{"operation":"document","citation":"CPF 520045024","title":"HAWAII ELECTRIC LIGHT — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-10-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(b)(3), 195.452(e)(1), 195.452(f)(1), 195.452(f)(4), 195.452(i)(1), 195.452(j)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520045024.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520045024.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520045024","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520045024","body":"Notice of Probable Violation involving HAWAII ELECTRIC LIGHT. PHMSA's enforcement data identifies the cited regulations as 195,  195.452(b)(3),  195.452(e)(1),  195.452(f)(1),  195.452(f)(4),  195.452(i)(1),  195.452(j)(1). The case was opened on 2004-10-08 and is reported as closed as of 2006-09-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520045024_final order_09202006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520045024/520045024_final%20order_09202006.pdf\n\n520045024_final order_09202006.pdf\n\nU.S. Department 400 Seventh Street, S.W.\nof Transportation Washington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety Administration\nSEP 2 0 2036\nW. Lee\nPresident\nHawaii Electric Light Company, Inc.\nPO Box 1027\n54 Halekauila Street\nHilo, Hawaii 96721 -1 027\nRe: CPF No. 5-2004-5024\nDear W. Lee:\nEnclosed is the Final Order issued by the Acting Associate Administrator for Pipeline\nSafety in the above-referenced case. It makes a finding of violation and finds that you have\ncompleted the actions specified in the Notice required to comply with the pipeline safety\nregulations. The Final Order also finds that you have addressed the inadequacies in your\nprocedures that were cited in the Notice of Amendment. This case is now closed. Your\nreceipt of the Final Order constitutes service under 49 C.F.R. 5 190.5.\nSincerely,\n.L.'\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: W. Lee, President, Hawaii Electric Light Company, Inc.\nS. Oppenheimer, HECO Legal Dept.\nChris Hoidal, P.E., Director, Western Region, PHMSA\nCERTIFIED MAIL -RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of 1\nHawaii Electric Light Company, Inc. ) CPF NO. 5-2004-5024\n)\nRespondent\nFINAL ORDER\nOn March 22 and 23,2004, pursuant to 49 U.S.C. 8 601 17, a representative of the Pipeline and\nHazardous Materials Safety Administration's (PHMSA'S)' Office of Pipeline Safety conducted\nan on-site pipeline safety inspection of Respondent's Integrity Management Program (IMP) in\nHilo, Hawaii. As a result of the inspection, the Director, Western Region, PHMSA issued to\nRespondent, by letter dated October 8,2004, a Notice of Probable Violation, Proposed\nCompliance Order, and Notice of Amendment (Notice). In accordance with 49 C.F.R.\n$ 190.207, the Notice proposed finding that Respondent had violated 49 C.F.R. Part 195 and\nproposed ordering Respondent to take certain measures to correct the alleged violation. The\nNotice also proposed, in accordance with 49 C.F.R. 8 190.237, that Respondent amend its\nprocedures/plans. The Notice also warned Respondent to take appropriate corrective action.\nRespondent responded to the Notice by letter dated March 6,2005 ( ~ e s ~ o n s e ) . ~ Respondent did\nnot appear to contest the allegation of violation but provided information concerning the\ncorrective actions it has taken, including copies of its revised procedures. Respondent did not\nrequest a hearing, and therefore has waived its right to one.\nI\nEffective February 20, 2005, the Pipeline and Hazardous Materials Safety Administration (PHMSA) succeeded\nResearch and Special Programs Administration as the agency responsible for regulating safety in pipeline\ntransportation and hazardous materials transportation. See, section 108 of the Norman Y. Mineta Research and\nSpecial Programs Improvement Act (Public Law 108-426, 11 8 Stat. 2423-2429 (November 30,2004)). See also, 70\nFed. Reg. 8299 (February 18, 2005) redelegating the pipeline safety authorities and functions to the PHMSA\nAdministrator.\nWe note that the Response contains typos in reference to the Notice, e.g., second Notice Item 3d should be Notice\nItem 3g, second Notice Item 6b should be Notice Item 6c, etc. Since descriptions accompanied these references, we\nassume that Respondent overlooked correcting the typos when it prepared its Response.\n\n\n\nFINDING OF VIOLATION\nIn its Response, Respondent did not state that it contested the alleged violation in the Notice.\nAccordingly, I find that Respondent violated 49 C.F.R. 8 195.452(i)(l), as more fully described\nin Notice Item 5c, by failing to have in place a process to evaluate the need for Emergency Flow\nRestricting Devices. This finding of violation will be considered a prior offense in any\nsubsequent enforcement action taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to the violation in Notice Item 5c. Under\n49 U.S.C. 8 601 18(a), each person who engages in the transportation of hazardous liquids or who\nowns or operates a pipeline facility is required to comply with the applicable safety standards\nestablished under Chapter 60 1. The Director, Western Region, PHMSA has indicated that\nRespondent adequately addressed Notice Item 5c in its Response. Accordingly, since the\nResponse is acceptable with respect to this violation, the compliance terms are not included in\nthis Order.\nAMENDMENT OF PROCEDURES\nThe Notice alleged inadequacies in Respondent's procedures and proposed to require\namendment of Respondent's procedures to comply with the requirements of\n49 C.F.R. 8 195.452 (b)(3), 195.452 (e)(l), 195.452(0(1) and (4), 195.452 (i)(l),\n195.452(j)(l).\nIn its Response, Respondent submitted copies of its amended procedures, which the Director,\nWestern Region, PHMSA reviewed. Accordingly, based on the results of this review, I find that\nRespondent's original procedures as described in the Notice were inadequate to ensure safe\noperation of its pipeline system, but that Respondent has corrected the identified inadequacies.\nNo need exists to issue an Order Directing Amendment.\nWARNING ITEM\nThe Notice did not propose a civil penalty or corrective action for Item 5a in the Notice but\nwarned Respondent that it should take appropriate corrective action to correct the items.\nRespondent presented information it is Response showing that it has taken action towards\naddressing the cited item. Respondent is again warned that if PHMSA finds a violation for this\nitem in a subsequent inspection, enforcement action will be taken.\nThe terms and conditions of this Final Order are effective on receipt.\nSEP 2 0 2066\nDate Issued\nfor Pipeline Safety","truncated":false,"body_characters":6342}