# PALO ALTO, CITY OF — Notice of Amendment **Citation:** CPF 52023051NOA **Type / status:** enforcement / historical **Agency:** Pipeline and Hazardous Materials Safety Administration **Effective:** Not stated **Published:** 2023-10-27 CLOSED notice of amendment citing 192.605(b)(1), 192.616(c). ## Document text Notice of Amendment involving PALO ALTO, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.605(b)(1), 192.616(c). The case was opened on 2023-10-27 and is reported as closed as of 2024-03-26. Open the official case record for notices, responses, orders, and the latest status. Official case documents: 52023051NOA_Closure Letter_03262024_(22-246104).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Closure%20Letter_03262024_(22-246104).pdf 52023051NOA_Closure Letter_03262024_(22-246104)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Closure%20Letter_03262024_(22-246104)_text.pdf 52023051NOA_Notice of Amendment_10272023_(22-246104).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Notice%20of%20Amendment_10272023_(22-246104).pdf 52023051NOA_Notice of Amendment_10272023_(22-246104)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Notice%20of%20Amendment_10272023_(22-246104)_text.pdf 52023051NOA_Operator Response to Notice_12222023_(22-246104).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Operator%20Response%20to%20Notice_12222023_(22-246104).pdf 52023051NOA_Closure Letter_03262024_(22-246104)_text.pdf VIA ELECTRONIC MAIL TO: ED.SHIKADA@CITYOFPALOALTO.ORG March 26, 2024 Mr. Ed Shikada Assistant City Manager City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 CPF 5-2023-051-NOA Closure Letter Dear Mr. Shikada: On August 15 through 19, 2022, representatives of the California Public Utilities Commission (CPUC), on behalf of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected the City of Palo Alto (CPA) Utilities natural gas distribution system Damage Prevention procedures and records. As a result of the inspection, CPA was issued a Notice of Amendment on October 27, 2023, which proposed amendment of your procedures. CPA submitted its amended procedures on December 22, 2023. My staff reviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment have been corrected. This letter is to inform you no further action is necessary and this case is now closed. Thank you for your cooperation. Sincerely, Dustin Hubbard Director, Western Region Pipeline and Hazardous Materials Safety Administration cc. PHP-60 Compliance Registry PHP-500 J. Dunphy (#22-246104) Dean Batchelor, Director Utilities, dean.batchelor@cityofpaloalto.org Terrence Eng, Program Manager, Gas Safety and Reliability Branch California Public Utilities Commission 52023051NOA_Notice of Amendment_10272023_(22-246104)_text.pdf NOTICE OF AMENDMENT VIA ELECTRONIC MAIL TO: ED.SHIKADA@CITYOFPALOALTO.ORG October 27, 2023 Mr. Ed Shikada Assistant City Manager City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 CPF 5-2023-051-NOA Dear Mr. Shikada: On August 15 through 19, 2022, representatives of the California Public Utilities Commission (CPUC), on behalf of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected the City of Palo Alto Utilities (CPA) natural gas distribution system’s damage prevention procedures and records. On the basis of this inspection, PHMSA has identified the apparent inadequacy found within the CPA’s procedures, as described below: 1. § 192.605 Procedural manual for operations, maintenance, and emergencies. (a) … (b) Maintenance and normal operations. The manual required by paragraph (a) of this section must include procedures for the following, if applicable, to provide safety during maintenance and operations. (1) Operating, maintaining, and repairing the pipeline in accordance with each of the requirements of this subpart and subpart M of this part. CPA’s procedures were inadequate to ensure the safe operation of a pipeline facility. Specifically, CPA’s Operations and Maintenance (O&M) manual does not contain procedures for the maintenance and calibration of equipment used in joining plastic pipe1 . Therefore, CPA must amend its procedures to include detailed instructions for the maintenance and calibration of all equipment used in the joining of plastic pipe. 2. § 192.616 Public awareness. (a) … (c) The operator must follow the general program recommendations, including baseline and supplemental requirements of API RP 1162, unless the operator provides justification in its program or procedural manual as to why compliance with all or certain provisions of the recommended practice is not practicable and not necessary for safety. CPA’s procedures were inadequate to ensure the safe operation of a pipeline facility. Specifically, the CPA Public Awareness Program fails to consider or define use of relevant factors listed in API RP 1162 Section 6.2 IBR2. CPA must amend its Public Awareness Program to consider and define use of relevant factors listed in API RP 1162 Section 6.2. Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Enforcement Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b). Following the receipt of this Notice, you have 30 days to submit written comments, revised procedures, or a request for a hearing under §190.211. If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not 1 § 192.756 Joining plastic pipe by heat fusion; equipment maintenance and calibration. 2 § 192.7(b)(5) API Recommended Practice 1162, “Public Awareness Programs for Pipeline Operators,” 1st edition, December 2003, (API RP 1162), IBR approved for § 192.616(a), (b), and (c). contesting this Notice, we propose that you submit your amended procedures to my office within 30 days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. It is requested (not mandated) that City of Palo Alto maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this matter, please refer to CPF 5-2023-051-NOA and, for each document you submit, please provide a copy in electronic format whenever possible. Please copy the CPUC Program Manager on all correspondence. Sincerely, Dustin Hubbard Director, Western Region Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Enforcement Proceedings cc. PHP-60 Compliance Registry PHP-500 J. Dunphy (#22-246104) Terrence Eng, Program Manager, Gas Safety and Reliability Branch California Public Utilities Commission ## Provenance - Official: Yes - Source: - Source ID: `phmsa-enforcement` - SHA-256: `ca2f42f942f987d03b4bb43c40e38851c89d5603a63e2790da4b95268045e87e` - Retrieved: 2026-08-20T04:44:44.458Z - Exported: 2026-08-22T15:41:52.640Z - Document slug: `phmsa-enforcement-52023051noa` ### Source metadata ```json { "cpf": "52023051NOA", "operator": "PALO ALTO, CITY OF", "region": "Western", "pipelineType": "DISTRIBUTION MUNICIPAL", "caseStatus": "CLOSED", "citedSections": [ "192.605(b)(1)", "192.616(c)" ], "dataAsOf": "08/04/2026 12PM", "caseDataAsOf": "2026-08-04", "attachmentCount": 5, "attachments": [ { "name": "52023051NOA_Closure Letter_03262024_(22-246104).pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Closure%20Letter_03262024_(22-246104).pdf", "bytes": 245520, "category": "agency_document" }, { "name": "52023051NOA_Closure Letter_03262024_(22-246104)_text.pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Closure%20Letter_03262024_(22-246104)_text.pdf", "bytes": 86702, "category": "agency_document" }, { "name": "52023051NOA_Notice of Amendment_10272023_(22-246104).pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Notice%20of%20Amendment_10272023_(22-246104).pdf", "bytes": 310854, "category": "agency_document" }, { "name": "52023051NOA_Notice of Amendment_10272023_(22-246104)_text.pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Notice%20of%20Amendment_10272023_(22-246104)_text.pdf", "bytes": 154816, "category": "agency_document" }, { "name": "52023051NOA_Operator Response to Notice_12222023_(22-246104).pdf", "url": "https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Operator%20Response%20to%20Notice_12222023_(22-246104).pdf", "bytes": 1107828, "category": "party_submission" } ], "extractedAgencyDocumentCount": 2, "attachmentPolicy": "Official attachment links are retained. Agency-issued documents may also include a verified local PDF and page-level text representation.", "jurisdiction": "US", "operatorName": "PALO ALTO, CITY OF" } ```