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In A Rare Case, Xcel Energy Faces Criminal Charges

DENVER (CBS4) - Xcel Energy faces a criminal trial in the deaths of five workers at a Colorado hydro-electric plant.

It's a rare case -- a company facing criminal charges. Xcel is accused of causing the deaths of the five contract workers by violating workplace safety regulations.

The incident occurred in Georgetown in October of 2007. The five workers were trapped inside a large pipe they were painting when a fire broke out. Help was quickly called, but rescuers couldn't reach the men until it was too late.

The government claims Xcel's response to the fire was more than inadequate and it was partly responsible for the workers' deaths. The U.S. Chemical Safety Board agreed.

The U.S. Chemical Safety Board said there was no help available because the company did not have properly trained emergency responders standing by for such a rescue.

An animated video released by the The U.S. Chemical Safety Board depicts the fire that started when a highly volatile chemical ignited.

Prosecutors claim Xcel's emergency plan only consisted of contacting the control room operators who would then call 911. But there were no procedures for rescuing people inside the pipe called a penstock -- an alleged violation of Occupational Safety and Health Administration workplace safety rules.

Josh Franklin is a former Denver prosecutor who says the government trying Xcel criminally is quite interesting.

"I think it's significant in that it's unusual for OSHA regulations to be prosecuted criminally," Franklin said. "And it's also unusual for corporations to be prosecuted in their own names, rather than through individuals."

The contractor RPI is also charged as well as two of its officers, but will be tried separately.

Xcel maintains the contractor was at fault in causing the fire.

"The first time RPI brought in that highly volatile chemical was that morning and the accident occurred moments after they brought it in," Xcel attorney Cliff Stricklin said in August 2010. "We didn't see it. If we had more time perhaps we could have."

If found guilty of violating OSHA rules, no one from Xcel will go to prison, but the company could face a large fine.

On Tuesday prospective jurors were asked their opinions of Xcel and what they know about OSHA.

Opening statements in the trial are expected Wednesday morning.

Xcel could get up to a $500,000 fine for each of the five deaths if convicted.

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