The lone vote against the subpoena was Committee Vice Chair Sen. Tracy Pennycuick (R-Berks). She also made a motion that was defeated to Table the subpoena until there is a list of documents the Committee would like to request from the company.
In addition, Sen. Wayne Langerholc (R-Cambria) recused himself from the votes on the subpoena because the law firm he is of-counsel with has represented Norfolk Southern, although he personally did not do any legal work directly or indirectly for the company he said.
Sen. Doug Mastriano (R-Adams), Majority Chair of the Committee, said, “Additionally, our cover letter will be requesting documents, videos, correspondence, emails, texts related to the decision that triggered this emergency response.
“We will follow up to proceed next week with additional subpoenas for those documents should Mr. Alan Shaw not be forthcoming in providing all the documents we need in our capacity for constitutional oversight,” said Sen. Mastriano.
Sen. Katie Muth (D-Montgomery) made a motion that was Tabled to require the production of documents be part of the first subpoena since “Mr. Shaw could simply show up and decline to comment on the ongoing investigation. I’m sure legal counsel will advise him in that fashion.”
“In the absence of him bringing forward meaningful testimony, I think we need to also simultaneously be asking for documentation of all testing done-- derailment day to current-- all the documentation on how modeling was done relative to the controlled burn [of toxic contents of several rail cars] and put that in the actual language of the subpoena and not the cover letter. If it’s not in the subpoena, no one has to respond to it,” said Sen. Muth.
“To wait longer for that information I feel is detrimental to the health and wellbeing of these impacted residents that certainly are waiting for us to take significant action and make sure they are actually able to get to a place that is healthy,” explained Sen. Muth.
Sen. Muth said Democrats on the Committee did offer language to amend the subpoena to include the document requests.
Sen. Mastriano said, “I move that we Table the [Sen. Muth’s] amendment in light of the fact that we will be subpoenaing the same data not only in the initial request but it will be in a subpoena we anticipate next week.”
Sen. Muth’s motion was Tabled.
Sen. Tracy Pennycuick (R-Berks) then made a motion to Table consideration of the subpoena itself until there is a list of documents the Committee would like to request from the company was produced. The motion was seconded by Sen. Muth (D-Montgomery).
Sen. Mastriano said, “The reason for expeditious call of Alan Shaw is the production of documents as we know in the subpoena could take a month or longer and I do believe we need him before the Committee to answer some of the basic questions that many of us here [and] out in Beaver County needed addressed.
“Sen. Muth, he may plead the 5th [amendment against self-incrimination], I’m hopeful, we don’t know, he will be transparent and responsive,” said Sen. Mastriano.
Sen. Muth commented, “If Norfolk Southern could clean up the tracks and put down new tracks in a very timely fashion in less than a week, then they could produce the documents we’re asking for. I certainly urge you [Sen. Mastriano] to send a simultaneous subpoena.”
On the subpoena, Sen. Pennycuick (R-Berks) said, “I think the timing of this subpoena is a little premature. The NTSB [National Transportation Safety Board] investigation is ongoing. We have a preliminary report out. I don’t believe Norfolk Southern is in a position with 12 lawsuits from local citizens as well as the NTSB investigation ongoing to produce anything more than we could access from them now.
“I think our focus needs to be getting Beaver County residents back and made whole. Back to work, back to school. Making sure their water and their soil is safe. I would like to not proceed with the subpoena. I would like to ask [for] whatever documents you want from Norfolk Southern, let’s ask for the documents. Let’s work together to make Beaver County whole,” said Sen. Pennycuick.
“We all know they [Norfolk Southern] are at fault. We all know they are in a position to start writing some checks and they’re doing that. But right now I think our focus needs to be on restoring Beaver County to 100% of what they had before this incident and this tragedy,” said Sen. Pennycuick.
After Sen. Pennycuick’s motion to Table the subpoena was defeated, Sen. Muth (D-Montgomery) added, “I also want to remind everyone on this Committee we also did not receive documentation from the [Shapiro] Administration. I sent a multitude of emails requesting that information that they spoke of, but not in writing, during the hearing [in Beaver County].
“If we’re not able as a Committee to get data and information, that’s really troubling. In the absence of that information, I don’t want to hear from anyone that people aren’t in harm’s way, that everything’s fine, the water’s fine. Our state websites say there’s no contamination.
“There is now a PA Department of Health powerpoint for [medical] providers that states to not trust for-profit labs and to stick with calling the labs that are affiliated with Ohio and Pennsylvania and Norfolk Southern,” said Sen. Muth.
“It is incredibly frustrating knowing that people are sitting in their homes right now exposed to toxins with no remedy, no answers and they know they’re sick. They need to see the real data, not the ‘sham’ testing that doesn’t accurately test for all the things that could be harming them,” said Sen. Muth.
“I refuse to believe the government if they’re going to say everything is fine and not provide a piece of documentation. That is just obscene,” said Sen. Muth. “Maybe we should think about expanding the subpoena to all involved entities to give us some sort of documentation on how they came to these conclusions, how they determined the plan and how this modeling came to be, because clearly there was a last-minute change in the plan and the evacuation [area] was shrunk dramatically.
“There are far more Pennsylvanians impacted by this than originally stated or anyone’s willing to state,” said Sen. Muth.
Sen. Mastriano responded, “We’re going to get this right. I’m going to work with each of you [members of the Committee] on your concerns and requests.
“Sen. Muth, I’d be honored if you could help craft or craft a subpoena for the [Shapiro] Administration in any other areas we discuss-- the decisions on the plume, the evacuation area, that random one mile zone times two, on and on.
“I do believe it would be good for Alan Shaw to finally be before the people of Pennsylvania or anywhere in this country for that matter, instead of ducking and hiding and showing in a hand-picked panel or what-have-you,” said Sen. Mastriano.
“The people of Western Pennsylvania want answers, they feel forgotten-- they have been forgotten. I think this is going to get worse as it goes on,” said Sen. Mastriano.
Click Here for a video of the Committee meeting.
Sen. Doug Mastriano (R-Adams), Majority Chair of the Senate Veterans Affairs and Emergency Preparedness Committee, and can be contacted by calling 717-787-4651 or sending email to: dmastriano@pasen.gov. Sen. Katie Muth (D-Montgomery) serves as Minority Chair and can be contacted by calling 717-787-1398 or sending email to senatormuth@pasenate.com.
NewsClips:
-- AP: Norfolk Southern CEO To Testify In U.S. Senate March 9 About Ohio/PA Train Derailment
-- PA Capital-Star: PA Senate Committee Votes To Subpoena Norfolk Southern CEO To March 8 Hearing
-- Post-Gazette - Ford Turner: PA Senate Committee Subpoenaed Norfolk Southern CEO In Ohio/PA Derailment Probe
-- The Center Square - Anthony Hennen: PA Senate Hearing: Federal Regulators Tie PA’s Hands On Hazmat Train Safety [Senate Transportation Committee hearing video, testimony]
-- PennLive: PA Senate Panel Learns There’s Little State Can Do To Implement Own Railway Rules
-- Post-Gazette - Ford Turner: PA Senate Consider Issuing Subpoena To Norfolk Southern To Compel Testimony
-- WESA: CMU Researchers Find High Levels Of A Hazardous Chemical Acrolein Weeks After Ohio/PA Train Derailment [Acrolein Also Used In Fracking Fluids And To Treat Shale Gas Drilling Impoundments]
-- The Guardian: Residents Of Towns Near Toxic Train Derailment Feel Forgotten: ‘No One Is Coming To Save Us’ [OH/PA Residents Included]
Related Articles:
-- Pennsylvania State Actions On Ohio/PA Train Derailment - Week Of Feb. 27 [PaEN]
-- Feb. 27: Shapiro Davis Administration Opening PA Health Resource Center In Beaver County Tuesday; Healthcare Providers Webinar; Door-To-Door Health Survey [PaEN]
-- March 2: 200 PA Residents Impacted By Norfolk Southern Train Derailment Visit Beaver County Health Resource Center In First Two Days [PaEN]
-- Acting Attorney General Henry Opens Complaint Hotline For Reports Related To Ohio/PA Train Derailment [PaEN]
-- Senate Committee Votes 9-1 To Issue A Subpoena To Compel CEO Of Norfolk Southern To Appear At March 8 Hearing On Train Derailment; 2nd Subpoena Expected Next Week For Documents [PaEN]
[March 1, 2023] PA Environment Digest
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