Lawyer says no warning sirens sounded for the release of water that killed Leonard Nichols and Clifford Luther.
Oswego, NY -- The lawyer representing the families of two Southern Tier men who died while fishing in the Oswego River said Friday the report issued by Brookfield Renewable Power concerning sirens at its Varick plant is misleading.
Brookfield issued its incident report Wednesday concerning the deaths of Leonard Nichols, 45, of Wellsburg, and Clifford Luther, 52, of Horseheads. They were fishing the river Sept. 28 when water from the dam was released and swept the two fishermen down river.
Nichols died that day and Luther died Oct. 5.
Lawyer James Reed, of Elmira, said “if you read the actual data Brookfield supplied with its report, one critical fact becomes clear. Absolutely no warning sirens sounded for the release of water that killed Len and Cliff.”
The report from Brookfield states alarm sirens were sounded at 11:06 a.m. and 11:33 a.m. Sept. 28, each for three minutes. The 911 call for when the men were swept away came in at 12:44 p.m.
Reed said federal guidelines show support his position that alarms were not sounded at the proper time. “Under the Federal Energy Regulatory Commission’s Guidelines for Public Safety at Hydropower Projects, Brookfield was required to sound an audible warning 10-15 minutes before water was released. The guidelines recommend another warning siren should be sounded shortly before the actual release.”
“Len, Cliff and the other individuals caught in the unexpected rush of released water were experienced fishermen who had safely fished the Oswego River for more than 20 years," Reed said. "They always heeded the warning sirens, including a warning siren earlier that day.”