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Public Service Commission seeks limited confidentiality for rail safety investigation records
Summary
The Public Service Commission told the House Judiciary Committee it needs to protect certain rail inspection and investigation records so state inspectors can participate in NTSB investigations without disclosing precise defect locations or other sensitive details.
The North Dakota Public Service Commission asked the House Judiciary Committee to protect certain state rail-safety inspection and investigative records from routine public disclosure so state rail inspectors can fully participate in National Transportation Safety Board (NTSB) investigations.
Conrad Crockford of the Public Service Commission’s compliance division told the committee that state rail safety inspectors inspect tracks, switches, rail cars and hazardous-material shipments and sometimes are the first inspectors on scene at a derailment or incident. He said the NTSB uses a “party” system that permits multiple entities to participate in an investigation but requires those entities to protect investigation details and records until the NTSB releases them.
“It’s very important to ensure that [inspection records] are not being disseminated out to individuals that would maybe have other ulterior motives,” Crockford said, describing how inspectors mark precise defect locations by mileposts and tenths of a mile.
Crockford said House Bill 1110 would allow PSC rail safety inspectors to participate fully in NTSB investigations and would protect inspection records that detail precise defect locations consistent with federal procedure. He distributed an amendment drafted with the attorney general’s office that would make records “exempt” rather than leave disclosure as purely discretionary.
Media representatives and the North Dakota Newspaper Association opposed the proposal at the hearing. Jack McDonald said the bill would close records that have been open for years and could limit public information about derailments, and he expressed concern that the language, as drafted, could be interpreted to close PSC meetings as well. Crockford and committee counsel clarified the amendment is tied to the PSC’s railroad title and PSC staff said they would generally follow NTSB disclosure rules while participating in an investigation.
The committee asked the PSC to provide documentation of the NTSB party-system agreement and the federal disclosure requirements that govern parties’ obligations while an NTSB investigation is active. The PSC agreed to provide that information. The committee closed the hearing without a vote.
