STATE OF CONNECTICUT

BY HER EXCELLENCY

M. JODI RELL

EXECUTIVE ORDER NO. 45

WHEREAS, the State of Connecticut experienced a tragedy on February 7, 2010 when a gas explosion occurred at the Kleen Energy Systems LLC power plant construction site in Middletown that took the lives of six men and injured more than thirty other persons; and

WHEREAS, in the wake of such a tragedy, I appointed two separate commissions: one charged with identifying the cause and origin of the explosion chaired by Senior U.S. District Judge Alan H. Nevas (Nevas Commission) and the other charged with recommending specific steps, including legislative and regulatory changes, to deter such accidents in the future chaired by James M. “Skip” Thomas (Thomas Commission); and

WHEREAS, the Nevas Commission found that the explosion resulted from a process known as “cleaning” or “blowing” a natural gas pipeline for the purpose of removing small bits of matter from the pipeline whereby large quantities of natural gas came into contact with an ignition source known in the industry as a “gas blow”; and

WHEREAS, the Nevas Commission also noted that although the construction of the Kleen Energy plant was heavily regulated by a variety of federal, state and local agencies, no particular agency regulated the process used to clean the natural gas pipeline that was the source of the explosion; and

WHEREAS, a representative from the United States Chemical Safety Board informed the Thomas Commission that several safer alternative gas pipe cleaning methods exist including air and nitrogen blows, pigging, steam blows, water or chemical cleaning and that there are no known instances in which an alternative to the gas blow process could not be used; and

WHEREAS, the Thomas Commission made several recommendations to the Governor to improve the safety of such power plant construction sites, including that the use of flammable gasses to conduct “gas blows” be banned until such time that there are alternative regulatory standards in place; and

WHEREAS, pursuant to Section 3-1 of the Connecticut General Statutes, the Governor may take any proper action concerning any matter involving the enforcement of laws and the protection of Connecticut citizens; and

WHEREAS, it is necessary to temporarily ban the use of “gas blows” for the protection of Connecticut residents and to prevent the needless risk of future injury to Connecticut residents and workers; and

NOW, THEREFORE, I, M. JODI RELL, Governor of the State of Connecticut, by virtue of the authority vested in me by the Constitution and Statutes of the State do hereby ORDER AND DIRECT that:

1.  The use of flammable gasses to conduct “gas blows” by power plants is hereby banned in Connecticut;  

2.  The Commissioner of the Department of Public Safety or his or her designee shall oversee compliance by power plants with such ban and shall coordinate enforcement of this provision with all other federal, state and local agencies, as appropriate; and

3. This Order shall take effect immediately and shall remain in effect until such time as alternative national or state regulatory standards are promulgated governing the pipeline cleaning process for such power plants.

Dated in Hartford, Connecticut, this 22^nd day of September 2010.

M. Jodi Rell

By Her Excellency’s Command