Pa. Senate committee to subpoena Norfolk Southern CEO over train derailment

38 cars derailed and more burned on Feb. 3 in East Palestine, Ohio near the Pennsylvania border
Charred train cars sit near railroad tracks on February 14, 2023 in East Palestine, Ohio. The Norfolk Southern train derailed on February 3, releasing toxic fumes and forcing evacuation of residents.
Charred train cars sit near railroad tracks on February 14, 2023 in East Palestine, Ohio. The Norfolk Southern train derailed on February 3, releasing toxic fumes and forcing evacuation of residents. Photo credit Angelo Merendino/Getty Images

PHILADELPHIA (KYW Newsradio) — A Pennsylvania state Senate committee has voted to subpoena Norfolk Southern CEO Alan Shaw in an effort to get answers on the train derailment in East Palestine, Ohio near the Pennsylvania border on Feb. 3, when 38 cars derailed and more burned.

Though no one was injured or killed, the accident and its aftermath imperiled the entire village and nearby neighborhoods in both states. It prompted an evacuation of about half the town's 4,000 residents, an ongoing multi-governmental emergency response, and lingering worries among villagers of long-term health impacts.

Senate Veterans Affairs and Emergency Preparedness Committee Chairman Doug Mastriano, R-Chambersburg, requested a subpoena be drafted and served directly to Shaw to appear before the committee on Wednesday, March 8.

Montgomery County Republican Tracy Pennycuick said she gave a no vote as she questions the timing and value of the subpoena.

“I don't believe that Norfolk Southern is in a position with 12 lawsuits from local citizens, as well as the NTSB investigation ongoing, to produce anything more than what we can access from them now,” Pennycuick said.

The subpoena proposal passed with multiple committee members saying they support it, but recognize it’s likely more symbolic than effective.

Committee minority chair and Chester County Democrat Katie Muth’s motion for the subpoena to be expanded to include documents and records from Norfolk Southern was voted down.

Muth also called on the Shapiro administration to provide the committee with documents she’s requested, saying those requests have not been answered, adding Pennsylvania residents affected by the derailment need answers.

“They need to see the real data,” said Muth, “not this sham testing that doesn't actually test for all the things that could be harming them.”

Requests for comment from Norfolk Southern have not been answered. The railroad said Wednesday that Shaw will appear before the Senate Committee on Environment and Public Works next Thursday, one day after the state subpoena request.

Shapiro’s office shared the following statement Wednesday:

"The Shapiro Administration, through the Department of Environmental Protection, is independently testing Pennsylvanians’ private drinking water wells if they live within two miles of the derailment. The Administration is committed to transparency – DEP has publicly listed all the chemicals they are testing for and plans to publish the data they collect publicly so that Pennsylvanians have the information they need to stay safe and healthy. So far, DEP has collected water samples from nearly every private water well within a one-mile radius of the train derailment, and DEP staff continues to collect samples this week.

“From the first hours of the response to the Norfolk Southern train derailment, the Shapiro Administration has been on the ground in Western Pennsylvania, working to keep residents informed and provide those affected with the resources they need to stay safe. To that end, the Administration has compiled resources for air and water testing, health concerns, cleaning services, and more on one centralized website to make it easy for Pennsylvanians to access help: Train Derailment Dashboard (pa.gov)."

The Associated Press contributed to this report.

Featured Image Photo Credit: Angelo Merendino/Getty Images