ENERGY WEST DEVELOPMENT, INC. — Notice of Amendment

party submissionOfficial PDF520070026M_Operator Response_01282008.pdf#

520070026m_notice of amendment_12102007_text.pdf, page 1Official PDFBEN'I 'N! l oMP|. IANcE REGls+T Hat ( ' &'py }', iectrontc, ail' lot CoptesL /Date~I O U. S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 12300 W Dakota Ave, Suite 110 I akewood, CO 80228 NOTICE OF AMKNDMKNT CERTIFIED MAIL - RETURN RECEIPT RE UESTED December 10, 2007 Mr. Steve Miller Assistant Vice President Energy West Development 2320 Mountain View Drive Cody, WY 82414 CPF 5-2007-0026M Dear Mr. Miller; On May 29, 2007, a representative of the Pipehne and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Energy West Development (EWD) procedures for integrity management in Cody, Wyoming. On the basis of the inspection, PHMSA has identified the apparent inadequacies found within EWD's plans or procedures, as described below: $192. 911 What are the elements of an integrity management program? An operator's initial integrity management program begins with a framework (see g 192. 907) and evolves into a more detailed and comprehensive integrity management program, as information is gained and incorporated into the program. An operator must make continual improvements to its program. The initial program framework and subsequent program must, at minimum, contain the following elements. (When indicated, refer to ASME/ANSI B31. 8S (incorporated by reference, see g 192. 7) for more detailed information on the listed element. )#

520070026m_notice of amendment_12102007_text.pdf, page 2(a) An identification of all high consequence areas, in accordance with g 192. 905. The following procedures were inadequate for identification of high consequence areas. ~ Item 1. A: $192. 905(a) Section 1 of Energy West Development's (EWD) integrity management program (IMP) refers to $192. 5 for definitions of Class 3 and 4 areas. These definitions must direct the reader to other company manuals that determine class locations, or the IMP procedure itself must fully describe how a Class 3 and Class 4 area are identified. ~ Item 1. B: $192. 905(a) Section 1 of EWD's IMP which describes the process for determining if a potential impact circle contains an identified site, refers to Appendix E of Part 192 for drawings depicting the method. EWD's procedure cannot reference Part 192 for descriptions of methods to be used for determining high consequence areas (HCAs). ~ Item 1. C: $192. 905(a) Under Section 1, Identification of HCAs the First Step, paragraph 3, EWD refers to 49 CFR 192 and not their IMP for definitions of HCA determination methods. ~ Item 1. D: $192. 905(a) Under Section 1, Identification of HCAs the First Step, paragraph 4, EWD refers to%9 CFR 192 and not their IMP for definitions of identified sites. Res onse to this Notice This Notice is provided pursuant to 49 U. S. C. $ 60108(a) and 49 C. F. R. $ 190. 237. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U. S. C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U. S. C. 552(b). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final Order.#

520070026m_notice of amendment_12102007_text.pdf, page 3If, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C. F. R. $ 190. 237). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within 30 days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. In correspondence concerning this matter, please refer to CPF 5-2007-0026M and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, C ' oidal Director, Western Region Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry PHP-500 G Davis ¹ 118733 Enclosure: Response Options for Pipeline Operators in Compliance Proceedings#