West Penn Power agrees to nearly $1.2M fine in 2018 West Deer electrocution death

Nearly four years after a West Deer man died after coming into contact with a fallen live wire, Pennsylvania’s utility oversight board has agreed to a nearly $1.2 million settlement with West Penn Power, which must also undertake remediation work meant to prevent the series of failures that led to the 2018 death.

The settlement, which includes a $1,175,000 fine, is between West Penn, part of First Energy, and the state’s Public Utility Commission.

“We believe this settlement is reasonable and in the public interest,” said West Penn spokesman Todd Meyers, “and we will abide by the terms of the agreement. Safety is a core value at West Penn Power, which we take very seriously.”

It stems from a PUC investigation sparked by the April 2018 death of Terry Colton on his West Deer property. A brush fired spurred Colton to call the police, and as he and an officer walked the property, Colton came into contact with a live wire that, unbeknownst to them, caused the fire.

Colton died, and the PUC investigation found that it took an hour for West Penn to de-energize the lines, meaning no one could provide aid to Colton for an hour as he was continuously electrocuted. Investigators also determined the trees and vegetation on Colton’s property had not been trimmed or managed since 2011.

The investigation also determined that three fault detection devices, which are meant to detect problems and cut power to the line, did not work properly on the day Colton was killed.

In addition to the fine, the settlement also requires West Penn to review all lines and infrastructure that does not service any customers and determine whether the lines can be de-energized and removed.

The company must also overhaul its vegetation maintenance policies and review its response to 911 calls and requests for emergency de-energizing of lines.

The settlement paperwork noted that West Penn “admitted to many of the basic facts surrounding the April 12 incident but denied that West Penn Power violated (PUC) regulations or failed to provide reasonable and safe services.”

The PUC had originally sought a penalty of more than $3.37 million but agreed to $1.175 million to avoid litigation.