{"operation":"document","citation":"CPF 520025031","title":"HAWAII ELECTRIC LIGHT — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-09-11","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(c)(12), 195.404(a)(4), 195.404(b)(2), 195.412(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520025031.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520025031.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520025031","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520025031","body":"Notice of Probable Violation involving HAWAII ELECTRIC LIGHT. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(12),  195.404(a)(4),  195.404(b)(2),  195.412(a). The case was opened on 2002-09-11 and is reported as closed as of 2004-11-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520025031_final order_11302004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520025031/520025031_final%20order_11302004.pdf\n\n520025031_final order_11302004.pdf\n\nU.S. Department\nof Transportation\nResearch and\nSpecial Programs\nAdministration\n400 S e v e n t h St . S W\nWashington. D.C 20590\nNOV 3 0 ~ $ 4\nWarren Lee\nPresident\nHawaii Electric Light Company, Inc.\n54 Halekauila Street\nHilo, HI 96721-1027\nRe: CPF KO. 5-2002-503 1\nDear Mr. Lee:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation, finds that you have completed the actions\nspecified in the Notice required to comply with the pipeline safety regulations, and that you have\naddressed the inadequacies in your procedures that were cited in the Notice of Amendment. This\ncase is now closed. Your receipt of the Final Order constitutes service of that document under\n49 C.F.R. tj 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Don Heinzen, P.E.\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND,SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of )\nHawaii Electric Light Company, Inc.,)\n)\n)\nRespondent. )\nCPF NO. 5-2002-503 1\nFINAL ORDER\nOn April 10-12, 2002, pursuant to 49 U.S.C. fj 601 17, a representative of the Office of Pipeline\nSafety (OPS) conducted an on-site pipeline safety inspection of Respondent's facilities and records\nin Hilo, Hawaii. As a result of the inspection, the Director, Western Region, OPS, issued to\nRespondent, by letter dated September 11, 2002, a Notice of Probable Violation, Proposed\nCompliance Order, and Notice of Amendment (Notice). In accordance with 49 C.F.R. 9 190.207,\nthe Notice proposed finding that Respondent had violated 49 C.F.R. 9 195.404(b) and proposed that\nRespondent take certain measures to correct the alleged violation. The Notice also proposed, in\naccordance with 49 C.F.R. 9 190.237, that Respondent amend its procedures for Operations,\nMaintenance and Emergencies and system maps.\nRespondent responded to the Notice by letter dated October 9,2002 (Response). Respondent did\nnot contest the allegation of violation but provided information concerning the corrective action it\nhad taken. Respondent did not request a hearing, and therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, Respondent did not contest the alleged violation in the Notice. Accordingly, I find\nthat Respondent violated the following section of 49 C.F.R. Part 195, as more fully described in the\nNotice:\n49 C.F.R. 9 195.404(b) --failing to maintain and retain for 3 years daily operating records\nthat properly capture-at each pump station-the maximum and minimum pressures that\noccur during the operation of the pipeline.\nTnis finding of violation will be considered a prior offense in any subsequent enforcement actior?\ntaken against Respondent.\n\n\n\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order for violation of 49 C.F.R. 9 195.404(b). Under 49 U.S.C.\n4 601 18(a), each person who engages in the transportation of hazardous liquids or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunder Chapter 601. The Regional Director has indicated that Respondent submitted documentation\ndemonstrating Respondent is now recording and storing pipeline pressures at five second intervals\nand provided information on the cost of implementation. Accordingly, since compliance has been\nachieved with respect to this violation, the compliance terms are not included in this Order.\nAMENDMENT OF PROCEDURES AND MAPPING RECORDS\nTheNotice alleged inadequacies in Respondent's Operations, Maintenance and Emergencies Manual\nand system maps. The Notice proposed to require amendment of Respondent's liaison procedures\nand system maps to ccmply with the requirements of 49 C.F.R. 5s !95.402(~)(12) md 195.404(a).\nIn its Response, Respondent submitted copies of its amended liaison procedures and system maps,\nwhich the Director, Western Region, OPS reviewed. Accordingly, based on the results of this\nreview, I find that Respondent's original liaison procedures and system maps, as described in the\nNotice, were inadequate to ensure safe operation of its pipeline system, but that Respondent has\ncorrected the identified inadequacies. No need exists to issue an order directing amendment.\nWARNING ITEMS\nThe Notice did not propose a civil penalty or corrective action for Item 4 in the Notice, for\nRespondent's failure to document at least 26 inspections per year of each pipeline right-of-way at\nintervals not exceeding 3 weeks, as required by 49 C.F.R. fj 195.412(a). The Notice warned\nRespondent that it should take appropriate action to correct the failure to inspect at adequate\nintervals. Respondent presented information in its Response demonstrating that it has addressed the\ncited item. Respondent is warned that if OPS finds a violation for this item in a subsequent\ninspection, enforcement action will be taken.\nUnder 49 C.F.R. tj 190.2 15, Respondent has a right to submit a Petition for Reconsideration of this\nFinal Order. The petition must be received within 20 days of Respondent's receipt of this Final\nOrder and must contain a brief statement of the issue(s). The terms and conditions of this Final\nOrder are effective on receipt.\nNOV 3 0\nI n\nStacey Gerard P Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":5908}