CHARLESTON — Mountaineer Gas Company is suing Fiber Group claiming it violated West Virginia law for damage done to a pipeline.
Snider engaged Fiber Group to be an equipment operator and on June 6, 2020, as required by the One-Call Act, Fiber Group tendered a locate request on behalf of Snider for underground facilities that are required in the one-call system to mark underground assets, according to a complaint filed in Kanawha Circuit Court.
Mountaineer responded within 48 hours and marked its facilities at the location and no additional action was needed by Mountaineer at that time.
On Sept. 21, 2020, Mountaineer responded to a report of a likely gas leak in the same location and upon arriving and assessing the area, it was apparent to Mountaineer as to what caused the damage and an analysis of the pipeline damage clearly showed that an external force impacted and/or punctured the pipeline and caused the leak.
"After discovering and repairing the Pipeline at the Damage Location...Mountaineer reached out to Fiber Group in an attempt to resolve the matter between the parties..." the complaint states.
To date, Mountaineer has sought payment of the repairs in the amount of $24,499.66, but Fiber Group has refused to pay for the damages, according to the suit.
Mountaineer claims Fiber then terminated its existence as an entity in West Virginia in 2022 in an attempt to avoid responsibility, the complaint states.
Mountaineer claims the unreported puncture of the pipeline caused excessive natural gas leakage in a high-traffic business area that could have had potentially deadly results with gas migration into enclosed buildings on both sides of Washington Street East and for blocks in either direction.
Mountaineer is seeking compensatory damages with pre- and post-judgment interest. It is represented by Beth R. Minear of Minear Law Offices in Charleston.
Kanawha Circuit Court case number 22-C-441