CBS/AP/ October 5, 2010, 1:31 PM

Oil Spill Panel: Transocean Thwarting Probe

Updated 2:57 P.M.

Members of a federal panel investigating the Gulf of Mexico rig explosion and oil spill on Tuesday accused Transocean, which owned the BP-operated rig, of thwarting their efforts to get to critical documents and a witness.

The co-chair of the panel, U.S. Coast Guard Capt. Hung Nguyen, told a packed hearing room in a New Orleans suburb that members have been trying for two months to get Transocean to turn over materials related to its compliance with international safety management codes.

Nguyen said the panel also has been unable to get a specific Transocean manager to come in and testify about safety.

Special Section: Disaster in the Gulf

Transocean lawyers said the document request is too cumbersome. They said whether the witness testifies isn't within their control.

Nguyen said one of the key elements the panel has been trying to analyze is the safety culture at the companies involved in the April 20 disaster, including Transocean. He said the panel will have to make conclusions and recommendations whether or not Transocean supplies the information, so he encouraged them to comply.

"We did issue two subpoenas for the same thing. Each time we were told it was irrelevant and burdensome," Nguyen said. "If they are burdensome, that means there is something going on with your safety management system."

Another panel member, Coast Guard Capt. Mark Higgins, said the board has been "thwarted in some respect" in getting to the witness that members want to question.

"I would encourage you to look at this as an opportunity to disprove what we have seen through this small window as to the culture at Transocean," Higgins said.

Transocean lawyer Ned Kohnke said the company has acted in good faith and produced everything it believes it should. He said the panel has the right to go to court to enforce the subpoena if it wants.

"How you can say we are thwarting is beyond me," Kohnke said.

He accused the board of making improper conclusions, not following its own rules of procedure and not asking questions properly of other witnesses who have testified.

Earlier Tuesday, a Transocean official testified that water poured onto the burning rig after the Gulf of Mexico explosion was meant to keep the vessel cool so it could be stabilized, not to put out the fire.

There were missing workers and an intense search and rescue effort ongoing in the hours after the blast.

But Robert McKechnie, a director in Transocean's engineering and technical support group, told the joint U.S. Coast Guard-Bureau of Energy Management, Regulation and Enforcement investigative panel that he believes there was no way to put out the fire with water alone, so the goal was to maintain the integrity of the structure to give officials the best chance of bringing the ruptured undersea oil well under control.

"You're not going to put out an oilfield blowout with water," McKechnie said.

Eleven workers were killed, and 206 million gallons of oil spewed from the well before it was capped three months later, according to federal estimates.

There were several boats that came to the scene and spent hours trying to put out the fire on the rig before it sank. But who was in charge of that effort and the preparedness of the companies involved with the rig in responding to a massive fire at sea have been key issues the federal panel has been probing.

The panel was holding its fifth series of hearings this week.

In other developments Tuesday, President Barack Obama signed a widely expected executive order establishing a Gulf Coast Restoration Task Force. The panel, which was recommended by Navy Sec. Ray Mabus in the restoration plan he released last week, will be led by Environmental Protection Agency administrator Lisa Jackson.

Obama's order asks the task force within a year to issue a strategy that will provide a roadmap for restoration efforts.
© 2010 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
3 Comments Add a Comment
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rockcutr says:
Start arresting transocean and bp lawyers...stuff will fall out of the wood work then...What makes these jerks off limits. They are conspiring to cover a crime.
So, nail them to the wall.
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robertsgt40 says:
Memo to Capt Nguyen: the reason the rig owners won't cooperate with you is because they don't have to. Both BP and Transocean will walk on this. They are protected by Congress. BP have killed the Gulf for decades. Want to know where the oil is? It's on the bottom. They're still spraying to cover up the crime. We have the best congress money can buy. Put in you 20yrs and retire.
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sjc_1 says:
All the documents and testimony can be used against them in criminal and civil courts then they wonder why there is no open and forthcoming cooperation...get real.
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