Xcel indicted in Colorado tunnel fire deaths

Xcel Energy and another company have been indicted on federal charges in the deaths of five workers in Colorado.

The workers died in a tunnel fire in October 2007 at Excel Energy's Cabin Creek plant, 35 miles west of Denver. The workers were employed by RPI Coatings, based in California. Xcel had contracted with RPI to recoat the hydroelectric plant's tunnel walls.

The tunnel had been evacuated multiple times and a flammable liquid had vaporized, causing workers to complain about irritation shortly before the vapor ignited and caused the deadly October 2007 blast, according to an indictment made public today.

A grand jury indictment accuses Excel, RPI, and two RPI executives of violating Occupational Safety and Health Administration rules.

In a statement, the chief executive of an Xcel subsidiary in Colorado expressed sympathy for the families of the workers who perished but stressed that safety is a priority in the company. Michael Connelly, general counsel for Xcel says the deaths were a tragic accident and, he added, "We reject any attempt to characterize the Cabin Creek events in any other way."

Events occurring inside the tunnel, called a penstock, included "multiple instances of evacuation of the penstock due to high levels of carbon monoxide, and damage to electrical equipment," the indictment said.

That made the companies and RPI executives "aware that the relining project posed recognized serious health and safety hazards to their employees working inside the penstock," the indictment said.

The fire began on Oct. 2, 2007, while employees in the tunnel were cleaning a sprayer with a flammable solvent. Vapor from the solvent ignited and five employees working deep inside the tunnel died from asphyxiation.

The workers survived the initial fire and were in radio contact with rescuers before they were overcome by smoke and fumes as crews tried lowering air tanks to them.

The indictment said the day of the fire, employees bringing the solvent into the tunnel noticed it had vaporized into the air, "causing employees to suffer irritation and complain to their managers."

Calls to RPI were referred to Denver attorney Larry Pozner, who said he could not immediately comment because he had not fully reviewed the indictment.

(The Associated Press contributed to this report.)