{"operation":"document","citation":"CPF 520050026","title":"SUNRISE POWER COMPANY, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-11-16","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.17(a), 192.479(c)(2), 192.491(c), 192.603(b), 192.605, 192.605(b), 192.706(b), 192.709(b), 195.305.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520050026.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520050026.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520050026","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520050026","body":"Notice of Probable Violation involving SUNRISE POWER COMPANY, LLC. PHMSA's enforcement data identifies the cited regulations as 191.17(a),  192,  192.479(c)(2),  192.491(c),  192.603(b),  192.605,  192.605(b),  192.706(b),  192.709(b),  195.305. The case was opened on 2005-11-16 and is reported as closed as of 2008-06-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520050026_Final Order_04182008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050026/520050026_Final%20Order_04182008.pdf\n\n520050026_final order_04182008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050026/520050026_final%20order_04182008_text.pdf\n\n520050026_final order_04182008_text.pdf\n\nO\nU S Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave S E\nWashington DC 20590\nP, PR1 8 %8'\nMr. Ron Muse\nVice President\nEdison Mission Operation and Maintenance, Inc.\nP. O. Box 5485\nBakersfield, CA 93388\nRe: CPF No. 5-2005-0026\nDear Mr, Muse:\nEnclosed is the Final Order issued m the above-referenced case. It makes findings of\nviolation and specifies actions to be taken to comply with the pipeline safety regulations.\nWhen the terms of the Compliance Order have been completed, as determined by the Director,\nWestern Region, this enforcement action will be closed. Your receipt of the Final Order\nconstitutes service under 49 C. F R. ( 190. 5.\nThank you for your cooperation in this matter.\nSmcerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, P. E.\n,\nDirector Western Region, PHMSA\nMr. David S. King, EMOM Plant Manager\nCERTIFIED MAIL — RETURN RECEIPT RE UESTED\n\n\n\nU. S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\n)\n)\n)\nEdison Mission Operation 4 Maintenance, Inc. )\nRespondent\n)\n)\nCPF No. 5-2005-0026\nFINAL ORDER\nOn August 30-31, 2005, pursuant to 49 U S. C. ) 60117, a representative of the\nPipeline and Hazardous Materials Safety Administration's (PHMSA's) Office of\nPipeline Safety conducted an on-site pipeline safety inspection of the natural gas\nfacilities and records of Edison Mission Operation and Maintenance, Inc.\na\n,\nsubsidiary of Edison International (Edison or Respondent), near Fellows, California.\nAs a result of the inspection, the Director, Western Region, Office of Pipeline Safety\n(OPS), issued to Respondent, by letter dated November 16, 2005, a Notice of\nProbable Violation and Proposed Compliance Order (Notice) In accordance with 49\nC. F. R. ) 190. 207, the Notice proposed finding that Respondent had violated 49\nC. F. R. $$ 192. 605 (referencing Subparts L and M), 192. 603, 192. 491, 192. 709, and\n192. 305 and proposed ordering Respondent to take certain measures to correct the\nalleged violations. The Notice also warned that Edison had committed probable\nviolations of 49 C. F. R. ))192. 706, 192, 479, and 191. 17 and advised Respondent to\ntake appropriate corrective actions,\nIn its response to the Notice (Response), Respondent did not contest the allegations\nof violation but provided information concerning the corrective actions it had taken.\nRespondent did not request a hearing and therefore has waived its right to one\nFINDINGS OF VIOLATION\nAs noted above, Respondent did not contest the violations alleged in the Notice.\nAccordingly, I find that Respondent violated the following sections of 49 C F. R. Part\n192, as follows:\nItem 1: $192. 605 Procedural manual for operations, maintenance, and\nemergencies.\n\n\n\n(a) General Each operator shall prepare and follow for\neach pipeline, a manual of written procedures for conducting\noperations and maintenance activities and for emergency\nresponse. For transmission lines, the manual must also mclude\nprocedures for handling abnormal operations. . . . .\nItem 1 of the Notice alleged that Edison did not have a manual of written procedures\n(0 & M Manual) for conducting normal and abnormal operations, maintenance\nactivities, and for emergency response that met the requirements of $192. 605(a), (b),\n(c), (d), and (e) for a natural gas transmission pipeline Accordingly, I find that\nRespondent violated 49 C. F. R. ) 192. 605 by failing to have an 0 & M Manual with\nprocedures for a gas transmission pipeline.\nItem 2: $192. 605 Procedural manual for operations, maintenance, and\nemergencies.\n(a). . . . . .\n(b) Maintenance and normal operations The manual required by\nparagraph (a) of this section must include procedures for the following, if\napplicable, to provide safety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipelme in accordance\nwith each of the requirements of this subpart [L] and Subpart M of this part.\nItem 2 of the Notice alleged that Edison failed to establish written procedures to\naddress the applicable sections of subpart L and M listed below, even if they might\nnot currently be utilized under normal operating conditions, and that its written\nprocedures must be comprehensive and sufficiently detailed to allow personnel to\nperform their duties in a safe and reliable manner The Pipeline Safety Regulations\nguided by Edison's circumstances control the content of the 0 & M Manual,\nThe following is a list of applicable sections of subparts L and M for which adequate\nprocedures were lacking.\nSubpart L — Operations\n$192. 609 Change in class location: Required study.\n$192. 611 Change in class location: Confirmation or\nrevision of maximum allowable operating\npressure.\n$192. 613\nContinuing surveillance.\n$192. 614\nDamage prevention program.\n$192. 615 Emergency plans.\n\n\n\n3\n§192.616\nPublic awareness.\n§192.617\nInvestigation of failures.\n$192.619\nMaximum allowable operating pressure:\nSteel or plastic pipelines.\n§192.625\nOdorization of gas.\n§192.627\nTapping pipelines under pressure.\n$192.629\nPurging of pipelines.\nSubpart M -- Maintenance\n§192.703\nGeneral.\n§192.705\nTransmission lines: Patrolling.\n§192.706\nTransmission lines: Leakage surveys.\n$192.707\nLine markers for mains and transmission\nlines.\n$192.709\nTransmission lines: Record keeping.\n§192.711\nTransmission lines: General requirements\nfor repair procedures.\n§192.713\nTransmission lines: Permanent field repair\nof imperfections and damages.\n$192.715\nTransmission lines: Permanent field repair\nof welds.\n§192.717\nTransmission lines: Permanent field repair\nof leaks.\n§192.719\nTransmission lines: Testing of repairs.\n§192.727\nAbandonment or deactivation of facilities.\n§192.739\nPressure limiting and regulating stations:\nInspection and testing.\n\n\n\n$192. 743 Pressure limiting and regulating stations: Capacity and\nrelief devices.\n$192. 745 Valve maintenance: Transmission lines.\n$192. 751 Prevention of accidental ignition.\nAccordingly, I find that Respondent violated 49 C. F. R. ) 192. 605(b) by failing to have a manual\nof written procedures to address all applicable sections of subparts L and M, includmg all those\nsections referenced above\nItem 3: f 192. 603 General provisions.\n(a) \" \"\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under $ 192. 605.\nItem 3 of the Notice alleged that Edison did not have a formal record keeping program that met\nall of the requirements of (192. 603. Accordingly, I find that Respondent violated 49 C. F. R. $\n192. 603(b) by failing to have a formal record keeping program to administer the 0 2 M\nrequirements of Part 192.\nItem 4: $192. 491 Corrosion control records.\n(a) \"\"\n(c) Each operator shall maintain a record of each test, survey, or\ninspection required by this subpart in sufficient detail to demonstrate the\nadequacy of corrosion control measures or that a corrosive condition does\nnot exist. These records must be retained for at least 5 years, except that\nrecords related to $192. 465(a) and (e) and $192. 475(b) must be retained\nfor as long as the pipeline remains in service.\nItem 4 of the Notice alleged that Edison failed to maintain and produce documentation that\nwould indicate corrosion control maintenance activities had been conducted on its pipeline\nsystems. For example, there were no records showing that Edison performed a reading of the\ncasing and a pipe-to-soil potential in the year of 2003 on the Sunrise Power Plant pipeline.\nAccordingly, I find that Respondent violated 49 C. F, R. ( 192. 491(c) by failing to maintain\nrecords of each test, survey, or inspection required for corrosion control under subpart I of Part\n192.\nItem 5: $192. 709 Transmission lines: Record keeping.\nEach operator shall maintain the following records for transmission lines\nfor the periods specified: . . . . .\n(b) The date, location, and description of each repair made to parts of\nthe pipeline system other than pipe must be retained for at least 5 years,\nHowever, repairs generated by patrols, surveys, inspections, or tests required by\nsubparts subparts L and M of this part must be retained in accordance with\nparagraph (c) of this section.\n\n\n\nItem 5 of the Notice alleged that Edison did not have a formal record keeping program that met\nall of the requirements of )$ 192. 739 and 192. 743 regarding overpressure protection.\nAccordingly, I find that Respondent violated 49 C. F. R. $ 192. 709(b) for failing to mamtain\nrecords relating to testing and inspection requirements for overpressure protection under $$\n192. 739 and 192. 743.\nItem 7: g 192. 305 Inspection: General.\nEach transmission line or main must be inspected to ensure that it is\nconstructed in accordance with this part,\nItem 7 of the Notice alleged that Edison did not have a formal record keeping program showing\nthat it had met the requirements of $( 192. 241(a), 192. 243(b)(2), 192. 243(c), and 192, 325\nregarding the testing and inspection of welds and underground clearances Accordingly, I find\nthat Respondent violated 49 C. F. R. ( 192. 305 for failing to demonstrate that it had complied\nwith the testing and inspections requirements of )) 192. 241(a), 192. 243(b)(2), 192. 243(c), and\n192. 325 for the testing and inspection of transmission lines or mains.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Items 1, 2, 3, 4, 5, and 7 in the Notice\nfor violations of 49 C. F. R. $$ 192. 605, 192. 603, 192. 491, 192. 709, and 192. 305. Under 49\nU. S. C, ) 60118(a), each person who engages in the transportation of gas or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunder Chapter 601, Pursuant to the authority of 49 U. S. C. ) 60118(b) and 49 C. F, R. ) 190, 217,\nRespondent is ordered to take the actions set forth below to ensure compliance with the pipelme\nsafety regulations applicable to its operations.\nThe Regional Director has indicated that Respondent has taken action to address some of the\ncited violations. With respect to Notice Items 1 and 2, Respondent submitted documents and\ninformation that PHMSA's Western Region Office has reviewed. I find that these actions\ncomply with the requirements of Items 1 and 2 of the Proposed Compliance Order and therefore\ndo not need to be included in this Order.\nFor the remaining Items, Respondent must—\n1. With respect to Notice Item 3—\na. Develop and maintain a formal record keeping program that meets all the\nrequirements of 49 C. F. R. $ 192. 603(b);\nb. Establish a damage prevention program as required by 49 C. F R. ) 192, 614;\nc. Establish a liaison program with public officials as required by 49 C. F. R. $\n192. 615(c);\n\n\n\nd. Establish a public education program as required by 49 C. F. R. $ 192. 616;\ne. Establish a calculation on maximum allowable operating pressure as required\nby 49 C. F. R. ) 192. 619;\nf. Perform pipeline patrolling as required by 49 C F, R. ) 192. 705;\ng. Perform leak surveys as required by 49 C. F. R. ) 192. 706;\nh. Perform a test on relief devices along the pipeline segments as required by 49\nC. F. R. 5 192. 743;\ni. Perform valve maintenance along the pipeline segments as required by 49\nC. F. R. 5 192. 745;\nj, Perform vault maintenance along the pipeline segments as required by 49\nC. F. R. $ 192. 749.\n2. With respect to Notice Item 4, develop and maintain a formal record keeping program\nthat entirely meets the corrosion control requirements of 49 C. F. R. ) 192, 491(c) and\nSubPart I;\n3. With respect to Notice Item 5, develop a formal record keeping program that meets\nall of the requirements of 49 C. F. R, )$ 192. 739 and 192, 743 to ensure adequate\noverpressure protection is being provided for its facility;\n4. With respect to Notice Item 7, develop a formal record keeping program that meets\nthe construction requirements of 49 C. F. R. $$ 192. 241(a), 192. 243(b)(2), 192. 243(c),\nGild 192. 325;\n5. Maintain documentation of the safety improvement costs associated with fulfilling\nthis Compliance Order and submit the total to Director, Western Region, PHMSA.\nCosts shall be reported in two categories: 1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses, and 2) total cost\nassociated with replacements, additions and other changes to pipeline infrastructure;\nand\n6. Within 30 days of issuance of the Final Order, accomplish the above items Once\nadequate procedures are developed, they must be implemented in accordance with the\nprocedures, and documented as necessary. Please submit the procedures and\nevidence of the actions taken to Director, Western Region, Pipeline and Hazardous\nMaterials Safety Administration, Office of Pipeline Safety, 12300 West Dakota\nAvenue, Suite 110, Lakewood, Colorado 80228. Please refer to 5-2005-0026.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent demonstrating good cause for an extension.\n\n\n\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $100, 000 for each violation for each day the violation continues or m referral to the\nAttorney General for appropriate relief in a district court of the United States.\nWARNING ITEMS\nWith respect to Items 6, 8, and 9, the Notice alleged probable violations of Parts 191 and 192 but\ndid not propose a civil penalty or Compliance Order for these items Therefore, these are\nconsidered to be warning items. These warnings were for:\n49 C. F R. ) 192. 706 (a) and (b) (Notice Item 6) — Respondent's alleged failure to\ndocument leakage surveys between 2003 and 2004;\n49 C. F. R. $ 192. 479 (a), (b) and (c)(1)(2) (Notice Item 8) — Respondent's alleged failure\nto adequately monitor corrosion control;\n49 C. F. R. $ 191. 17 (Notice Item 9) — Respondent's alleged failure to properly submit\nannual reports.\nIn its Response, Respondent did not contest these allegations. Accordingly, I find, pursuant to 49\nC. F. R. $ 190. 205, that probable violations of 49 C. F. R. $) 192. 706(a) and (b) (Notice Item 6),\n192. 479(a), (b), and (c) (Notice Item 8), and 191. 191. 17 (Notice Item 9) have occurred and\nRespondent is hereby advised to correct such conditions. In the event that PHMSA finds a\nviolation for any of these items in a subsequent inspection, Respondent may be subject to future\nenforcement action.\nUnder 49 C. F. R. ) 190. 215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be received within 20 days of Respondent's receipt of this\nFinal Order and must contain a brief statement of the issue(s). The terms of the Order, includmg\nany required corrective action, remain in full effect unless the Associate Administrator, upon\nrequest, grants a stay. The terms and conditions of this Final Order shall be effective upon\nreceipt.\nAPR1 8 Ã08\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nDate Issued","truncated":false,"body_characters":15888}