Letter to Norfolk Southern CEO Moorman
Letter
Today, U.S. Senator Charles E. Schumer called on Norfolk Southern to make major policy changes in the way that it handles accidents following a train derailment in Elmira. Following a Saturday night train derailment that left a rail car upside down in an Elmira parking lot, Norfolk Southern failed to notify city officials or local law enforcement about the incident. City officials have been told that Norfolk Southern policy dictates that the company will only notify these officials if the accident involves five or more cars or hazardous materials. In a personal letter to Norfolk Southern CEO Wick Moorman, Schumer demanded that the rail company make public a full report of what happened in the crash, clarify its policy regarding notification and, if necessary, make changes so that local officials are informed whenever an incident occurs. He also urged the rail company to roll back its decision to allow trains to travel at higher speeds through Elmira, a decision that Schumer vehemently opposed.
"Norfolk Southern's chickens have come home to roost," said Schumer. "We told them that traveling at high speeds through Elmira is dangerous, and now the evidence is plain for all to see -- an upside down rail car sitting in a parking lot. It is flatly unacceptable for Norfolk Southern to dummy up following this derailment and fail to keep local officials and emergency responders informed -- in detail and in real-time -- of all information relevant to this accident. While it's a huge relief that no one was injured, this accident must bring about immediate and aggressive change. Norfolk Southern needs to provide a full explanation of what went wrong, make it an official policy to keep local leaders abreast of any accidents, and revisit the foolish plan to have trains barreling through Elmira."
"Norfolk Southern's response to this accident was wholly inadequate and, frankly, outrageous," said Mayor John Tonello. "They failed to provide even the most basic information about the derailment to the city or emergency service agencies, suggesting an arrogance that places Elmirans at risk. I fully support Sen. Schumer's call for an immediate accounting and independent investigation of this incident, and changes to current Norfolk Southern policies that clearly are not in the best interests of the general public."
Norfolk Southern operates freight-only routes through the Elmira community, home to more than 30,000 New Yorkers. The railroad runs an elevated route through Elmira, and sometimes carries hazardous materials. In 2006, Norfolk Southern announced that it will increase the speed of its trains traveling through Elmira, from 30 miles per hour to 50 miles per hour, in order to remain competitive. At the time city officials expressed concern about the possible risks. Schumer believes that Norfolk Southern should again revisit this decision, and reverse their decision to nearly double the speed at which trains pass through Elmira.
Schumer also today stated that regardless of the trains' speed, Norfolk Southern needs to immediately inform the public, Schumer's office, and local officials of the cause and details of Saturday's crash. As of Tuesday, Norfolk Southern had yet to provide a single detail about what went wrong. The train was only discovered by a Hillard Company, the owner of the parking lot, employee who saw the train car. In his letter, Schumer writes, "I request at this time that a copy of policies pertaining to derailments, as well as a report of the accident be furnished to City administration to ensure that they and key first responders are fully informed and briefed so they may craft response protocol accordingly.
"Secondly, it is my understanding that at present Norfolk Southern does not provide notification to municipalities or appropriate local law enforcement personnel of a derailment unless it contains hazardous materials, or if the accident involves more than 5 cars. If that is indeed the policy I request that it be revisited and amended to include any and all types of accidents. It is critical that localities are informed and briefed on all incidents that occur within their borders."
A copy of Senator Schumer's letter to Norfolk Southern CEO Moorman appears below:
Dear Mr. Moorman,
I write today in regards to a recent derailment that occurred with one of your trains on a line operated through the City of Elmira in New York's Chemung County. On November 19, 2011 a car came off the tracks, fell over a wall and landed upside down in the parking lot of a local business. City officials and community members have expressed both concern over the incident and frustration over the lack of information and detail provided to them at this point. This accident raises significant concerns that both the community and I would like to see addressed to ensure the safety of residents, and property, is protected. Specifically, I present three concerns that I am hoping can be addressed and resolved to ensure that commerce can continue to move smoothly through the region and those who call the City of Elmira home can have peace of mind.
Firstly, in the aftermath of this accident, the City of Elmira has requested from Norfolk Southern, and to date has not received, a detailed copy of your policies and protocol regarding a derailment. The incident was neither reported to local law enforcement by Norfolk Southern, nor has any information regarding how or why this derailment occurred has been officially provided. I request at this time that a copy of policies pertaining to derailments, as well as a report of the accident be furnished to City administration to ensure that they and key first responders are fully informed and briefed so they may craft response protocol accordingly.
Secondly, it is my understanding that at present Norfolk Southern does not provide notification to municipalities or appropriate local law enforcement personnel of a derailment unless it contains hazardous materials, or if the accident involves 5 or more cars. I am asking for official clarification regarding company policy and, if that is indeed the case, I request that it be revisited and amended to include any and all types of accidents. It is critical that localities are informed and briefed on all incidents that occur within their borders. Those leading communities and tasked with protecting the safety of its residents must be able to provide information in real time to mitigate any potential foreseen and unforeseen implications from an accident, to ensure residents' safety is maintained and to enable municipal leaders to address any ancillary problems that may arise, which may include traffic rerouting, continuity of services and operations.
Lastly, I again express concern for the speed with which these trains are currently traveling through the City of Elmira. In 2006, when Norfolk Southern unilaterally decided to increase the speed that trains would travel from 30 mph to 50 mph, I joined local leaders and residents in expressing concern over this change. As you are aware, the route for trains to travel passes through a City, neighborhoods, overhead on aging infrastructure and in the backyard of schools. Increased speeds in a City environment raises the risks for accidents, and presents many challenges. The recent event underscores the potential that exists for accident and the need to review current speeds to ensure safety. We are fortunate that no individuals were harmed in the recent event and no major damage or risk occurred. However, the next time may have disastrous consequences.
I thank you for your time and attention to this matter. If you have any further questions or would like to discuss these concerns please feel free to contact my Southern Tier Regional Director.
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