Xcel Energy Inc was indicted with two other companies on charges related to the deaths of five workers at a hydroelectric plant in Colorado two years ago, a U.S. attorney said on Friday.
The RPI Coating Inc workers were relining a pipe at Cabin Creek Hydro Plant, about 45 miles west of Denver, when chemical vapors ignited in the pipe and fire blocked their escape, according to a statement from the office of U.S. Attorney for Colorado David Gaouette. They died from inhaling carbon monoxide produced by the fire.
A federal grand jury in Denver indicted plant operators Xcel and Public Service Company of Colorado, RPI and two of the company's executives late on Thursday after prosecutors argued that violations of Occupational Safety and Health Administration (OSHA) rules led to the fire on October 2, 2007, and the failure to rescue the men.
The companies each face five counts of violating OSHA regulations and causing death, with a possible fine of up to $500,000 for each count.
Philippe Goutagny, RPI's owner and president, and James Thompson, RPI's project supervisor, were indicted and face up to six months in prison and fines of up to $250,000 for each count.
"This catastrophe could have been avoided if the companies had followed their critical safety procedures," said Greg Baxter, OSHA's regional administrator in Denver.
Xcel Energy, a utility based in Minneapolis, Minnesota, called the deaths a "tragic accident."
"We reject any attempt to characterize the Cabin Creek events in any other way, and we look forward to the opportunity to present our case," Michael Connelly, general counsel for Xcel Energy, said in a statement.
Larry Pozner, lead counsel for RPI, said it was "wrong" to try to turn an accident into a crime.
Tim Taylor, chief executive of Public Service Company of Colorado, defended its safety record and said there were inherent risks in some jobs its employees and contractors perform.
"Knowing that, we continually look for ways to improve our processes and to keep everyone safe on the job," he said.
All the defendants are due to appear in U.S. District Court in Denver on September 22, the U.S. Attorney said.