Railroad secrets: FRA implores transparency from Canadian Pacific on bridge, but is that happening?
MILWAUKEE -- Six months ago, FOX6 News uncovered a risk on the rails -- safety concerns with a Canadian Pacific railroad bridge over S. 1st Street in Milwaukee's Fifth Ward.
FOX6's investigation has now exposed more than just a problem with that overpass. It has torn the veil of secrecy off the railroad's "bridge inspection process."
All of the committee chairs with the Milwaukee Common Council came together on Thursday morning, October 29th because of what FOX6's report revealed about that rusting railroad bridge.
"The concern obviously that has been raised in this case by one of our local media stations -- Channel 6," Michael Murphy, Common Council president said.
The corroded support columns and piles of peeling metal indicating the bridge hadn't been closely inspected in years were bad enough -- but Canadian Pacific's blanket refusal to let us see its inspection reports (evidence that the inspections even happened) led to this: City leaders also frustrated by Canadian Pacific's refusal.
"Is there a federal regulation that specifically precludes you handing it over to our commissioner of public works?" Alderman Robert Bauman asked.
"We wanted to know if the bridges were inspected. You can't even tell us that," Alderman Terry Witkowski said.
"Show us the engineer reports so we can have a third party review them and make sure what you're telling us is true -- rather than now having this secret relationship," Murphy said.
That secret relationship is with the Federal Railroad Administration.
Under law, only the FRA can demand those reports from Canadian Pacific, and twice, the FRA has responded to FOX6 Freedom of Information Act requests saying it doesn't have any.
"What is the reluctance for the CP and other railroads for wanting those inspection reports to be made more public?" Murphy said.
Herb Jones with Canadian Pacific
"These are technical reports written by engineering professionals. They aren't written as public documents any more than I would say if your doctor conducts a physical he's putting together a report for those purposes, not for public consumption," Herb Jones with Canadian Pacific said.
"I think that was quite an answer. The reason medical records are kept private is not because we're worried the public doesn't have a medical degree. It's because of the privacy of the patient. Saying the public may not understand what an engineer wrote -- of course the public may not understand what an engineer wrote -- but that's not a reason to not let the public read the document. It's not even close to a reason. Some members of the public are engineers and they are smart enough to figure this out. I was just floored by that answer," Alderman Nik Kovac said.
Canadian Pacific and the Federal Railroad Administration
After FOX6's investigation, the FRA came under pressure to open up the process.
"We're basically encouraging the railroad industry to work more closely with communities and states on that issue," Steve Illich with the Federal Railroad Administration said.
That encouragement came in the form of a letter last month -- asking the railroad companies to be more transparent.
Steve Illich with the Federal Railroad Administration
"Hopefully we'll see a response from the class one railroads," Illich said.
"So in other words, it's as meaningless as the paper it's written on," Alderman Jim Bohl said.
Proof of that was on display just minutes later Thursday.
"If you have concerns, we can put technical people who have an understanding of the structure itself in a closed meeting with you to address those types of concerns," Jones said.
"I thank you for your offer of a closed meeting to go over that, but once again, it's all about transparency for us," Murphy said.
FOX6's Brad Hicks:"Why are you offering to meet only behind closed doors and not with the media?"
"I explained that at the meeting," Jones said.
FOX6's Brad Hicks confronts Canadian Pacific's Herb Jones
Brad Hicks: "What was the answer? I didn't hear it."
"Talk to public affairs. Thank you," Jones said.
Brad Hicks: "The FRA just sent a letter to you last month imploring the railroads, imploring Canadian Pacific, to be more transparent. Is this the kind of transparency we're talking about? Is this the new transparency?"
"We've offered to have a meeting with the aldermen here behind closed doors," Jones said.
Brad Hicks: "Yes -- but without the public present, without the media present. Is this the new transparency?"
And with that, the door was locked. The only thing transparent was the window through which we could watch.
Related stories:
October 1st, 2015: “Risk on the Rails:” Repairs coming to S. 1st Street bridge, but one expert says that won’t solve the problem
July 14th, 2015: FOX6 investigation gets results: Federal government orders Canadian Pacific to turn over bridge inspection reports
July 9th, 2015: Common Council members stunned to learn railroad bridge inspection reports are unavailable
July 8th, 2015: Latest: FOX6 exposes safety concerns on railroad bridge over S. 1st St., city engineer to inspect it
July 7th, 2015: Protest over Bakken oil trains in Milwaukee: “I don’t want to be one of those 47 people who blow up and die”
May 27th, 2015: “We need to take action now:” Tammy Baldwin’s bill would take ALL train cars carrying crude off tracks
May 21st, 2015: “I want you guys out of here!” Canadian Pacific not happy to see FOX6 crew as 1st St. bridge inspected
May 20th, 2015: FOX6 investigation reveals corrosion on Fifth Ward railroad bridge, gets results! Inspection underway
May 12th, 2015: “This needs to be fixed:” FOX6 finds a new “risk on the rails,” could Milwaukee be the next Quebec?
May 1st, 2015: New federal rules regarding Bakken oil trains aim to make them safer
April 29th, 2015: Common Council now on board with Bakken oil train issue: “We have this going through the city”
April 8th, 2015: “Bombs on the railway:” Issue of crude oil trains traveling through Milwaukee makes its way to City Hall
November 18th, 2014: “Bombs on the railway?” Trains moving large amounts of ‘Bakken’ crude oil are crashing, burning, exploding