
The Court cited the The PFD in which the Railroad Commission explicitly stated:
The Commission does not have jurisdiction to regulate truck traffic on the state's roads and highways. The examiners sympathize with the Protestants' concerns about property values and other quality of life issues, but conclude that Pioneer has met its burden of proof on the statutory issues the Commission is required to consider, including the public interest issue.
The Court examined presecent and Legislative Intent in regard to public roadways and public safety hazards in location of injection wells. It overruled the finding of the Railroad Commission that public roadway hazards were not to be considered.
The Court ruled that
Because the Commission believed it could only review the effect on oil and gas production in making a public interest determination on Pioneer's permit, we hold that the Commission abused its discretion in failing to consider other factors in determining whether the permit would be in "the public interest" under Texas Water Code § 27.051(b)(1). While the legislature did not specify which factors should be considered, the scope of "the public interest" must be broader than the effect on oil and gas production. Such a narrow interpretation of "the public interest" could potentially allow the Commission to rubber stamp injection well permit applications despite legitimate public safety concerns, which the legislature, in passing § 27.051(b) and requiring that the effect on the public interest be considered, clearly did not intend.
The Court finding states:
the Commission continues to argue in its post-submission brief, as it did at oral argument and in its initial brief, that traffic-related concerns are not within the jurisdiction of the Commission and therefore should not be considered in public interest determinations. (6) The Commission's position taken on appeal and the statements made by the hearing examiners in the PFD provide sufficient evidence that Texas Citizens' traffic concerns were not considered as part of the public interest analysis.
Also:
Furthermore, the Commission argues that it cannot consider the effect of increased truck traffic on rural roads because regulating road-safety issues is solely within the jurisdiction of other governmental agencies. However, practically all matters of public safety are regulated by some governmental agency. If the Commission is foreclosed from considering any matter that falls within the jurisdiction of another governmental agency when making public interest determinations, then the Commission's realm of inquiry is essentially limited to reviewing a proposed injection well's effect on oil and gas production. Such a limited scope of review cannot have been the legislature's intent in giving the Commission the broad mandate found in Texas Water Code § 27.051(b) to consider "the public interest." The Commission does not need the authority to regulate road safety issues in order to determine whether the development of an injection well will create traffic-related problems of such magnitude that the harm to the public outweighs the benefit of increased oil and gas production. The Commission is not being asked to regulate road safety, but merely to consider potential threats to public safety before issuing an injection-well permit.
The Railroad Commission argued that they do not have authority to regulate public safety issues. However, the Court found that by requiring that security be at the site 24-7 and there be a locked fence and gate for public safety, they do in fact regulate public safety.
In addition to the power to deny applications that are not in the public interest, the Commission may also resolve public-safety issues by regulating the activities of the injection well itself. The Commission's final order places a number of "special conditions" and "standard conditions" on the proposed injection well. Standard condition number 12(e) states, "Prior to beginning operation, the facility shall have security to prevent unauthorized access. Access shall be secured by a 24-hour attendant, a fence and locked gate when unattended, or a key-controlled access system." This condition placed on Pioneer's permit requiring the maintenance of sufficient security to prevent unauthorized access suggests that the Commission has exercised authority to regulate the operations of the injection well in order to ensure public safety. Similarly, the Commission may be able to conserve natural resources, while also addressing any relevant public-safety concerns, by taking steps such as regulating the number of trucks accessing the well, limiting the hours of operation, or requiring the use of alternative access routes to the well. When reconsidering the public interest finding on remand, the Commission might also consider whether any possible conditions may be applied to the injection well to alleviate relevant public-safety concerns.
The court found that the Railroad Commission abused its discretion by limiting its public interest determination.
While administrative agencies have wide discretion in determining what factors to consider when deciding whether the public interest is served, we hold that the Commission abused its discretion by limiting its public interest determination to the conservation of natural resources. We remand to the Commission to reconsider its public interest determination, using a broader definition of "the public interest," which includes public-safety concerns where evidence of such concerns has been presented.
The Court overturned the ruling of the Railroad Commission:
because the Commission relied on an improperly narrow definition of "the public interest" in granting Pioneer's application, we reverse the district court's judgment affirming the Commission's final order and remand to the Commission for further proceedings consistent with this opinion.
Sunday, November 4, 2007
State's decision on gas blast questioned
By BRETT SHIPP - WFAA-TV NEWS 8 INVESTIGATES - Oct. 22, 2007
The safety of many North Texans was called into question last week during a News 8 investigation into a deadly natural gas explosion in Wylie last year.
As a result, the state agency that oversees pipeline safety in Texas is under increasing scrutiny for allowing 100,000 potentially deadly pipe fittings to remain in the ground.
One year after a natural gas explosion killed Benny and Martha Cryer of Wylie, the Texas Railroad Commission is taking some action to ensure that some of the potentially deadly couplings are removed.
Now there is new evidence that the Texas Railroad Commissioners may have suddenly backed off a proposal last spring to force Atmos to remove the dangerous couplings.
In Ramsey, Minnesota, three people were killed and one injured on December 28, 2004, which was when a natural gas pipe pulled out of its coupling, leaked gas and sparked an explosion. It was the same style of coupling that federal regulators and industry experts had warned for two decades posed a deadly potential for pullout.
The Minnesota Office of Pipeline Safety conducted an exhaustive and detailed investigation including a forensic examination of the failed coupling and determined the pipe "pull-out occurred" because of "thermal contraction of the soil."
The response was swift. The fittings were deemed dangerous and state pipeline officials ordered nearly 30,000 of them immediately pulled from the ground, which cost the gas company nearly $40 million.
Fast forward to October 16, 2006 in Wylie. Benny and Martha Cryer were killed when an Atmos pipe pulled out of its compression coupling, leaked gas and caused an explosion.
The Texas Railroad Commission, which regulates the pipeline industry, conducted the investigation.
Its preliminary finding stated that a line that separated from a compression coupling "possibly due to shifting of soil" and "natural ground movement."
Just as was the case in Minnesota, a recommendation was drafted, which was dated April 25, 2007, from Safety Director Mary McDaniel directing gas companies in Texas to establish a "replacement program to phase out" the questionable couplings.
However, that memo was never sent.
Another memo, also dated April 25 from Mary McDaniel, was greatly modified. The demand for a "coupling phase out" was gone and replaced with a request for information regarding the "installation, maintenance and leak history" of the compression couplings.
McDaniel denied a "phase out" was ever considered.
So, the potentially deadly couplings, an estimated 100,000 of them, remain in the soil while the Railroad Commission conducts a survey.
At a recent meeting in Austin, Commissioner Elizabeth A. Jones congratulated McDaniel for her fine work.
"You all are doing such a great job in getting so deep into this study," she said. "I really appreciate it."
Then amid mounting questions from News 8, Commissioners ordered gas companies to "repair or replace" the dangerous couplings if they are leaking or discovered during routine excavations.
Instead of ordering the couplings removed as in Minnesota, Railroad Commissioners have opted to study them and revisit the issue in January.
"We are taking every effort we can to make sure that we can provide to people in this state the safest natural gas transporting system in the country," said Commission Chairman Michael L. Williams when asked if he thought it would be possible someone could die before the compression coupling leaks are discovered.
"This order would not have saved Benny and Martha Cryer's lives," said Bruce Scrafford, an Austin attorney who represents the Cryer family in a lawsuit against Atmos Energy.
He called the Railroad Commission directive meaningless, mainly because federal safety regulations already say "each segment of pipeline that becomes unsafe must be replaced or removed from service."
Scrafford said Railroad Commissioners are, in effect, doing nothing.
"The Railroad Commission has not done anything to follow up, to make sure that they take those couplings out of the ground in applications where they are not appropriate and where they are unsafe and where more people are going to die if they don't do something to fix this problem," he said.
So, why isn't Atmos aggressively removing the 100,000 non-restraint couplings still in their system? That question was recently posed to an Atmos engineer in a videotaped deposition.
"I don't know," said the engineer when asked if he thought there was any other reason besides cost that Atmos would not replace the fittings.
Atmos Energy's official position is another utility disrupted their gas pipes causing the Wylie explosion. Atmos officials also said that they are complying with the Railroad Commission's directive and insist their pipeline system is safe.
Atmos officials also once assured Wylie residents who reported smelling gas hat everything was fine.
"In some cases, there was no leak found," said Rand Lavon, an Atmos spokesperson. "In other cases, it might have been something inside the home like a hot water heater."
But everything in that Wylie neighborhood was not fine. A compression coupling with s deadly reputation failed, killing Benny and Martha Cryer. It was a style of coupling too dangerous for Minnesota, but not the state of Texas.
In response to News 8 reports, Atmos officials have released a statement. They said safety and reliability are their highest priorities and that they welcome any discussion about safety and maintaining their natural gas system.
More importantly, they ask anyone who may smell gas to contact Atmos.
And for those who live in an older home and have a meter that looks unattended to, contact Atmos and tell them you want your system checked for bad couplings.
Read more on WFAA
The safety of many North Texans was called into question last week during a News 8 investigation into a deadly natural gas explosion in Wylie last year.
As a result, the state agency that oversees pipeline safety in Texas is under increasing scrutiny for allowing 100,000 potentially deadly pipe fittings to remain in the ground.
One year after a natural gas explosion killed Benny and Martha Cryer of Wylie, the Texas Railroad Commission is taking some action to ensure that some of the potentially deadly couplings are removed.
Now there is new evidence that the Texas Railroad Commissioners may have suddenly backed off a proposal last spring to force Atmos to remove the dangerous couplings.
In Ramsey, Minnesota, three people were killed and one injured on December 28, 2004, which was when a natural gas pipe pulled out of its coupling, leaked gas and sparked an explosion. It was the same style of coupling that federal regulators and industry experts had warned for two decades posed a deadly potential for pullout.
The Minnesota Office of Pipeline Safety conducted an exhaustive and detailed investigation including a forensic examination of the failed coupling and determined the pipe "pull-out occurred" because of "thermal contraction of the soil."
The response was swift. The fittings were deemed dangerous and state pipeline officials ordered nearly 30,000 of them immediately pulled from the ground, which cost the gas company nearly $40 million.
Fast forward to October 16, 2006 in Wylie. Benny and Martha Cryer were killed when an Atmos pipe pulled out of its compression coupling, leaked gas and caused an explosion.
The Texas Railroad Commission, which regulates the pipeline industry, conducted the investigation.
Its preliminary finding stated that a line that separated from a compression coupling "possibly due to shifting of soil" and "natural ground movement."
Just as was the case in Minnesota, a recommendation was drafted, which was dated April 25, 2007, from Safety Director Mary McDaniel directing gas companies in Texas to establish a "replacement program to phase out" the questionable couplings.
However, that memo was never sent.
Another memo, also dated April 25 from Mary McDaniel, was greatly modified. The demand for a "coupling phase out" was gone and replaced with a request for information regarding the "installation, maintenance and leak history" of the compression couplings.
McDaniel denied a "phase out" was ever considered.
So, the potentially deadly couplings, an estimated 100,000 of them, remain in the soil while the Railroad Commission conducts a survey.
At a recent meeting in Austin, Commissioner Elizabeth A. Jones congratulated McDaniel for her fine work.
"You all are doing such a great job in getting so deep into this study," she said. "I really appreciate it."
Then amid mounting questions from News 8, Commissioners ordered gas companies to "repair or replace" the dangerous couplings if they are leaking or discovered during routine excavations.
Instead of ordering the couplings removed as in Minnesota, Railroad Commissioners have opted to study them and revisit the issue in January.
"We are taking every effort we can to make sure that we can provide to people in this state the safest natural gas transporting system in the country," said Commission Chairman Michael L. Williams when asked if he thought it would be possible someone could die before the compression coupling leaks are discovered.
"This order would not have saved Benny and Martha Cryer's lives," said Bruce Scrafford, an Austin attorney who represents the Cryer family in a lawsuit against Atmos Energy.
He called the Railroad Commission directive meaningless, mainly because federal safety regulations already say "each segment of pipeline that becomes unsafe must be replaced or removed from service."
Scrafford said Railroad Commissioners are, in effect, doing nothing.
"The Railroad Commission has not done anything to follow up, to make sure that they take those couplings out of the ground in applications where they are not appropriate and where they are unsafe and where more people are going to die if they don't do something to fix this problem," he said.
So, why isn't Atmos aggressively removing the 100,000 non-restraint couplings still in their system? That question was recently posed to an Atmos engineer in a videotaped deposition.
"I don't know," said the engineer when asked if he thought there was any other reason besides cost that Atmos would not replace the fittings.
Atmos Energy's official position is another utility disrupted their gas pipes causing the Wylie explosion. Atmos officials also said that they are complying with the Railroad Commission's directive and insist their pipeline system is safe.
Atmos officials also once assured Wylie residents who reported smelling gas hat everything was fine.
"In some cases, there was no leak found," said Rand Lavon, an Atmos spokesperson. "In other cases, it might have been something inside the home like a hot water heater."
But everything in that Wylie neighborhood was not fine. A compression coupling with s deadly reputation failed, killing Benny and Martha Cryer. It was a style of coupling too dangerous for Minnesota, but not the state of Texas.
In response to News 8 reports, Atmos officials have released a statement. They said safety and reliability are their highest priorities and that they welcome any discussion about safety and maintaining their natural gas system.
More importantly, they ask anyone who may smell gas to contact Atmos.
And for those who live in an older home and have a meter that looks unattended to, contact Atmos and tell them you want your system checked for bad couplings.
Read more on WFAA
Gas leak discrepancies spark concern - Atmos has thousands more identified gas leaks than it repairs
By BRETT SHIPP - WFAA-TV NEWS 8 INVESTIGATES - Oct. 26, 2007
Part IV
A top official from Atmos Energy is on the record saying that all natural gas leaks are serious and possibly deadly; but at the same time, Atmos Energy says the vast majority of their leaks can go months or longer without being repaired.
That policy has Cindy Graham of Richardson concerned. She described the experience of smelling leaking natural gas just outside of her home this summer.
"It was like walking into a wall of natural gas," she said. "It made me ill."
Graham said her immediate response was to call Atmos. When Atmos came out and found the leak next door, she said, they told her it would not be repaired because it was not a threat.
"He said he found the leak but it's just going up into the air, but that it was not going to harm anyone," she said.
Coral Watkins, of Wylie, said she and her neighbors were also told for years not to worry about gas they smelled in their older neighborhood.
"We had called and called and called about gas leaks, gas smells and bubbling everywhere and [Atmos said] there's nothing wrong," she said.
But one of those leaks turned deadly when gas found its way under the Wylie home of Benny and Martha Cryer, who were both killed when the gas exploded last October.
In the days following that explosion, Atmos discovered 24 active leaks within a few blocks in the same neighborhood. The leaks may have been something they knew already existed. Any one of which, according to one top Atmos official, who while being deposed recently for a lawsuit, said all leaks are dangerous.
"I believe anytime you have an escape of natural gas you have the potential of a serious situation that could cause serious damage or even death," said Scott Powell, Atmos Vice President.
What's the danger to North Texans? Atmos reported having more than 16,000 leaks in its North and Mid-Texas system in 2006. They said on any given day, they have roughly 6,700 active leaks.
According to Atmos, only five percent or their leaks, the really bad ones, are repaired immediately. Those are called grade one leaks. Grade two leaks, about 33 percent, are medium priority and get monitored monthly until they're repaired. Grade three and four leaks, about 61 percent, are low priority and may not get repaired for months.
Graham's fear is that right next door is one of those grade three or four leaks, which according to Atmos, is both potentially dangerous, yet not a threat to public safety.
"I don't know what these people are thinking," she said. "I don't know how they can come to your door and look you straight in the face and tell you it's not an issue when obviously it's an issue."
Read more on WFAA
Part IV
A top official from Atmos Energy is on the record saying that all natural gas leaks are serious and possibly deadly; but at the same time, Atmos Energy says the vast majority of their leaks can go months or longer without being repaired.
That policy has Cindy Graham of Richardson concerned. She described the experience of smelling leaking natural gas just outside of her home this summer.
"It was like walking into a wall of natural gas," she said. "It made me ill."
Graham said her immediate response was to call Atmos. When Atmos came out and found the leak next door, she said, they told her it would not be repaired because it was not a threat.
"He said he found the leak but it's just going up into the air, but that it was not going to harm anyone," she said.
Coral Watkins, of Wylie, said she and her neighbors were also told for years not to worry about gas they smelled in their older neighborhood.
"We had called and called and called about gas leaks, gas smells and bubbling everywhere and [Atmos said] there's nothing wrong," she said.
But one of those leaks turned deadly when gas found its way under the Wylie home of Benny and Martha Cryer, who were both killed when the gas exploded last October.
In the days following that explosion, Atmos discovered 24 active leaks within a few blocks in the same neighborhood. The leaks may have been something they knew already existed. Any one of which, according to one top Atmos official, who while being deposed recently for a lawsuit, said all leaks are dangerous.
"I believe anytime you have an escape of natural gas you have the potential of a serious situation that could cause serious damage or even death," said Scott Powell, Atmos Vice President.
What's the danger to North Texans? Atmos reported having more than 16,000 leaks in its North and Mid-Texas system in 2006. They said on any given day, they have roughly 6,700 active leaks.
According to Atmos, only five percent or their leaks, the really bad ones, are repaired immediately. Those are called grade one leaks. Grade two leaks, about 33 percent, are medium priority and get monitored monthly until they're repaired. Grade three and four leaks, about 61 percent, are low priority and may not get repaired for months.
Graham's fear is that right next door is one of those grade three or four leaks, which according to Atmos, is both potentially dangerous, yet not a threat to public safety.
"I don't know what these people are thinking," she said. "I don't know how they can come to your door and look you straight in the face and tell you it's not an issue when obviously it's an issue."
Read more on WFAA
Saturday, October 27, 2007
Railroad Commission maintains some key turf
By CLAY ROBISON - Copyright 2007 Houston Chronicle - Oct. 14, 2007
AUSTIN — Although the last train chugged out of the Texas Railroad Commission's regulatory station long ago, the panel still occupies some prominent turf on the state's political landscape.
Its main function, of course, is to provide oversight of the oil and natural gas industry, but it also can be a staging and money-raising arena for restless politicians waiting for a shot at higher office.
Quite naturally in the money-driven world of Texas politics, the three commissioners (the regulators) get much of their campaign funding from oil and gas interests (the regulated), a long-standing tradition that the Republicans in power inherited from their Democratic predecessors.
In preparation for his re-election race, Michael Williams, the only commissioner and one of only a handful of state officials on the ballot next year, raised $322,045 during the last 11 days in June, his first opportunity following the ban on raising money during last spring's legislative session.
More than 70 percent of the money came from oil and gas executives, employees or political action committees or from law firms representing oil and gas interests.
And you can bet that in the upcoming 12 months before the 2008 general election, the foxes will shower Williams' share of the regulatory henhouse with much more moola.
"I make my decisions based on the record (of each case)," Williams said.
That may be, but the perception of a monied, insider coziness at the commission will remain as long as the industry's generosity continues and there aren't any legal limits on donations.
The last commissioner to spring into a higher, elected office was Carole Keeton Strayhorn (she was known as Rylander then), who was elected comptroller in the middle of a Railroad Commission term in 1998.
Williams, who succeeded Strayhorn in 1999, already is eyeing 2010. That's when Gov. Rick Perry's anticipated departure — depending on who runs to succeed him — could open up a U.S. Senate seat, the lieutenant governor's office or the attorney general's post.
Williams could run for any of the above without having to resign his commission seat, if he wins a new six-year term next year.
A Texas rarity
The Republican lock on statewide offices and his strong financial support from the oil and gas industry favor Williams' re-election, although his race could be affected by the presidential and U.S. Senate races at the top of the ballot.
Two Democrats — former San Antonio City Councilman Art Hall and retired petroleum engineer Dale Henry of Lampasas — already are running for the post.
Henry has lost two previous, underfunded Railroad Commission races.
Hall has enlisted former San Antonio Mayor Henry Cisneros and former Land Commissioner Garry Mauro as honorary campaign co-chairmen and apparently has some ambitious fundraising plans.
It will be his first statewide campaign.
Although not unprecedented, a Williams-Hall race would be a rarity in Texas politics — a statewide race between two black candidates.
"I am heartened by the fact that a young brother is interested in presenting himself to the people of Texas. If he wins the nomination, it could make for an interesting conversation among Texans," said Williams, 54. Hall is 36.
Potential conflict?
Hall's wife, Stephanie, is a lawyer for Valero Energy Corp.
Hall said that wouldn't pose a conflict because she doesn't practice before the Railroad Commission. But it's a small world.
The Valero political action committee has given Williams $21,000 during his tenure on the commission, including $10,000 in June. And guess who is among the hundreds of Valero employees contributing to the PAC?
Stephanie Hall.
Preserving the name
Since the Texas Railroad Commission no longer regulates railroads — the Legislature transferred the last of its rail safety oversight to the Texas Department of Transportation two years ago — commissioners have lobbied for a name change.
So far, the Legislature has resisted, perhaps out of nostalgia.
But there is another way to preserve the name, and, in the eyes of criminal defense lawyers, a worthy candidate.
Given the continuing controversy over Texas' record in death penalty cases, some lawyers believe "railroad" belongs on the letterhead of the Court of Criminal Appeals.
Read more in the Houston Chronicle
AUSTIN — Although the last train chugged out of the Texas Railroad Commission's regulatory station long ago, the panel still occupies some prominent turf on the state's political landscape.
Its main function, of course, is to provide oversight of the oil and natural gas industry, but it also can be a staging and money-raising arena for restless politicians waiting for a shot at higher office.
Quite naturally in the money-driven world of Texas politics, the three commissioners (the regulators) get much of their campaign funding from oil and gas interests (the regulated), a long-standing tradition that the Republicans in power inherited from their Democratic predecessors.
In preparation for his re-election race, Michael Williams, the only commissioner and one of only a handful of state officials on the ballot next year, raised $322,045 during the last 11 days in June, his first opportunity following the ban on raising money during last spring's legislative session.
More than 70 percent of the money came from oil and gas executives, employees or political action committees or from law firms representing oil and gas interests.
And you can bet that in the upcoming 12 months before the 2008 general election, the foxes will shower Williams' share of the regulatory henhouse with much more moola.
"I make my decisions based on the record (of each case)," Williams said.
That may be, but the perception of a monied, insider coziness at the commission will remain as long as the industry's generosity continues and there aren't any legal limits on donations.
The last commissioner to spring into a higher, elected office was Carole Keeton Strayhorn (she was known as Rylander then), who was elected comptroller in the middle of a Railroad Commission term in 1998.
Williams, who succeeded Strayhorn in 1999, already is eyeing 2010. That's when Gov. Rick Perry's anticipated departure — depending on who runs to succeed him — could open up a U.S. Senate seat, the lieutenant governor's office or the attorney general's post.
Williams could run for any of the above without having to resign his commission seat, if he wins a new six-year term next year.
A Texas rarity
The Republican lock on statewide offices and his strong financial support from the oil and gas industry favor Williams' re-election, although his race could be affected by the presidential and U.S. Senate races at the top of the ballot.
Two Democrats — former San Antonio City Councilman Art Hall and retired petroleum engineer Dale Henry of Lampasas — already are running for the post.
Henry has lost two previous, underfunded Railroad Commission races.
Hall has enlisted former San Antonio Mayor Henry Cisneros and former Land Commissioner Garry Mauro as honorary campaign co-chairmen and apparently has some ambitious fundraising plans.
It will be his first statewide campaign.
Although not unprecedented, a Williams-Hall race would be a rarity in Texas politics — a statewide race between two black candidates.
"I am heartened by the fact that a young brother is interested in presenting himself to the people of Texas. If he wins the nomination, it could make for an interesting conversation among Texans," said Williams, 54. Hall is 36.
Potential conflict?
Hall's wife, Stephanie, is a lawyer for Valero Energy Corp.
Hall said that wouldn't pose a conflict because she doesn't practice before the Railroad Commission. But it's a small world.
The Valero political action committee has given Williams $21,000 during his tenure on the commission, including $10,000 in June. And guess who is among the hundreds of Valero employees contributing to the PAC?
Stephanie Hall.
Preserving the name
Since the Texas Railroad Commission no longer regulates railroads — the Legislature transferred the last of its rail safety oversight to the Texas Department of Transportation two years ago — commissioners have lobbied for a name change.
So far, the Legislature has resisted, perhaps out of nostalgia.
But there is another way to preserve the name, and, in the eyes of criminal defense lawyers, a worthy candidate.
Given the continuing controversy over Texas' record in death penalty cases, some lawyers believe "railroad" belongs on the letterhead of the Court of Criminal Appeals.
Read more in the Houston Chronicle
Monday, October 22, 2007
State's decision on gas blast questioned
By BRETT SHIPP - WFAA-TV - NEWS 8 Investigates - Part III Oct. 22, 2007
The safety of many North Texans was called into question last week during a News 8 investigation into a deadly natural gas explosion in Wylie last year.
As a result, the state agency that oversees pipeline safety in Texas is under increasing scrutiny for allowing 100,000 potentially deadly pipe fittings to remain in the ground.
One year after a natural gas explosion killed Benny and Martha Cryer of Wylie, the Texas Railroad Commission is taking some action to ensure that some of the potentially deadly couplings are removed.
Now there is new evidence that the Texas Railroad Commissioners may have suddenly backed off a proposal last spring to force Atmos to remove the dangerous couplings.
In Ramsey, Minnesota, three people were killed and one injured on December 28, 2004, which was when a natural gas pipe pulled out of its coupling, leaked gas and sparked an explosion. It was the same style of coupling that federal regulators and industry experts had warned for two decades posed a deadly potential for pullout.
The Minnesota Office of Pipeline Safety conducted an exhaustive and detailed investigation including a forensic examination of the failed coupling and determined the pipe "pull-out occurred" because of "thermal contraction of the soil."
The response was swift. The fittings were deemed dangerous and state pipeline officials ordered nearly 30,000 of them immediately pulled from the ground, which cost the gas company nearly $40 million.
Fast forward to October 16, 2006 in Wylie. Benny and Martha Cryer were killed when an Atmos pipe pulled out of its compression coupling, leaked gas and caused an explosion.
The Texas Railroad Commission, which regulates the pipeline industry, conducted the investigation.
Its preliminary finding stated that a line that separated from a compression coupling "possibly due to shifting of soil" and "natural ground movement."
Just as was the case in Minnesota, a recommendation was drafted, which was dated April 25, 2007, from Safety Director Mary McDaniel directing gas companies in Texas to establish a "replacement program to phase out" the questionable couplings.
However, that memo was never sent.
Another memo, also dated April 25 from Mary McDaniel, was greatly modified. The demand for a "coupling phase out" was gone and replaced with a request for information regarding the "installation, maintenance and leak history" of the compression couplings.
McDaniel denied a "phase out" was ever considered.
So, the potentially deadly couplings, an estimated 100,000 of them, remain in the soil while the Railroad Commission conducts a survey.
At a recent meeting in Austin, Commissioner Elizabeth A. Jones congratulated McDaniel for her fine work.
"You all are doing such a great job in getting so deep into this study," she said. "I really appreciate it."
Then amid mounting questions from News 8, Commissioners ordered gas companies to "repair or replace" the dangerous couplings if they are leaking or discovered during routine excavations.
Instead of ordering the couplings removed as in Minnesota, Railroad Commissioners have opted to study them and revisit the issue in January.
"We are taking every effort we can to make sure that we can provide to people in this state the safest natural gas transporting system in the country," said Commission Chairman Michael L. Williams when asked if he thought it would be possible someone could die before the compression coupling leaks are discovered.
"This order would not have saved Benny and Martha Cryer's lives," said Bruce Scrafford, an Austin attorney who represents the Cryer family in a lawsuit against Atmos Energy.
He called the Railroad Commission directive meaningless, mainly because federal safety regulations already say "each segment of pipeline that becomes unsafe must be replaced or removed from service."
Scrafford said Railroad Commissioners are, in effect, doing nothing.
"The Railroad Commission has not done anything to follow up, to make sure that they take those couplings out of the ground in applications where they are not appropriate and where they are unsafe and where more people are going to die if they don't do something to fix this problem," he said.
So, why isn't Atmos aggressively removing the 100,000 non-restraint couplings still in their system? That question was recently posed to an Atmos engineer in a videotaped deposition.
"I don't know," said the engineer when asked if he thought there was any other reason besides cost that Atmos would not replace the fittings.
Atmos Energy's official position is another utility disrupted their gas pipes causing the Wylie explosion. Atmos officials also said that they are complying with the Railroad Commission's directive and insist their pipeline system is safe.
Atmos officials also once assured Wylie residents who reported smelling gas hat everything was fine.
"In some cases, there was no leak found," said Rand Lavon, an Atmos spokesperson. "In other cases, it might have been something inside the home like a hot water heater."
But everything in that Wylie neighborhood was not fine. A compression coupling with s deadly reputation failed, killing Benny and Martha Cryer. It was a style of coupling too dangerous for Minnesota, but not the state of Texas.
In response to News 8 reports, Atmos officials have released a statement. They said safety and reliability are their highest priorities and that they welcome any discussion about safety and maintaining their natural gas system.
More importantly, they ask anyone who may smell gas to contact Atmos.
And for those who live in an older home and have a meter that looks unattended to, contact Atmos and tell them you want your system checked for bad couplings.
PART III
PART II
PART I
The safety of many North Texans was called into question last week during a News 8 investigation into a deadly natural gas explosion in Wylie last year.
As a result, the state agency that oversees pipeline safety in Texas is under increasing scrutiny for allowing 100,000 potentially deadly pipe fittings to remain in the ground.
One year after a natural gas explosion killed Benny and Martha Cryer of Wylie, the Texas Railroad Commission is taking some action to ensure that some of the potentially deadly couplings are removed.
Now there is new evidence that the Texas Railroad Commissioners may have suddenly backed off a proposal last spring to force Atmos to remove the dangerous couplings.
In Ramsey, Minnesota, three people were killed and one injured on December 28, 2004, which was when a natural gas pipe pulled out of its coupling, leaked gas and sparked an explosion. It was the same style of coupling that federal regulators and industry experts had warned for two decades posed a deadly potential for pullout.
The Minnesota Office of Pipeline Safety conducted an exhaustive and detailed investigation including a forensic examination of the failed coupling and determined the pipe "pull-out occurred" because of "thermal contraction of the soil."
The response was swift. The fittings were deemed dangerous and state pipeline officials ordered nearly 30,000 of them immediately pulled from the ground, which cost the gas company nearly $40 million.
Fast forward to October 16, 2006 in Wylie. Benny and Martha Cryer were killed when an Atmos pipe pulled out of its compression coupling, leaked gas and caused an explosion.
The Texas Railroad Commission, which regulates the pipeline industry, conducted the investigation.
Its preliminary finding stated that a line that separated from a compression coupling "possibly due to shifting of soil" and "natural ground movement."
Just as was the case in Minnesota, a recommendation was drafted, which was dated April 25, 2007, from Safety Director Mary McDaniel directing gas companies in Texas to establish a "replacement program to phase out" the questionable couplings.
However, that memo was never sent.
Another memo, also dated April 25 from Mary McDaniel, was greatly modified. The demand for a "coupling phase out" was gone and replaced with a request for information regarding the "installation, maintenance and leak history" of the compression couplings.
McDaniel denied a "phase out" was ever considered.
So, the potentially deadly couplings, an estimated 100,000 of them, remain in the soil while the Railroad Commission conducts a survey.
At a recent meeting in Austin, Commissioner Elizabeth A. Jones congratulated McDaniel for her fine work.
"You all are doing such a great job in getting so deep into this study," she said. "I really appreciate it."
Then amid mounting questions from News 8, Commissioners ordered gas companies to "repair or replace" the dangerous couplings if they are leaking or discovered during routine excavations.
Instead of ordering the couplings removed as in Minnesota, Railroad Commissioners have opted to study them and revisit the issue in January.
"We are taking every effort we can to make sure that we can provide to people in this state the safest natural gas transporting system in the country," said Commission Chairman Michael L. Williams when asked if he thought it would be possible someone could die before the compression coupling leaks are discovered.
"This order would not have saved Benny and Martha Cryer's lives," said Bruce Scrafford, an Austin attorney who represents the Cryer family in a lawsuit against Atmos Energy.
He called the Railroad Commission directive meaningless, mainly because federal safety regulations already say "each segment of pipeline that becomes unsafe must be replaced or removed from service."
Scrafford said Railroad Commissioners are, in effect, doing nothing.
"The Railroad Commission has not done anything to follow up, to make sure that they take those couplings out of the ground in applications where they are not appropriate and where they are unsafe and where more people are going to die if they don't do something to fix this problem," he said.
So, why isn't Atmos aggressively removing the 100,000 non-restraint couplings still in their system? That question was recently posed to an Atmos engineer in a videotaped deposition.
"I don't know," said the engineer when asked if he thought there was any other reason besides cost that Atmos would not replace the fittings.
Atmos Energy's official position is another utility disrupted their gas pipes causing the Wylie explosion. Atmos officials also said that they are complying with the Railroad Commission's directive and insist their pipeline system is safe.
Atmos officials also once assured Wylie residents who reported smelling gas hat everything was fine.
"In some cases, there was no leak found," said Rand Lavon, an Atmos spokesperson. "In other cases, it might have been something inside the home like a hot water heater."
But everything in that Wylie neighborhood was not fine. A compression coupling with s deadly reputation failed, killing Benny and Martha Cryer. It was a style of coupling too dangerous for Minnesota, but not the state of Texas.
In response to News 8 reports, Atmos officials have released a statement. They said safety and reliability are their highest priorities and that they welcome any discussion about safety and maintaining their natural gas system.
More importantly, they ask anyone who may smell gas to contact Atmos.
And for those who live in an older home and have a meter that looks unattended to, contact Atmos and tell them you want your system checked for bad couplings.
PART III
PART II
PART I
Friday, July 20, 2007
Gas companies requested to review pipes
By BRETT SHIPP - WFAA -TV - Thursday, July 19, 2007
WYLIE — A deadly natural gas explosion in Wylie last October has spawned a major safety initiative by the Texas Railroad Commission.
The state's natural gas regulatory agency has requested all gas companies to survey their use of a particular pipe and fitting that malfunctioned and is blamed for the Wylie deaths last fall.
A state Railroad Commission investigation released last March found that a faulty coupling under the alley caused the explosion that leveled the house where Benny and Martha Cryer were sleeping inside.
Both were killed in the explosion.
The pipe and fitting being blamed for the natural gas leak is called a compression coupling and riser and their safety and integrity are being questioned.
In the hours that followed the Wylie explosion, Atmos Energy scoured the neighborhood and found 21 defective riser pipes and couplings that needed to be replaced.
Some 24 gas leaks were found.
In a letter dated July 17th, Railroad Commission safety Director Mary McDaniel issues a "safety inquiry" notice to all gas service companies in Texas seeking information about "any leaks or failures of compression risers" and any information regarding the recommended "discontinuance of these risers."
Pipeline expert Don Deaver of Houston and says he has seen extensive problems with these particular pipes and fittings across the state.
The last one he saw involved an explosion in west Dallas in 2001 in which four teens were horribly burned.
Atmos officials say they have discussed compression fittings safety issue with Railroad Commission officials and are complying with all requests.
But Deaver says gas companies need to be more than compliant.
He says they need to replace old compression risers and hopefully help prevent another tragedy. "This is a problem," said Deaver, "this is not a remote problem that happens infrequently, it does happen quite a bit."
Read more
See also House explodes in Wylie; elderly couple dead
By CYNTHIA VEGA - WFAA-TV - Monday, October 16, 2006
WYLIE — An explosion and fire early Monday morning leveled the home of an elderly man and woman who neighbors called the anchors of their Wylie neighborhood.
Both died as a result, and surrounding homes were evacuated as a precaution.
"It just blew up," said Pam Willey. She said the couple was trapped in a raging inferno in the house in the 300 block of South 3rd Street. Her husband tried to help the victims before firefighters arrived by spraying water on them.
"We couldn't quite reach them because it was so hot," Willey said. "My husband kept trying to keep the hose on them to keep them from burning; I mean, we didn't know what else to do."
Benny Cryer, 78, was killed; his 77-year-old wife, Martha, was critically injured. She was taken to Parkland Memorial Hospital in Dallas for emergency treatment, where she later died.
Shocked neighbors told News 8 that the Cryers had lived in the house since it was built in 1964.
The cause of the fire was under investigation. Firefighters said flammable oxygen was being used in the house but they also discovered elevated levels of natural gas in a sewer line.
Sixteen homes on either side of the Cryer home were evacuated as a precaution.
Plano firefighters assisted Wylie units in battling the three-alarm blaze that leveled the building.
An American flag was still flying in the yard at daybreak—a reflection of Benny Cryer's patriotism. He was said by neighbors to be a military veteran.
"They were really sweet people, and they deserved as much help as they could get," Willey said.
Wylie is 14 miles east of Plano in Collin County.
WYLIE — A deadly natural gas explosion in Wylie last October has spawned a major safety initiative by the Texas Railroad Commission.
The state's natural gas regulatory agency has requested all gas companies to survey their use of a particular pipe and fitting that malfunctioned and is blamed for the Wylie deaths last fall.
A state Railroad Commission investigation released last March found that a faulty coupling under the alley caused the explosion that leveled the house where Benny and Martha Cryer were sleeping inside.
Both were killed in the explosion.
The pipe and fitting being blamed for the natural gas leak is called a compression coupling and riser and their safety and integrity are being questioned.
In the hours that followed the Wylie explosion, Atmos Energy scoured the neighborhood and found 21 defective riser pipes and couplings that needed to be replaced.
Some 24 gas leaks were found.
In a letter dated July 17th, Railroad Commission safety Director Mary McDaniel issues a "safety inquiry" notice to all gas service companies in Texas seeking information about "any leaks or failures of compression risers" and any information regarding the recommended "discontinuance of these risers."
Pipeline expert Don Deaver of Houston and says he has seen extensive problems with these particular pipes and fittings across the state.
The last one he saw involved an explosion in west Dallas in 2001 in which four teens were horribly burned.
Atmos officials say they have discussed compression fittings safety issue with Railroad Commission officials and are complying with all requests.
But Deaver says gas companies need to be more than compliant.
He says they need to replace old compression risers and hopefully help prevent another tragedy. "This is a problem," said Deaver, "this is not a remote problem that happens infrequently, it does happen quite a bit."
Read more
See also House explodes in Wylie; elderly couple dead
By CYNTHIA VEGA - WFAA-TV - Monday, October 16, 2006
WYLIE — An explosion and fire early Monday morning leveled the home of an elderly man and woman who neighbors called the anchors of their Wylie neighborhood.
Both died as a result, and surrounding homes were evacuated as a precaution.
"It just blew up," said Pam Willey. She said the couple was trapped in a raging inferno in the house in the 300 block of South 3rd Street. Her husband tried to help the victims before firefighters arrived by spraying water on them.
"We couldn't quite reach them because it was so hot," Willey said. "My husband kept trying to keep the hose on them to keep them from burning; I mean, we didn't know what else to do."
Benny Cryer, 78, was killed; his 77-year-old wife, Martha, was critically injured. She was taken to Parkland Memorial Hospital in Dallas for emergency treatment, where she later died.
Shocked neighbors told News 8 that the Cryers had lived in the house since it was built in 1964.
The cause of the fire was under investigation. Firefighters said flammable oxygen was being used in the house but they also discovered elevated levels of natural gas in a sewer line.
Sixteen homes on either side of the Cryer home were evacuated as a precaution.
Plano firefighters assisted Wylie units in battling the three-alarm blaze that leveled the building.
An American flag was still flying in the yard at daybreak—a reflection of Benny Cryer's patriotism. He was said by neighbors to be a military veteran.
"They were really sweet people, and they deserved as much help as they could get," Willey said.
Wylie is 14 miles east of Plano in Collin County.
Saturday, June 30, 2007
Operators, excavators face revamped pipeline rules
Railroad Commission granted power to levy fines up to $10,000 per day
Galen Scott - Weatherford Democrat - June 27, 2007
The Texas Railroad Commission (RRC) recently announced new rules to help protect the state’s 200,000 miles of intrastate pipelines — more intrastate pipelines than any other state in the nation.
Historically, domestic oil and gas exploration has taken place in rural, underdeveloped parts of the country, but the Barnett Shale is buried beneath some of the most densely populated areas in North Texas. When they run through urban development, pipelines can become especially vulnerable.
According to the RRC, damage by third-parties — homeowners, contractors, city or state employees or anyone digging near pipelines — is the leading cause of pipeline accidents.
In March, an excavator laying pipeline for Crosstex Energy Services struck a pipeline near the East Parker County community of Dicey. Though no serious injuries were reported, the accident ignited a towering stack of flames and the concerns of local residents already worried about the growing number of petrocarbon pipelines crisscrossing Parker County.
Pipeline accidents are happening more and more often in Texas. Railroad Commission Chairperson Elizabeth Ames Jones reported receiving 149 notifications of third-party pipeline damage in 2004. That number increased to 275 the next year and in 2006 it jumped even higher to 301 reports, or an average of six incidents each week.
Jones said the RRC’s new rules are designed to stop the trend toward increasing numbers of damage reports.
The RRC held three public meetings in 2006 to gather input on proposed rules from pipeline operators and contractors and other groups that dig near lines. Based on these meetings, the rules came to incorporate 10 “best practices” from a national pipeline protection safety organization called the Common Ground Alliance.
And for the first time, the RRC has the authority to issue fines for rule violations. Monetary penalties made possible by the new laws allow for up to $10,000 per day for each violation. The RRC also can also impose non-monetary penalties, such as issuing a warning or requiring mandatory attendance at safety training.
Railroad Commissioner Michael Williams expects the new rules to bring about a significant reduction in the number of pipeline incidents and said the RRC will continue monitoring data in order to gauge impact.
Fellow Commissioner Victor Carrillo emphasized the importance of having enforcement teeth built in to the state’s damage prevention efforts and said the action, “will help achieve a key agency goal in enhancing public safety regarding underground pipelines in Texas.”
See Weatherford-Democrat
Galen Scott - Weatherford Democrat - June 27, 2007
The Texas Railroad Commission (RRC) recently announced new rules to help protect the state’s 200,000 miles of intrastate pipelines — more intrastate pipelines than any other state in the nation.
Historically, domestic oil and gas exploration has taken place in rural, underdeveloped parts of the country, but the Barnett Shale is buried beneath some of the most densely populated areas in North Texas. When they run through urban development, pipelines can become especially vulnerable.
According to the RRC, damage by third-parties — homeowners, contractors, city or state employees or anyone digging near pipelines — is the leading cause of pipeline accidents.
In March, an excavator laying pipeline for Crosstex Energy Services struck a pipeline near the East Parker County community of Dicey. Though no serious injuries were reported, the accident ignited a towering stack of flames and the concerns of local residents already worried about the growing number of petrocarbon pipelines crisscrossing Parker County.
Pipeline accidents are happening more and more often in Texas. Railroad Commission Chairperson Elizabeth Ames Jones reported receiving 149 notifications of third-party pipeline damage in 2004. That number increased to 275 the next year and in 2006 it jumped even higher to 301 reports, or an average of six incidents each week.
Jones said the RRC’s new rules are designed to stop the trend toward increasing numbers of damage reports.
The RRC held three public meetings in 2006 to gather input on proposed rules from pipeline operators and contractors and other groups that dig near lines. Based on these meetings, the rules came to incorporate 10 “best practices” from a national pipeline protection safety organization called the Common Ground Alliance.
And for the first time, the RRC has the authority to issue fines for rule violations. Monetary penalties made possible by the new laws allow for up to $10,000 per day for each violation. The RRC also can also impose non-monetary penalties, such as issuing a warning or requiring mandatory attendance at safety training.
Railroad Commissioner Michael Williams expects the new rules to bring about a significant reduction in the number of pipeline incidents and said the RRC will continue monitoring data in order to gauge impact.
Fellow Commissioner Victor Carrillo emphasized the importance of having enforcement teeth built in to the state’s damage prevention efforts and said the action, “will help achieve a key agency goal in enhancing public safety regarding underground pipelines in Texas.”
See Weatherford-Democrat
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