Federal prosecutors are negotiating a plea agreement with RPI Coating Inc., the company criminally charged with the 2007 deaths of five workers at the Cabin Creek hydroelectric plant.
But during a hearing in U.S. District Court on Friday, RPI attorney Larry Pozner said an agreement hasn’t been reached because families of the men who died won’t agree to the financial terms of the deal.
J. Keith Killian, an attorney for the victims, said his clients are open-minded to a plea if “certain matters are addressed.”
He declined to be specific.
Xcel Energy operates the plant and contracted with RPI Coating to apply an epoxy and paint mixture to the inside of a penstock. The men died of carbon monoxide poisoning after a fire broke out and they could not escape.
Xcel Energy is not negotiating a plea agreement and may go to trial in May.
The companies and two RPI executives are charged with violating workplace safety standards that led to the deaths.
Felisa Cardona, The Denver Post
