# SUNRISE POWER COMPANY, LLC — Notice of Probable Violation

- **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:** Not available
- **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.
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- **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.

Official case documents:

520050026_Final Order_04182008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050026/520050026_Final%20Order_04182008.pdf

520050026_final order_04182008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050026/520050026_final%20order_04182008_text.pdf

520050026_final order_04182008_text.pdf

O
U S Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Ave S E
Washington DC 20590
P, PR1 8 %8'
Mr. Ron Muse
Vice President
Edison Mission Operation and Maintenance, Inc.
P. O. Box 5485
Bakersfield, CA 93388
Re: CPF No. 5-2005-0026
Dear Mr, Muse:
Enclosed is the Final Order issued m the above-referenced case. It makes findings of
violation and specifies actions to be taken to comply with the pipeline safety regulations.
When the terms of the Compliance Order have been completed, as determined by the Director,
Western Region, this enforcement action will be closed. Your receipt of the Final Order
constitutes service under 49 C. F R. ( 190. 5.
Thank you for your cooperation in this matter.
Smcerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Chris Hoidal, P. E.
,
Director Western Region, PHMSA
Mr. David S. King, EMOM Plant Manager
CERTIFIED MAIL — RETURN RECEIPT RE UESTED



U. S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, DC 20590
)
)
)
Edison Mission Operation 4 Maintenance, Inc. )
Respondent
)
)
CPF No. 5-2005-0026
FINAL ORDER
On August 30-31, 2005, pursuant to 49 U S. C. ) 60117, a representative of the
Pipeline and Hazardous Materials Safety Administration's (PHMSA's) Office of
Pipeline Safety conducted an on-site pipeline safety inspection of the natural gas
facilities and records of Edison Mission Operation and Maintenance, Inc.
a
,
subsidiary of Edison International (Edison or Respondent), near Fellows, California.
As a result of the inspection, the Director, Western Region, Office of Pipeline Safety
(OPS), issued to Respondent, by letter dated November 16, 2005, a Notice of
Probable Violation and Proposed Compliance Order (Notice) In accordance with 49
C. F. R. ) 190. 207, the Notice proposed finding that Respondent had violated 49
C. F. R. $$ 192. 605 (referencing Subparts L and M), 192. 603, 192. 491, 192. 709, and
192. 305 and proposed ordering Respondent to take certain measures to correct the
alleged violations. The Notice also warned that Edison had committed probable
violations of 49 C. F. R. ))192. 706, 192, 479, and 191. 17 and advised Respondent to
take appropriate corrective actions,
In its response to the Notice (Response), Respondent did not contest the allegations
of violation but provided information concerning the corrective actions it had taken.
Respondent did not request a hearing and therefore has waived its right to one
FINDINGS OF VIOLATION
As noted above, Respondent did not contest the violations alleged in the Notice.
Accordingly, I find that Respondent violated the following sections of 49 C F. R. Part
192, as follows:
Item 1: $192. 605 Procedural manual for operations, maintenance, and
emergencies.



(a) General Each operator shall prepare and follow for
each pipeline, a manual of written procedures for conducting
operations and maintenance activities and for emergency
response. For transmission lines, the manual must also mclude
procedures for handling abnormal operations. . . . .
Item 1 of the Notice alleged that Edison did not have a manual of written procedures
(0 & M Manual) for conducting normal and abnormal operations, maintenance
activities, and for emergency response that met the requirements of $192. 605(a), (b),
(c), (d), and (e) for a natural gas transmission pipeline Accordingly, I find that
Respondent violated 49 C. F. R. ) 192. 605 by failing to have an 0 & M Manual with
procedures for a gas transmission pipeline.
Item 2: $192. 605 Procedural manual for operations, maintenance, and
emergencies.
(a). . . . . .
(b) Maintenance and normal operations The manual required by
paragraph (a) of this section must include procedures for the following, if
applicable, to provide safety during maintenance and operations.
(1) Operating, maintaining, and repairing the pipelme in accordance
with each of the requirements of this subpart [L] and Subpart M of this part.
Item 2 of the Notice alleged that Edison failed to establish written procedures to
address the applicable sections of subpart L and M listed below, even if they might
not currently be utilized under normal operating conditions, and that its written
procedures must be comprehensive and sufficiently detailed to allow personnel to
perform their duties in a safe and reliable manner The Pipeline Safety Regulations
guided by Edison's circumstances control the content of the 0 & M Manual,
The following is a list of applicable sections of subparts L and M for which adequate
procedures were lacking.
Subpart L — Operations
$192. 609 Change in class location: Required study.
$192. 611 Change in class location: Confirmation or
revision of maximum allowable operating
pressure.
$192. 613
Continuing surveillance.
$192. 614
Damage prevention program.
$192. 615 Emergency plans.



3
§192.616
Public awareness.
§192.617
Investigation of failures.
$192.619
Maximum allowable operating pressure:
Steel or plastic pipelines.
§192.625
Odorization of gas.
§192.627
Tapping pipelines under pressure.
$192.629
Purging of pipelines.
Subpart M -- Maintenance
§192.703
General.
§192.705
Transmission lines: Patrolling.
§192.706
Transmission lines: Leakage surveys.
$192.707
Line markers for mains and transmission
lines.
$192.709
Transmission lines: Record keeping.
§192.711
Transmission lines: General requirements
for repair procedures.
§192.713
Transmission lines: Permanent field repair
of imperfections and damages.
$192.715
Transmission lines: Permanent field repair
of welds.
§192.717
Transmission lines: Permanent field repair
of leaks.
§192.719
Transmission lines: Testing of repairs.
§192.727
Abandonment or deactivation of facilities.
§192.739
Pressure limiting and regulating stations:
Inspection and testing.



$192. 743 Pressure limiting and regulating stations: Capacity and
relief devices.
$192. 745 Valve maintenance: Transmission lines.
$192. 751 Prevention of accidental ignition.
Accordingly, I find that Respondent violated 49 C. F. R. ) 192. 605(b) by failing to have a manual
of written procedures to address all applicable sections of subparts L and M, includmg all those
sections referenced above
Item 3: f 192. 603 General provisions.
(a) " "
(b) Each operator shall keep records necessary to administer the procedures
established under $ 192. 605.
Item 3 of the Notice alleged that Edison did not have a formal record keeping program that met
all of the requirements of (192. 603. Accordingly, I find that Respondent violated 49 C. F. R. $
192. 603(b) by failing to have a formal record keeping program to administer the 0 2 M
requirements of Part 192.
Item 4: $192. 491 Corrosion control records.
(a) ""
(c) Each operator shall maintain a record of each test, survey, or
inspection required by this subpart in sufficient detail to demonstrate the
adequacy of corrosion control measures or that a corrosive condition does
not exist. These records must be retained for at least 5 years, except that
records related to $192. 465(a) and (e) and $192. 475(b) must be retained
for as long as the pipeline remains in service.
Item 4 of the Notice alleged that Edison failed to maintain and produce documentation that
would indicate corrosion control maintenance activities had been conducted on its pipeline
systems. For example, there were no records showing that Edison performed a reading of the
casing and a pipe-to-soil potential in the year of 2003 on the Sunrise Power Plant pipeline.
Accordingly, I find that Respondent violated 49 C. F, R. ( 192. 491(c) by failing to maintain
records of each test, survey, or inspection required for corrosion control under subpart I of Part
192.
Item 5: $192. 709 Transmission lines: Record keeping.
Each operator shall maintain the following records for transmission lines
for the periods specified: . . . . .
(b) The date, location, and description of each repair made to parts of
the pipeline system other than pipe must be retained for at least 5 years,
However, repairs generated by patrols, surveys, inspections, or tests required by
subparts subparts L and M of this part must be retained in accordance with
paragraph (c) of this section.



Item 5 of the Notice alleged that Edison did not have a formal record keeping program that met
all of the requirements of )$ 192. 739 and 192. 743 regarding overpressure protection.
Accordingly, I find that Respondent violated 49 C. F. R. $ 192. 709(b) for failing to mamtain
records relating to testing and inspection requirements for overpressure protection under $$
192. 739 and 192. 743.
Item 7: g 192. 305 Inspection: General.
Each transmission line or main must be inspected to ensure that it is
constructed in accordance with this part,
Item 7 of the Notice alleged that Edison did not have a formal record keeping program showing
that it had met the requirements of $( 192. 241(a), 192. 243(b)(2), 192. 243(c), and 192, 325
regarding the testing and inspection of welds and underground clearances Accordingly, I find
that Respondent violated 49 C. F. R. ( 192. 305 for failing to demonstrate that it had complied
with the testing and inspections requirements of )) 192. 241(a), 192. 243(b)(2), 192. 243(c), and
192. 325 for the testing and inspection of transmission lines or mains.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a Compliance Order with respect to Items 1, 2, 3, 4, 5, and 7 in the Notice
for violations of 49 C. F. R. $$ 192. 605, 192. 603, 192. 491, 192. 709, and 192. 305. Under 49
U. S. C, ) 60118(a), each person who engages in the transportation of gas or who owns or
operates a pipeline facility is required to comply with the applicable safety standards established
under Chapter 601, Pursuant to the authority of 49 U. S. C. ) 60118(b) and 49 C. F, R. ) 190, 217,
Respondent is ordered to take the actions set forth below to ensure compliance with the pipelme
safety regulations applicable to its operations.
The Regional Director has indicated that Respondent has taken action to address some of the
cited violations. With respect to Notice Items 1 and 2, Respondent submitted documents and
information that PHMSA's Western Region Office has reviewed. I find that these actions
comply with the requirements of Items 1 and 2 of the Proposed Compliance Order and therefore
do not need to be included in this Order.
For the remaining Items, Respondent must—
1. With respect to Notice Item 3—
a. Develop and maintain a formal record keeping program that meets all the
requirements of 49 C. F. R. $ 192. 603(b);
b. Establish a damage prevention program as required by 49 C. F R. ) 192, 614;
c. Establish a liaison program with public officials as required by 49 C. F. R. $
192. 615(c);



d. Establish a public education program as required by 49 C. F. R. $ 192. 616;
e. Establish a calculation on maximum allowable operating pressure as required
by 49 C. F. R. ) 192. 619;
f. Perform pipeline patrolling as required by 49 C F, R. ) 192. 705;
g. Perform leak surveys as required by 49 C. F. R. ) 192. 706;
h. Perform a test on relief devices along the pipeline segments as required by 49
C. F. R. 5 192. 743;
i. Perform valve maintenance along the pipeline segments as required by 49
C. F. R. 5 192. 745;
j, Perform vault maintenance along the pipeline segments as required by 49
C. F. R. $ 192. 749.
2. With respect to Notice Item 4, develop and maintain a formal record keeping program
that entirely meets the corrosion control requirements of 49 C. F. R. ) 192, 491(c) and
SubPart I;
3. With respect to Notice Item 5, develop a formal record keeping program that meets
all of the requirements of 49 C. F. R, )$ 192. 739 and 192, 743 to ensure adequate
overpressure protection is being provided for its facility;
4. With respect to Notice Item 7, develop a formal record keeping program that meets
the construction requirements of 49 C. F. R. $$ 192. 241(a), 192. 243(b)(2), 192. 243(c),
Gild 192. 325;
5. Maintain documentation of the safety improvement costs associated with fulfilling
this Compliance Order and submit the total to Director, Western Region, PHMSA.
Costs shall be reported in two categories: 1) total cost associated with
preparation/revision of plans, procedures, studies and analyses, and 2) total cost
associated with replacements, additions and other changes to pipeline infrastructure;
and
6. Within 30 days of issuance of the Final Order, accomplish the above items Once
adequate procedures are developed, they must be implemented in accordance with the
procedures, and documented as necessary. Please submit the procedures and
evidence of the actions taken to Director, Western Region, Pipeline and Hazardous
Materials Safety Administration, Office of Pipeline Safety, 12300 West Dakota
Avenue, Suite 110, Lakewood, Colorado 80228. Please refer to 5-2005-0026.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent demonstrating good cause for an extension.



Failure to comply with this Order may result in administrative assessment of civil penalties not
to exceed $100, 000 for each violation for each day the violation continues or m referral to the
Attorney General for appropriate relief in a district court of the United States.
WARNING ITEMS
With respect to Items 6, 8, and 9, the Notice alleged probable violations of Parts 191 and 192 but
did not propose a civil penalty or Compliance Order for these items Therefore, these are
considered to be warning items. These warnings were for:
49 C. F R. ) 192. 706 (a) and (b) (Notice Item 6) — Respondent's alleged failure to
document leakage surveys between 2003 and 2004;
49 C. F. R. $ 192. 479 (a), (b) and (c)(1)(2) (Notice Item 8) — Respondent's alleged failure
to adequately monitor corrosion control;
49 C. F. R. $ 191. 17 (Notice Item 9) — Respondent's alleged failure to properly submit
annual reports.
In its Response, Respondent did not contest these allegations. Accordingly, I find, pursuant to 49
C. F. R. $ 190. 205, that probable violations of 49 C. F. R. $) 192. 706(a) and (b) (Notice Item 6),
192. 479(a), (b), and (c) (Notice Item 8), and 191. 191. 17 (Notice Item 9) have occurred and
Respondent is hereby advised to correct such conditions. In the event that PHMSA finds a
violation for any of these items in a subsequent inspection, Respondent may be subject to future
enforcement action.
Under 49 C. F. R. ) 190. 215, 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 of the Order, includmg
any required corrective action, remain in full effect unless the Associate Administrator, upon
request, grants a stay. The terms and conditions of this Final Order shall be effective upon
receipt.
APR1 8 Ã08
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Date Issued
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