{"operation":"document","citation":"CPF 520050029","title":"LONG BEACH GAS DEPT, CITY OF — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2005-12-28","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.231, 192.463(a), 192.465(d), 192.467(a), 192.614(c)(6), 192.619(a), 192.627, 192.629(b), 192.721(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520050029.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520050029.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520050029","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520050029","body":"Notice of Probable Violation involving LONG BEACH GAS DEPT, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.231,  192.463(a),  192.465(d),  192.467(a),  192.614(c)(6),  192.619(a),  192.627,  192.629(b),  192.721(b)(2). The case was opened on 2005-12-28 and is reported as closed as of 2010-06-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520050029_FinalOrder_06162010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050029/520050029_FinalOrder_06162010.pdf\n\n520050029_FinalOrder_06162010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050029/520050029_FinalOrder_06162010_text.pdf\n\n520050029_operator response_06042009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520050029/520050029_operator%20response_06042009.pdf\n\n520050029_FinalOrder_06162010_text.pdf\n\nJUN 16 2010\nMr. Patrick H. West\nCity Manager\nCity of Long Beach, California\n13th floor, City Hall\n333 W. Ocean Boulevard\nLong Beach, CA 90802\nRe: CPF No. 5-2005-0029\nDear Mr. West:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that the City of Long Beach has completed the actions specified in the Notice\nto comply with the pipeline safety regulations. It further finds that the City has addressed the\ninadequacies in its procedures that were cited in the Notice of Amendment. This case is now\nclosed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,\nor as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\n.Associate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Chris Hoidal, Director, Western Region, PHMSA\nMr. Christopher J. Garner, Director, Gas & Oil Department\nCity of Long Beach, 2400 East Spring Street, Long Beach, CA 90806\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 1160 0001 0043 9542]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n______________________________\nIn the Matter of )\nCity of Long Beach, California, ) CPF No. 5-2005-0029\nA municipal corporation, )\n)\n)\n)\nRespondent. )\n______________________________)\nFINAL ORDER\nOn January 26 and April 19, 2004, pursuant to 49 U.S.C. § 60117, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Long\nBeach Gas & Oil, a department of the City of Long Beach, California (LBGO or Respondent), in\nLong Beach, California. Established in 1924, LBGO operates approximately 1,800 miles of\nnatural gas pipelines, that provide service to about 500,000 customers in the cities of Long Beach\nand Signal Hill.1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated December 28, 2005, 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. §§ 192.465(d)\nand 192.467(a), and proposed ordering Respondent to take certain measures to correct the\nalleged violations. The Notice also proposed, in accordance with 49 C.F.R. § 190.237, that\nRespondent amend its procedures for operations, maintenance and emergencies.\nLBGO responded to the Notice by letter dated January 19, 2006 (Response).2\nRespondent did\nnot contest the allegations of violation but provided information concerning the corrective\nactions it had taken and submitted copies of its revised procedures. Respondent did not request a\nhearing and therefore has waived its right to one.\n1\nhttp://www.longbeach.gov/lbgo/default.asp (last accessed Apr. 16, 2010).\n2 In its Response, LBGO noted that it was no longer doing business under its former name, Long Beach Energy, as\nindicated on the Notice.\n\n\n\n2\nFINDINGS OF VIOLATION\nIn its Response, LBGO did not contest the allegations in the Notice that it violated 49 C.F.R. Part\n192, as follows:\nItem 1a: The Notice alleged that Respondent violated 49 C.F.R. § 192.465(d), which states:\n§ 192.465 External corrosion control: Monitoring.\n(a) . . . .\n(d) Each operator shall take prompt remedial action to correct any\ndeficiencies indicated by the monitoring.\nThe Notice alleged that LBGO violated 49 C.F.R. § 192.465(d) by failing to take prompt\nremedial action to correct deficiencies indicated by its corrosion control monitoring. In\nparticular, the Notice stated that approximately 30 percent of the pipe-to-soil readings taken in\nLBGO’s 2003 cathodic protection surveys were low in comparison to the readings taken in 2001\nand 2002. The Notice further stated that while Respondent had begun implementing a cathodic\nprotection recovery plan in October 2003, no remedial work had been completed in most of the\naffected residential areas and business districts. LBGO did not contest this allegation of\nviolation. Accordingly, based upon a review of all of the evidence, I find that Respondent\nviolated 49 C.F.R. § 192.465(d) by failing to take prompt remedial action to correct deficiencies\nindicated by its corrosion-control monitoring.\nItem 1b: The Notice alleged that Respondent violated 49 C.F.R. § 192.467(a), which states:\n§ 192.467 External corrosion control: Electrical isolation.\n(a) Each buried or submerged pipeline must be electrically isolated\nfrom other underground metallic structures, unless the pipeline and the\nother structures are electrically interconnected and cathodically protected\nas a single unit.\nThe Notice alleged that LBGO violated 49 C.F.R. § 192.467(a) by failing to ensure that each\nburied pipeline was electrically isolated from other underground metallic structures. In\nparticular, the Notice alleged that LBGO had identified a number of areas where proper electrical\nisolation was not being maintained, including in pipe casings, meter sets, bridges, valves, and\nbulkheads. The Notice also alleged that while Respondent had taken action in some of those\nareas, several other locations remained under investigation or required further remediation.\nLBGO did not contest this allegation of violation, but stated that adequate electrical isolation\nwould be provided in all of the required areas by December 31, 2009. Accordingly, based upon\na review of all of the evidence, I find that Respondent violated 49 C.F.R. § 192.467(a) by failing\nto ensure that each buried pipeline was electrically isolated from other underground metallic\nstructures.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\n\n\n\n3\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1a and 1b for violations of 49\nC.F.R. §§ 192.465(d) and 192.467(a), respectively. Under 49 U.S.C. § 60118(a), each person\nwho engages in the transportation of gas or who owns or operates a pipeline facility is required\nto comply with the applicable safety standards established under chapter 601. The Director has\nindicated that Respondent has taken the following actions specified in the proposed compliance\norder:\nBetween June 27, 2006, and January 10, 2010, LBGO submitted semi-\nannual reports to the Director describing the steps it had taken to\nremediate the deficiencies in its corrosion control and cathodic protection\nprograms. PHMSA staff also performed two field inspections, in 2007\nand 2008, to verify the information provided by LBGO in those reports.\nAccordingly, I find that compliance has been achieved with respect to these violations.\nTherefore, the compliance terms proposed in the Notice are not included in this Order.\nAMENDMENT OF PROCEDURES\nThe Notice alleged certain inadequacies in Respondent’s Operating and Maintenance Manual\nand proposed requiring the amendment of LBGO’s procedures to comply with the requirements\nin 49 C.F.R. §§ 192.614(c)(6), 192.619(a), 192.627, 192.629(a)-(b), 192.231, 192.463(a), and\n192.721(b)(1)-(2).\nIn its Response, LBGO submitted copies of its amended procedures, which the Director has\nreviewed. Accordingly, based on the results of this review, I find that Respondent’s original\nprocedures as described in the Notice were inadequate to ensure safe operation of its pipeline\nsystem, but that Respondent has corrected the identified inadequacies. Therefore, no need exists\nto issue an Order Directing Amendment.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8781}