More than a year
after a horrific explosion claimed the lives of two Hopkinton toddlers, Nstar
may be forced to pay a $200,000 fine for failing to monitor the building's gas
lines, according to a state Department of Telecommunications and Energy report
released yesterday.
While the report does not blame Nstar for the
July 24, 2002, explosion that ripped apart a Main Street apartment building, it
does say there is ``reason to believe violations of state and federal pipeline
safety regulations may have occurred.''
Nstar vehemently denies any wrongdoing,
pointing to an earlier report by the state that showed none of their equipment
was at fault in the blast.
Killed in the fire were 5-year-old Violet Carey
and her 4-year-old sister, Iris, who were trapped in a second-floor bedroom.
The children's grandfather, Paul Germain of
Milford, is still searching for the reason his granddaughters died.
``There really are no definitive answers yet,''
said Germain. ``I'm sure we'll get them down the road. We have to, really.''
The 34-page DTE report claims Nstar did not
properly monitor and maintain the gas pipeline leading from the street into the
basement of the three-story building.
Among Nstar's failings were: the absence of
records proving lines were tested to establish a maximum operating pressure,
failure to monitor a steel service line in the basement for corrosion, and a
lack of periodic leak checks of lines inside the building.
On the morning of the explosion, the girls'
parents, Tara and Heath Carey, managed to free themselves from the mangled
remains. They could touch and hear their children, but could not get close
enough to free them.
Three other families, including a pregnant
woman who gave birth to a healthy baby boy days later, escaped with minor
injuries.
Heath Carey declined to talk about the DTE
report when reached at his Onset home last night. He and his wife - who gave
birth to a son named Lexington last month, a year after Heath underwent a
vasectomy reversal - will hold a press conference today. ``We haven't even seen
the report,'' Heath Carey said. ``I can't say anything. We're in a tough place
right now.''
Their attorney offered few comments yesterday
as well.
``Our clients have asked us to fully explore
the deficiencies in Nstar's system so that other tragedies like this one can be
avoided,'' Edward Swartz and Alan Cantor of Swartz & Swartz, said in a
statement.
Nstar plans to appeal the findings to the full
DTE commission, said spokesman Mike Durand.
``We strongly disagree with the findings of the
new DTE staff report. The DTE previously conducted a comprehensive investigation
with the state fire marshal's office and the state's independent safety expert.
That report concluded that our equipment operated properly,'' he said.
``We are dismayed that there is no reference to
that conclusion on this new report.''
The DTE has proposed that Nstar enter into a
consent order in which it would pay a penalty of $200,000 and make a number of
procedural changes intended to ensure that the company tracks down potential
leaks.
Nstar can also negotiate a lower fine or ask
for a hearing.
An August report released by the state
suggested the building's gas system may not have been to blame for the
explosion.
A private West Boylston lab contracted by the
state tested pipes, fittings and meters pulled from the wreckage, and determined
none of those materials could be linked to the blast.
Ten minutes before the Main Street home blew up
around 1:41 a.m., residents said they heard a loud noise, smelled gas and heard
hissing ``like a tea kettle noise as it starts screaming,'' the report said.
Nstar is also named in a $50 million wrongful death lawsuit the Careys filed in
Middlesex Superior Court.