# HAWAII ELECTRIC LIGHT — Notice of Probable Violation

- **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:** Not available
- **summary:** CLOSED notice of probable violation citing 195.402(c)(12), 195.404(a)(4), 195.404(b)(2), 195.412(a).
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- **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.

Official case documents:

520025031_final order_11302004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520025031/520025031_final%20order_11302004.pdf

520025031_final order_11302004.pdf

U.S. Department
of Transportation
Research and
Special Programs
Administration
400 S e v e n t h St . S W
Washington. D.C 20590
NOV 3 0 ~ $ 4
Warren Lee
President
Hawaii Electric Light Company, Inc.
54 Halekauila Street
Hilo, HI 96721-1027
Re: CPF KO. 5-2002-503 1
Dear Mr. Lee:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. It makes a finding of violation, finds that you have completed the actions
specified in the Notice required to comply with the pipeline safety regulations, and that you have
addressed the inadequacies in your procedures that were cited in the Notice of Amendment. This
case is now closed. Your receipt of the Final Order constitutes service of that document under
49 C.F.R. tj 190.5.
Sincerely,
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
cc: Don Heinzen, P.E.
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



DEPARTMENT OF TRANSPORTATION
RESEARCH AND,SPECIAL PROGRAMS ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
In the Matter of )
Hawaii Electric Light Company, Inc.,)
)
)
Respondent. )
CPF NO. 5-2002-503 1
FINAL ORDER
On April 10-12, 2002, pursuant to 49 U.S.C. fj 601 17, a representative of the Office of Pipeline
Safety (OPS) conducted an on-site pipeline safety inspection of Respondent's facilities and records
in Hilo, Hawaii. As a result of the inspection, the Director, Western Region, OPS, issued to
Respondent, by letter dated September 11, 2002, a Notice of Probable Violation, Proposed
Compliance Order, and Notice of Amendment (Notice). In accordance with 49 C.F.R. 9 190.207,
the Notice proposed finding that Respondent had violated 49 C.F.R. 9 195.404(b) and proposed that
Respondent take certain measures to correct the alleged violation. The Notice also proposed, in
accordance with 49 C.F.R. 9 190.237, that Respondent amend its procedures for Operations,
Maintenance and Emergencies and system maps.
Respondent responded to the Notice by letter dated October 9,2002 (Response). Respondent did
not contest the allegation of violation but provided information concerning the corrective action it
had taken. Respondent did not request a hearing, and therefore has waived its right to one.
FINDING OF VIOLATION
In its Response, Respondent did not contest the alleged violation in the Notice. Accordingly, I find
that Respondent violated the following section of 49 C.F.R. Part 195, as more fully described in the
Notice:
49 C.F.R. 9 195.404(b) --failing to maintain and retain for 3 years daily operating records
that properly capture-at each pump station-the maximum and minimum pressures that
occur during the operation of the pipeline.
Tnis finding of violation will be considered a prior offense in any subsequent enforcement actior?
taken against Respondent.



COMPLIANCE ORDER
The Notice proposed a compliance order for violation of 49 C.F.R. 9 195.404(b). Under 49 U.S.C.
4 601 18(a), each person who engages in the transportation of hazardous liquids or who owns or
operates a pipeline facility is required to comply with the applicable safety standards established
under Chapter 601. The Regional Director has indicated that Respondent submitted documentation
demonstrating Respondent is now recording and storing pipeline pressures at five second intervals
and provided information on the cost of implementation. Accordingly, since compliance has been
achieved with respect to this violation, the compliance terms are not included in this Order.
AMENDMENT OF PROCEDURES AND MAPPING RECORDS
TheNotice alleged inadequacies in Respondent's Operations, Maintenance and Emergencies Manual
and system maps. The Notice proposed to require amendment of Respondent's liaison procedures
and system maps to ccmply with the requirements of 49 C.F.R. 5s !95.402(~)(12) md 195.404(a).
In its Response, Respondent submitted copies of its amended liaison procedures and system maps,
which the Director, Western Region, OPS reviewed. Accordingly, based on the results of this
review, I find that Respondent's original liaison procedures and system maps, as described in the
Notice, were inadequate to ensure safe operation of its pipeline system, but that Respondent has
corrected the identified inadequacies. No need exists to issue an order directing amendment.
WARNING ITEMS
The Notice did not propose a civil penalty or corrective action for Item 4 in the Notice, for
Respondent's failure to document at least 26 inspections per year of each pipeline right-of-way at
intervals not exceeding 3 weeks, as required by 49 C.F.R. fj 195.412(a). The Notice warned
Respondent that it should take appropriate action to correct the failure to inspect at adequate
intervals. Respondent presented information in its Response demonstrating that it has addressed the
cited item. Respondent is warned that if OPS finds a violation for this item in a subsequent
inspection, enforcement action will be taken.
Under 49 C.F.R. tj 190.2 15, Respondent has a right to submit a Petition for Reconsideration of this
Final Order. The petition must be received within 20 days of Respondent's receipt of this Final
Order and must contain a brief statement of the issue(s). The terms and conditions of this Final
Order are effective on receipt.
NOV 3 0
I n
Stacey Gerard P Date Issued
Associate Administrator
for Pipeline Safety
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