Nevada to regulate railroad safety

Monday, Dec. 14, 1998 | 11:40 a.m.

The state Public Utilities Commission plans to become a clearinghouse for information on hazardous materials shipped through the state on trains -- including nuclear waste should a waste dump be established in Nevada.

Representatives of the PUC staff, Union Pacific Railroad and several unions agreed last week to new regulations that would require railroads to file annual reports to the commission.

Currently, all oversight on hazardous materials comes from the Federal Railway Administration and the U.S. Department of Transportation. By taking on the responsibility in the state, regulators believe they can better inform fire departments and emergency response teams about the types of materials they could encounter in an accident.

Union Pacific representatives asked that they be allowed to work with the PUC staff to develop a format for reporting what materials they carry. The reports would not be complicated or expensive to generate, they hope.

Carol Harris, general commerce counsel for the railroad, said she didn't think the proposed regulation would be problematic since a computer-generated report already is prepared for federal agencies.

Rejected was a proposal from Guy Zewadski of the Brotherhood of Locomotive Engineers. He recommended the railroad post a list of hazardous materials being shipped on the Internet so crews could quickly access information in an emergency.

Harris said such a plan would breech the company's confidentiality agreements with its customers. She said emergency crews are notified immediately of hazardous materials involved in an accident, but lists aren't disseminated for competitive reasons.

Zewadski and the other union representatives were satisfied with the annual reporting requirements, which state lists of materials from each calendar year would have to be provided to the state by April 1 the following year. There are requirements of special reports within 30 days of any unusual incidents involving hazardous materials.

"The public would be well-served by having this information available to them for safety reasons," said Jack Fetters, state director of the United Transportation Union, one of three labor groups monitoring the PUC's implementation of revised safety regulations. "The United Transportation Union believes that with the possibility of a nuclear dump looming on Nevada's horizon, this regulation could be indispensable to monitor these shipments."

The potential of a nuclear waste repository opening at Yucca Mountain prompted the Nevada Legislature's request for the PUC to examine railroad safety. When the agency had its initial meeting in October, the unions asked that the PUC examine other workplace issues affecting safety as well.

Those issues also were a part of last week's hearing. While there was quick agreement on most of the hazardous materials issues, discussion bogged down on matters involving repairs and replacement of end-of-train warning devices, bridge inspections, track walkway standards and locomotive toilet facilities.

Commissioner Lucy Stewart, serving as presiding officer on the hearing, said another meeting probably would be scheduled early next year to address the workplace issues in detail. PUC officials said emergency crews that respond to hazardous materials spills also may be invited to that meeting to review the reporting proposals.

The PUC is required to apprise the Legislature of progress in the hearings after lawmakers convene.