{"operation":"document","citation":"CPF 520090025M","title":"MIDWAY SUNSET COGENERATION CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-11-09","effective_on":null,"summary":"CLOSED notice of amendment citing 192.805(b), 192.805(c), 192.805(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090025m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090025m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090025m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520090025M","body":"Notice of Amendment involving MIDWAY SUNSET COGENERATION CO. PHMSA's enforcement data identifies the cited regulations as 192.805(b),  192.805(c),  192.805(i). The case was opened on 2009-11-09 and is reported as closed as of 2010-01-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520090025M_notice of amendment_11092009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090025M/520090025M_notice%20of%20amendment_11092009.pdf\n\n520090025M_notice of amendment_11092009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090025M/520090025M_notice%20of%20amendment_11092009_text.pdf\n\n520090025M_operator_response_12012009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090025M/520090025M_operator_response_12012009.pdf\n\n520090025M_notice of amendment_11092009_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 9, 2009\nMr. Greg Jans\nPlant Manager\nMidway Sunset Cogeneration Company\n3466 West Crocker Spring Road\nFellows, CA 93224-0457\nCPF 5-2009-0025M\nDear Mr. Jans:\nOn June 1-3, 2009, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nMidway Sunset Cogeneration Company’s (MSCC) Operator Qualification (OQ) program in\nFellows, California.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are:\n\n\n\n1. §192.805 Qualification program\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified.\nMSCC requires its contractors to submit proof of qualification with the MSCC OQ\nplan before performing any OQ-covered tasks. However, MSCC’s OQ plan does not\nrequire sub-contractors to do the same. MSCC needs to expand the OQ provision for\noutside contractors performing covered tasks on its behalf to include sub-contractors\nas well.\n2. §192.805 Qualification program\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n(c) Allow individuals that are not qualified pursuant to this subpart to perform\na covered task if directed and observed by an individual that is qualified.\n2a. MSCC’s OQ program needs to be modified so that a non-qualified individual\nperforming an OQ-covered task is both directed and observed rather than just\nobserved.\n2b. There are certain critical OQ-covered tasks such as hot tapping, stoppling, and\nwelding that need to be performed by a qualified individual only. MSCC’s OQ\nmanual needs to be revised so that only qualified individuals from perform critical\nOQ covered tasks.\n3. §192.805 Qualification program\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n(i) After December 16, 2004, notify the Administrator or a state agency\nparticipating under 49 U.S.C. Chapter 601 if the operator significantly modifies\nthe program after the Administrator or state agency has verified that it\ncomplies with this section.\nMSCC has no provision in its OQ program to notify PHMSA or the appropriate\nregulatory agency of significant modifications that are made to its OQ program.\n2\n\n\n\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237.\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline\nOperators in Compliance Proceedings. Please refer to this document and note the response\noptions. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If you\ndo not respond within 30 days of receipt of this Notice, this constitutes a waiver of your\nright to contest the allegations in this Notice and authorizes the Associate Administrator for\nPipeline Safety to find facts as alleged in this Notice without further notice to you and to\nissue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged\nin this Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 30 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIn correspondence concerning this matter, please refer to CPF 5-2009-0025M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Response Options for Pipeline Operators in Compliance Proceeding\ncc: PHP-60 Compliance Registry\nPHP-500 H. Monfared (#125306)\n3","truncated":false,"body_characters":5528}