DWP MAY BE SUED IN UTAH MINE DEATHS COLLAPSE: FAMILIES OF WORKERS KILLED OR INJURED SAY UTILITY IS RESPONSIBLE.

Byline: Beth Barrett

Staff Writer

The Los Angeles Department of Water and Power and another power agency are about to be sued by families of miners killed and injured in a collapse last summer at a Utah coal mine, the attorney in the case said Thursday.

The DWP has a management role in Utah-based Intermountain Power Agency, which is made up of municipal power customers and is a co-owner of the Crandall Canyon mine.

Andalex Resources Inc., a related company of Murray Energy Corp. of Ohio, also is a co-owner.

The DWP has no ownership interest in the mine but represents IPA on a co-owners' oversight panel that reviews mine safety, financial and other operational matters.

"As a managing or co-managing entity of the mine, LADWP is responsible for deaths and injuries that occur at the mine as a result of dangerous conditions which existed," according to a notice of claim to the utility this week.

In its management role, the DWP and IPA -- as a part owner -- allowed mining activities that were "unreasonably dangerous (and) negligent," the claims said.

DWP has 45 days to respond before a lawsuit could be filed; the IPA has 60 days.

Murray Energy officials have blamed the August collapse on seismic activity.

Company officials declined to comment Thursday on the claims.

DWP General Manager David Nahai confirmed the utility had received the notice but said he could not comment on pending litigation.

"We'll review it and analyze the claims that are in there and respond appropriately," Nahai said. "For us, this was a terrible tragedy. Our hearts go out to the families who lost lives."

DWP Commission President Nick Patsaouras also said it would be inappropriate to comment.

But attorney Edward Havas said he is representing about two dozen survivors of the six miners who were killed, one who was killed in a rescue attempt, and two injured rescue workers.

"When you talk about the death of seven people (in the current claims) and injuries to a couple more, the magnitude of the damages is in the millions, if not tens of millions," Havas said.

The claims discuss the suffering miners may have endured as they awaited rescue, as well as the anguish and economic losses of the families.

Havas said he expects to also name Murray Energy-related companies in the suit, and other unrelated companies.

The Daily News reported the DWP's management role in the mine three days after the mine collapsed in Emery County, some 120 miles south of Salt Lake City.

Nahai, then the commission's president, said at the time that commissioners learned of DWP's role as the Intermountain Power Agency's representative on the oversight panel after the mine's collapse.

But Havas said agendas from the co-owners' oversight meetings, which included DWP employees, showed they and IPA officials were aware of "bouncing" -- or unplanned distortions in the mine -- in the months before the collapse.

Havas referred to a March meeting of the oversight panel -- including DWP employee Eric Tharp via phone -- where bouncing in the mine was discussed and recorded in the minutes.

"The mine started taking bounces and had to retreat the equipment very quickly. There were no injuries and all equipment was recovered out of the area," according to minutes of the March 21 meeting.

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