BY DAVID McGEE
and MICHAEL L. OWENS
BRISTOL HERALD COURIER
The company responsible for Tuesday’s natural gas leak in downtown Bristol called in a dig request after the fact, a state official said Wednesday.
Even though failing to acquire a permit before digging is a misdemeanor, it remains unclear if any charges will be filed against McCall Commercial Fencing, based in Johnson City.
McCall called the Tennessee Regulatory Agency on Tuesday, about 30 minutes after one of its workers hit an underground gas line, said Bill Turner, executive director of Tennessee One-Call, the state group tasked with monitoring underground utilities.
“They called in ... 2:30 eastern time,” Turner said in a phone interview. “It was not an emergency call, it was just a normal dig request.”
About 2 p.m. Tuesday, the workers hit the line while drilling fence post holes in a parking lot behind Kil’n Time, a downtown pottery business adjacent to the Bristol transit station.
McCall Commercial Fencing Vice President Brad Sorrow did not return Bristol Herald Courier calls Wednesday.
Failure to call before digging is a Class B misdemeanor punishable by up to 48 hours in jail, a $2,500 fine, or both.
The Sullivan County District Attorney’s Office declined to say whether it is even investigating the incident.
“I don’t have anything to say or information to give other than we don’t have any comment at this time on this situation,” Josh Parsons, an assistant prosecutor, said Wednesday.
Atmos Energy, the Dallas, Texas, -based company that owns the underground gas line behind Kil’n Time, could bill the fence company for the cost of natural gas lost as well as for capping the leak.
“They’re still calculating the total cost,” Atmos Energy spokesman Joel Amos said. An estimate likely will not be complete until Friday, he said.
Bristol Tennessee City Manager Jeff Broughton said the city will not seek to recover the cost of police and fire department manpower needed to clear sections of downtown Tuesday.
“We don’t typically act on something like that,” Broughton said.
The accident sent gas shooting upward into the air and prompted emergency officials to evacuate businesses in the immediate area, re-route traffic and shut down that section of State and Shelby streets.
Fire officials called it a very dangerous situation.
“Thank goodness it didn’t ignite. If something like that would have ignited, there’s a good chance somebody would have died,” Turner said.
It isn’t unusual for businesses to call after the fact, Turner said.
“It’s not legal, but sometimes these contractors roll the dice, do the work and then – if they hit something – call in. The law says you’re supposed to give three working days notice.”
State agencies have no authority to prosecute, however.
“That’s up to the local authorities,” Turner said. “We’re having problems getting localities to prosecute, because they’ve got murderers and rapists to deal with.”
Larry Borum, chief gas pipeline safety officer for the Tennessee Regulatory Authority, which sets the rates and service standards of privately owned utilities, said third-party damage is the leading cause of problems with underground utilities nationwide.
“This contractor won’t face the TRA, but we’re working to get some legislation passed that would change that,” Borum said in a phone interview. “Tennessee’s damage loss prevention law has little or no enforcement.”
dmcgee@bristolnews.com | (276) 645-2532
mowens@bristolnews.com | (276) 645-2549
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