NTSB Report to Be Discussed During Explosion Lawsuit Hearing

The federal report that found PG&E at fault for the 2010 pipeline explosion in the Crestmoor neighborhood has now become a key issue in the court proceedings stemming from the fire. 

At a hearing Thursday, lawyers for both the explosion victims and PG&E are expected to discuss whether the by the National Transportation Safety Board could be used in the trial for the numerous lawsuits filed against the utility following the disaster. The trial, which stems from more than 250 lawsuits that have been consolidated into one case against the utility, is expected to start in July. 

The plaintiff’s lawyers want PG&E to agree to allow the report’s findings to be used as evidence, said Mike Danko, who represents more than 50 plaintiffs in the case. The report faulted PG&E for a litany of failures leading up to the explosion, including shoddy record-keeping and a weak program that allowed the utility to sidestep many state and federal rules when inspecting its gas pipelines. 

However, PG&E’s lawyers are not likely going to allow that to happen. 

PG&E has already and reported that it is with the NTSB’s recommendations ordered following the fire. 

For the trial, Brian Swanson, a PG&E spokesman, said the company is proposing that what should be used as evidence instead are the NTSB’s many factual reports released before the probable cause was determined. Swanson cited a federal statute that only allows the NTSB to make recommendations but not be involved in any litigation. 

“Stipulating to the final report would be contrary to those federal regulations,” Swanson said. 

Danko said PG&E’s proposal would prolong the trial and keep key information from the jury. 

“The question now is: Why does PG&E, although it is acting contrite, have a problem with what the NTSB has to say,” Danko said. “Does it reject the findings?” 

The hearing will take place at 9:30 a.m. at the Redwood City Hall of Justice, with Superior Court Judge Steven Dylina proceeding over the discussions.