Federal safety investigators issued a subpoena to Pennsylvania’s public utility regulator on Monday for documents related to a deadly explosion at a chocolate factory, escalating a months-long legal dispute over the state agency's authority to share the sensitive information.
The Public Utility Commission said it could not provide the records in the format that the safety agency demanded, citing a state law that protects “confidential security information" about key utility infrastructure from public disclosure, even to other government agencies.
“This is a unique situation where a federal agency is demanding that the PUC violate state law," PUC spokesperson Nils Hagen-Frederiksen said in a written statement. “It is unfortunate that the NTSB has rejected possible solutions to this issue, but we continue working to resolve this impasse.” Because federal law preempts state law, NTSB chair Jennifer L. Homendy wrote to the state utility commission chair, the PUC “has no legal basis to withhold the ... inspection reports from the NTSB in any manner."
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