{"operation":"document","citation":"CPF 42023006NOPV","title":"INTERIOR GAS UTILITY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-05-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 193.2441(c), 193.2515(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023006nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023006nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023006nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42023006NOPV","body":"Notice of Probable Violation involving INTERIOR GAS UTILITY. PHMSA's enforcement data identifies the cited regulations as 193.2441(c),  193.2515(b). The case was opened on 2023-05-08 and is reported as closed as of 2025-03-21. Proposed civil penalty: $342,800. Assessed civil penalty: $52,200. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42023006NOPV_Closure Letter_03212025_(21-231718).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023006NOPV/42023006NOPV_Closure%20Letter_03212025_(21-231718).pdf\n\n42023006NOPV_Closure Letter_03212025_(21-231718)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023006NOPV/42023006NOPV_Closure%20Letter_03212025_(21-231718)_text.pdf\n\n42023006NOPV_Consent Agreement and Order_02012024_(21-231718).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023006NOPV/42023006NOPV_Consent%20Agreement%20and%20Order_02012024_(21-231718).pdf\n\n42023006NOPV_Consent Agreement and Order_02012024_(21-231718)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023006NOPV/42023006NOPV_Consent%20Agreement%20and%20Order_02012024_(21-231718)_text.pdf\n\n42023006NOPV_Operator RtN RfH Prelim Stmt of Issues_06072023_(21-231718).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023006NOPV/42023006NOPV_Operator%20RtN%20RfH%20Prelim%20Stmt%20of%20Issues_06072023_(21-231718).pdf\n\n42023006NOPV_PCP PCO_05082023_(21-231718).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023006NOPV/42023006NOPV_PCP%20PCO_05082023_(21-231718).pdf\n\n42023006NOPV_PCP PCO_05082023_(21-231718)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023006NOPV/42023006NOPV_PCP%20PCO_05082023_(21-231718)_text.pdf\n\n42023006NOPV_PHC Hearing Canceled_02162024_(21-231718).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023006NOPV/42023006NOPV_PHC%20Hearing%20Canceled_02162024_(21-231718).pdf\n\n42023006NOPV_PHC Hearing Canceled_02162024_(21-231718)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023006NOPV/42023006NOPV_PHC%20Hearing%20Canceled_02162024_(21-231718)_text.pdf\n\n42023006NOPV_PHC Hearing Scheduled_07112023_(21-231718).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023006NOPV/42023006NOPV_PHC%20Hearing%20Scheduled_07112023_(21-231718).pdf\n\n42023006NOPV_PHC Hearing Scheduled_07112023_(21-231718)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023006NOPV/42023006NOPV_PHC%20Hearing%20Scheduled_07112023_(21-231718)_text.pdf\n\n42023006NOPV_Closure Letter_03212025_(21-231718)_text.pdf\n\nVIA ELECTRONIC MAIL TO: esudduth@interiorgas.com\nMarch 21, 2025\nElena Sudduth\nGeneral Manager\nInterior Gas Utility\n2525 Phillips Field Road\nFairbanks, Alaska 99709\nCPF 4-2023-006-NOPV\nDear Ms. Sudduth:\nOn May 8, 2023, the Pipeline and Hazardous Materials Safety Administration (PHMSA),\npursuant to Chapter 601 of 49 United States Code (U.S.C.), issued of Probable Violation,\nProposed Civil Penalty, and Proposed Compliance Order (Notice) to Interior Gas Utility (IGU).\nThe Notice alleged that IGU experienced a rupture of its 8-inch natural gas distribution main at\n2942 Tria Road in Fairbanks, Alaska, on November 21, 2021. The rupture occurred after cold\nnatural gas vapors from LNG SS3 entered the downstream gas distribution system, and released\n559 mcf of natural gas and caused a shutdown of IGU’s LNG facility.\nOn February 1, 2024, PHMSA issued a Consent Order (Order) that incorporated a Consent\nAgreement between the parties that resolved the Notice. The Consent Agreement included a\nreduced Civil Penalty and Compliance Order. On February 14, 2024, IGU paid the reduced civil\npenalty in full. On June 19, 2024, IGU provided documenation verifying it had hired an\nadequate number of personnel and updated its training program. IGU presented the resulting\nreport from the third-party review of its equipment design and associated procedures on July 19,\n2024, along with its plan to implement the subsequent recommendations. IGU submitted a status\nupdate of the implementation plan on December 18, 2024. On December 19, 2024, IGU\nprovided documentation showing that existing and new personnel had completed the revised\ntraining program.\n\n\n\nPHMSA has reviewed the responses provided to demonstrate compliance with the Order and\ndetermined that IGU has satisfied the Compliance Order. Accordingly, this case is now closed\nand no further action is contemplated with respect to the matters involved in this case. Thank\nyou for your cooperation in this matter.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Zane D. Wilson, Counsel for IGU, CSG, Inc., zane@alaskalaw.com\n\n42023006NOPV_Consent Agreement and Order_02012024_(21-231718)_text.pdf\n\nFebruary 1, 2024\nVIA ELECTRONIC MAIL TO: esudduth@interiorgas.com\nElena Sudduth\nGeneral Manager\nInterior Gas Utility\n2525 Phillips Field Road\nFairbanks, Alaska 99709\nCPF No. 4-2023-006-NOPV\nDear Ms. Sudduth:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement between\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) and Interior Gas Utility\n(IGU), which was executed on January 22, 2024. Service of the Consent Order and Consent\nAgreement by electronic mail is deemed effective upon the date of transmission and\nacknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure: Consent Order and Consent Agreement\ncc: Mr. Bryan Lethcoe, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nMr. Zane D. Wilson, Counsel for IGU, CSG, Inc., zane@alaskalaw.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nInterior Gas Utility, ) CPF No. 4-2023-006-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated May 8, 2023, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed\nCivil Penalty, and Proposed Compliance Order (Notice) to Interior Gas Utility (IGU or\nRespondent).\nIn response to the Notice, Respondent requested a hearing on Item 1 and Item 2, contesting the\nunderlying violations, the proposed civil penalty for Item 1, and the proposed compliance order\nfor Item 1 and Item 2. Respondent also asked for the opportunity to meet informally with\nPHMSA to discuss Item 1 and Item 2 of the Notice. Respondent and PHMSA (the Parties)\nsubsequently met to discuss the issues raised in the Response. As a result of those discussions,\nas explained in more detail below, the Parties have agreed to a Consent Agreement which revises\nthe compliance order and reduces the civil penalty to $52,200.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. Respondent is hereby ordered to comply with the terms of the Consent\nAgreement pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with\nthis Consent Order may result in the assessment of civil penalties as set forth in 49 U.S.C.\n§ 60122 and 49 C.F.R. § 190.223, or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nThe terms and conditions of this Consent Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nFebruary 1, 2024\n______________________ ______________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n_______________________________________\nIn the Matter of )\nInterior Gas Utility, ) CPF No. 4-2023-006-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nOn November 21, 2021, Interior Gas Utility (IGU) experienced a rupture of its 8-inch natural gas\ndistribution main at 2942 Tria Road in Fairbanks, Alaska. Consequently, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), pursuant to Chapter 601 of 49 United States Code (U.S.C.), evaluated IGU’s liquified\nnatural gas (LNG) Storage Site #3 (SS3) Main in Fairbanks, Alaska, via videoconference.\nOn December 20, 2021, IGU notified PHMSA of two reportable incidents after cold natural gas\nvapors from LNG SS3 entered the downstream gas distribution system causing a rupture of an 8-\ninch distribution pipeline that released 559 mcf of natural gas and a shutdown of IGU’s LNG\nfacility.1\nThe Director, Southwest Region, OPS (Director), issued to Respondent, by letter dated May 8,\n2023, a Notice of Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Respondent\nviolated two provisions of 49 C.F.R. Part 193, proposed ordering Respondent to take certain\nmeasures to correct the alleged violations, and proposed a civil penalty of $342,800.\nIGU responded to the Notice by letter dated June 7, 2023 (Response). IGU requested a hearing\nand contested the underlying probable violations and the proposed civil penalty. IGU also\nrequested to meet informally with PHMSA to discuss the issues raised in its Response.\nPHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the\nResponse. As a result of these discussions and as explained in more detail below, the Parties\nhave agreed to a Consent Agreement which includes a finding of violation for Item 1, withdraws\nItem 2, includes a revised compliance order, and reduces the penalty to $52,200.\n1 IGU filed two separate incident reports for the emergency shutdown of its LNG facility and the rupture on its\nnatural gas distribution line.\n\n\n\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation and will serve the public interest by promoting safety and protection of the\nenvironment, pursuant to 49 U.S.C. § 60101, et seq. and 49 C.F.R. Part 190, and upon consent\nand agreement, the Parties hereby agree as follows:\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent\nacknowledges that it received proper notice of PHMSA’s action in this proceeding and that the\nNotice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq.,\nand the regulations and orders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety (Associate\nAdministrator), recommending that the Associate Administrator adopt the terms of this\nAgreement by issuing an administrative order (Consent Order) incorporating the terms of this\nAgreement. The terms of this Agreement constitute an offer of settlement until accepted by the\nAssociate Administrator. Once accepted, the Associate Administrator will issue a Consent Order\nincorporating the terms of this Agreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except for the Dispute Resolution\nprovisions set forth herein. Respondent agrees to withdraw its request for an administrative\nhearing regarding the Notice.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent’s officers, employees, and agents\nwhose duties might reasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete, and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements or understandings relating\nto settlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice.\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\n\n\n\nPHMSA’s right of access, entry, inspection, and information gathering or PHMSA’s authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a\npermit, or a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Except as set forth herein, this Agreement does not constitute a finding of\nviolation of any other federal law or regulation and may not be used in any civil proceeding of\nany kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any\nlaw, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this\nAgreement or in future PHMSA enforcement actions.\nII. Finding of Violation:\n11. Item 1 - 49 C.F.R. § 193.2441(c): The Notice alleged that IGU failed to have\npersonnel in continuous attendance in its control center or secondary control center while\ncomponents under its control were in operation in accordance with § 193.2441(c). Specifically,\nthe Notice alleged that due to the absence of continuous attendance in its control center, IGU\nfailed to notice low temperature alarms in its control center that required an emergency shutdown\nof its LNG facility. This event constitutes a reportable incident. Due to this failure, cold gas and\nLNG entered a gas distribution system, which embrittled an 8-inch underground pipeline that\nsubsequently ruptured and disrupted gas supply to 91 businesses and 144 residential homes.\nTherefore, PHMSA finds that IGU violated 49 C.F.R. § 193.2441(c).\n12. Item 1 will be considered by PHMSA as a prior offense in any future PHMSA\nenforcement action taken against Respondent for the five (5)-year period following the Effective\nDate of this Agreement.\nIII. Withdrawal of Allegation:\n\n\n\n13. Item 2 - 49 C.F.R. § 193.2515(b): The Notice alleged that IGU failed to take\nappropriate action to minimize recurrence of the incidents in accordance with § 193.2515(b).\nDue to the revised compliance order, and after review of additional information provided by\nIGU, PHMSA agrees to withdraw Item 2.\nIV. Civil Penalty:\n14. Item 1: The Notice proposed assessing a civil penalty in the amount of $342,800\nfor Item 1. Respondent requested a reduction of the proposed civil penalty and PHMSA agrees\nto reduce the civil penalty to $52,200. The reduction is based on reconsideration of the gravity\nof the violation after consideration of additional information provided by Respondent and based\non the specific circumstances in this case in consideration of Respondent’s small business\nclassification. Respondent agrees to pay a reduced civil penalty in the amount of $52,200 for the\nviolation in Item 1.\n15. Respondent shall pay an adjusted civil penalty in the amount of $52,200, pursuant\nto the payment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20 days\nfrom the Effective Date of this Agreement.\nV. Compliance Order:\n16. Item 1: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in Item 1. In its Response, Respondent contested the Proposed Compliance\nOrder for Item 1. As a result of the informal discussions and information provided by IGU\nregarding its efforts to hire and train sufficient control center operators, the Parties have agreed\nto the revised compliance order actions as follows:\n(a) Respondent must provide monthly progress reports to the Director\ndetailing its efforts to hire, train, and retrain control center personnel to be\nin continuous attendance in its control center while any components under\nits control are in operation in accordance with § 193.2441(c). Monthly\nreports must be submitted until adequate personnel are hired and trained.\nThe information that should be detailed in these monthly progress reports\nincludes, but is not limited to:\ni. Updates to the training program, including:\n1. Required qualifications and experience necessary for\nthe position of Control Center Operator.\n2. Establishment of shift lengths and schedule rotations\nthat provide controllers off-duty time sufficient to\nachieve eight hours of continuous sleep between shifts.\nii. Updates to the training procedures for control center operators\nthat must include specific training for:\n\n\n\n1. Monitoring components in which a hazard to persons or\nproperty could exist in accordance with the requirement\nin § 193.2507.\n2. Startup and shutdown performance testing.\n3. Recognizing abnormal operating conditions.\n4. Recognizing safety related conditions.\n5. Maintaining proper vaporization rate, temperature, and\npressure.\n6. Cooling down components as prescribed by §\n193.2505.\niii. Respondent’s efforts to hire adequate personnel to maintain 24-\nhour (i.e., continuous) control center coverage.\niv. Along with monthly progress reports, IGU must provide\nrecords for completion of the Control Center Operator training\nprogram for each newly hired controller.\nv. Respondent may hire a qualified third-party control center\nmanager, approved by the Director, to satisfy this compliance\naction. If Respondent engages a third-party control center\nmanager, IGU must ensure that the requirements of items (i)\nand (ii) are implemented into its control center management\nprocedures, and items (iii) and (iv) will be adjusted to reflect\nthe third-party context.\n(b) IGU must review and submit its response for Item 1 to the Director within\n90 days of the Effective Date.\n17. Item 2: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in Item 2. In its Response, Respondent contested the Proposed Compliance\nOrder for Item 2. As a result of the informal discussions and information provided by IGU\nregarding its actions in response to the incidents, the Parties have agreed to the revised\ncompliance order actions as follows:\n(a) IGU must engage a third-party firm, approved by the Director, to perform\na full review of its equipment design and associated procedures, focusing\non all equipment from the LNG tank to the metering system. The review\nmust include an evaluation of the effectiveness of the equipment sensors\nand control systems, and the overall design of the facility. The review\n\n\n\n(b) must also include an assessment of the operating procedures and the test\nrecords. Upon completion of the third-party review, IGU must present a\nplan to the Director detailing the strategy and timeline required to\nimplement the resulting recommendations.\nIGU must submit its plan to implement the recommendations of the third-\nparty design review to the Director within 180 days of the Effective Date.\nVI. Enforcement:\n18. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $257,664 per violation for each day the violation continues and\nreferral of the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondent is not complying with the terms of this Agreement in accordance with the\ndeterminations made by the Director, or in accordance with decisions of the Associate\nAdministrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil\npenalty amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223. All work plans and\nassociated schedules set forth or referenced in Section IV are automatically incorporated into this\nAgreement and are enforceable in the same manner.\nVII. Review and Approval Process:\n19. With respect to any submission under Section IV (Compliance Order) of this\nAgreement that requires the approval of the Director, the Director may: (a) approve, in whole or\nin part, the submission; (b) approve the submission on specified, reasonable conditions; (c)\ndisapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the\nDirector approves, approves in part, or approves with conditions, Respondent will take all\nactions as approved by the Director, subject to Respondent’s right to invoke the dispute\nresolution procedures with respect to any conditions the Director identifies. If the Director\ndisapproves all or any portion of the submission, the Director will provide Respondent a written\nnotice of the deficiencies. Respondent will correct all deficiencies within the time specified by\nthe Director and resubmit it for approval.\nVIII. Dispute Resolution:\n20. The Director and Respondent will informally attempt to resolve any disputes\narising under this Agreement, including any decision of the Director under the terms of Section\nIV. If Respondent and the Director are unable to informally resolve the dispute within 15\ncalendar days after the dispute is first raised, in writing, to the Director, Respondent may submit\na written request for a determination resolving the dispute from the Associate Administrator.\nSuch request must be made in writing and provided to the Director, counsel for the Southwest\nRegion, and to the Associate Administrator, no later than 10 calendar days from the 15-day\ndeadline for informal resolution referenced in this paragraph. Along with its request,\nRespondent must provide the Associate Administrator with all information Respondent believes\nis relevant to the dispute. Decisions of the Associate Administrator under this paragraph will\nconstitute final agency action. The existence of a dispute and PHMSA’s consideration of matters\n\n\n\nplaced in dispute will not excuse, toll, or suspend any term or timeframe for completion of any\nwork to be performed under this Agreement during the pendency of the dispute resolution\nprocess.\nIX. Effective Date:\n21. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator, incorporating the terms of this Agreement.\nX. Recordkeeping and Information Disclosure:\n22. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at\nleast five (5) years following completion of all work to be performed. For any reports, plans, or\nother deliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent\nmay assert a claim of business confidentiality or other protections applicable to the release of\ninformation by PHMSA, covering part or all of the information required to be submitted to\nPHMSA pursuant to this Agreement in accordance with 49 C.F.R. Part 7. Respondent must\nmark the claim of confidentiality in writing on each page and include a statement specifying the\ngrounds for each claim of confidentially. PHMSA determines release of any information\nsubmitted pursuant to this Agreement in accordance with 49 C.F.R. Part 7, the Freedom of\nInformation Act, 5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations\nand Executive Orders.\nXI. Modification:\n23. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\nXII. Termination:\n24. This Agreement will remain in effect until the Civil Penalty is paid in full and the\nCompliance Order in Section IV is satisfied, as determined by the Director. The Agreement\nshall not terminate until the Director confirms, in writing, that the Agreement is terminated in\naccordance with this paragraph. Nothing in this Agreement prevents Respondent from\ncompleting any of the obligations earlier than the deadlines provided for in this Agreement.\nXIII. Ratification:\n25. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n26. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n\n\n\nFor Interior Gas Utility:\n________________________________________\nElena Sudduth\nGeneral Manager\n________________________\nDate\nFor PHMSA:\n________________________________________\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\n________________________\nDate\n\n42023006NOPV_PHC Hearing Canceled_02162024_(21-231718)_text.pdf\n\nDate: February 16, 2024\nFrom: Kelsey Gagnon\nTo: File\nRe: Withdrawal of Hearing Request, Interior Gas Utility, 4-2023-006-NOPV\nOn February 6, 2024, Interior Gas Utility, by email, withdrew its request for a hearing for 4-\n2023-006-NOPV, which it submitted on June 7, 2023. The hearing, scheduled for February 28,\n2024, has been cancelled.\n\n42023006NOPV_PHC Hearing Scheduled_07112023_(21-231718)_text.pdf\n\nJuly 11, 2023\nVIA ELECTRONIC MAIL TO: dwbritton@interiorgas.com and bryan.lethcoe@dot.gov\nMr. Daniel Britton\nGeneral Manager\nInterior Gas Utility\n2525 Phillips Field Road\nFairbanks, Alaska 99709\nMr. Bryan Lethcoe\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n8701 South Gessner Road, Suite 630\nHouston, Texas 77074\nRe: Notice of Hearing, Interior Gas Utility\nCPF No. 4-2023-006-NOPV\nDear Mr. Britton and Mr. Lethcoe:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued by the\nPipeline and Hazardous Materials Safety Administration in the above-referenced case. The\nhearing will take place on February 8, 2024, beginning at 8:30 a.m. Alaska Time.\nThe hearing will be held at the PHMSA Alaska office, 188 West Northern Lights Blvd., Suite\n520, Anchorage, Alaska 99503. Upon arrival at the building, attendees will be required to\npresent photo identification to security personnel. A contact phone number for the day of the\nhearing is (907) 271-6517.\nAt least 10 calendar days prior to the hearing (or by January 29, 2024), both parties must submit\nand exchange any additional written materials they intend to present at the hearing and the name\nand email address of each attendee. This information should be provided electronically.\nMaterials not submitted by this date may be excluded. If you have any questions, please do not\nhesitate to contact me.\nIf you have any questions, please do not hesitate to contact me.\n\n\n\nSincerely,\nLarry White\nPresiding Official\ncc: Mr. Zane Wilson, Counsel, Alaska Law, zane@alaskalaw.com\nMr. Ian Curry, Counsel, Southwest Region, Office of Pipeline Safety, PHMSA\nian.curry@dot.gov","truncated":false,"body_characters":29001}