{"operation":"document","citation":"CPF 520090021","title":"NORGASCO INC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-09-09","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.805.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090021","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520090021","body":"Notice of Probable Violation involving NORGASCO INC. PHMSA's enforcement data identifies the cited regulation as 192.805. The case was opened on 2009-09-09 and is reported as closed as of 2010-07-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520090021_Final Order_07142010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090021/520090021_Final%20Order_07142010.pdf\n\n520090021_Final Order_07142010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090021/520090021_Final%20Order_07142010_text.pdf\n\n520090021_nopv pco_09092009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090021/520090021_nopv%20pco_09092009.pdf\n\n520090021_nopv pco_09092009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090021/520090021_nopv%20pco_09092009_text.pdf\n\n520090021_operator_response_to_notice_09242009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090021/520090021_operator_response_to_notice_09242009.pdf\n\n520090021_Final Order_07142010_text.pdf\n\nJUL 14 2010\nMr. Leroy H. Frank\nVice President of Operations\nNorgasco, Inc.\n4341 B Street, Suite 306\nAnchorage, AK 99503\nRe: CPF No. 5-2009-0021\nDear Mr. Frank:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that Norgasco, Inc. has completed the actions specified in the Notice to\ncomply with the pipeline safety regulations. Therefore, this case is now closed. Service of the\nFinal Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, Director, Western Region, PHMSA\nMr. Dennis Hinnah, Deputy Director, Western Region, PHMSA\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED[7005 1160 0001 0039 0690]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n______________________________\n)\nIn the Matter of )\n)\nNorgasco, Inc., ) CPF No. 5-2009-0021\n)\nRespondent. )\n______________________________)\nFINAL ORDER\nOn April 22, 2009, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration, Office of Pipeline Safety (OPS) conducted an on-\nsite pipeline safety inspection of the facilities and records of Norgasco, Inc. (hereinafter\n“Norgasco” or “Respondent”) in Anchorage, Alaska. Norgasco operates a natural gas\ndistribution system serving approximately 55 customers in Prudhoe Bay, Alaska. The inspection\nincluded a review of Norgasco’s Operator Qualification (OQ) Manual and Program.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated September 9, 2009, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Respondent had violated 49 C.F.R. § 192.805.\nNorgasco responded to the Notice by letter dated September 24, 2009 (Response). Norgasco did\nnot contest the allegations of violation, but provided information concerning the corrective\nactions it has taken. Norgasco did not request a hearing and therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, Norgasco did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.805, which states:\n\n\n\n2\n§ 192.805 Qualification program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(a) Identify covered tasks;\n(b) Ensure thorough evaluation that individuals performing covered\ntasks are qualified;\n(c) Allow individuals that are not qualified pursuant to this subpart to\nperform a covered task if directed and observed by an individual that is\nqualified;\n(d) Evaluate an individual if the operator has reason to believe that the\nindividual’s performance of a covered task contributed to an incident as\ndefined in Part 191;\n(e) Evaluate an individual if the operator has reason to believe that the\nindividual is no longer qualified to perform a covered task;\n(f) Communicate changes that affect covered tasks to individuals\nperforming those covered tasks; and\n(g) Identify those covered tasks and the intervals at which evaluation\nof the individual’s qualifications is needed.\nThe Notice alleged that Norgasco violated § 192.805 by failing to have an adequate written OQ\nprogram. Specifically, it alleged that Norgasco’s OQ program failed to: (1) include a complete\nlist of covered tasks; (2) address contract personnel performing covered tasks; (3) address non-\nqualified individuals performing covered tasks under the direction and observation of qualified\nindividuals; (4) address how the operator’s personnel would be trained; (5) address qualification\nrecords; (6) address how changes in covered tasks would be communicated to individuals\nperforming them; and (7) address the notification of PHMSA about significant changes to the\nOQ plan. Respondent did not contest this allegation of violation. Accordingly, based upon a\nreview of all the evidence, I find that Norgasco violated 49 C.F.R. § 192.805 by failing to have\nan adequate written OQ program.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for a violation of\n§ 192.805. Under 49 U.S.C. § 60118(a), each person who engages in the transportation of\nhazardous liquids or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. The Director has indicated that\nRespondent has taken the following actions specified in the proposed compliance order:\nWith respect to Item 1, Norgasco has updated its written OQ procedures by:\n(1) including a complete list of the covered tasks; (2) addressing contract personnel\nperforming covered tasks; (3) addressing non-qualified individuals performing covered\ntasks while being directed and observed by a qualified individual; (4) addressing training\nfor operator’s personnel to recognize and react to abnormal operating conditions; (5)\naddressing qualification records; (6) addressing how changes in covered tasks would be\ncommunicated to individuals performing them; and (7) addressing the notification to\n\n\n\n3\nPHMSA about significant changes to the OQ plan. Norgasco submitted an updated copy\nof its OQ manual that reflects these changes.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\nThe terms and conditions of this Final Order are effective upon receipt.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":7007}