{"operation":"document","citation":"CPF 520090029W","title":"BULLDOG GAS & POWER LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-11-16","effective_on":null,"summary":"CLOSED warning letter citing 192.805(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090029w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090029w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090029w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520090029W","body":"Warning Letter involving BULLDOG GAS & POWER LLC. PHMSA's enforcement data identifies the cited regulation as 192.805(b). The case was opened on 2009-11-16 and is reported as closed as of 2009-11-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520090029W_warning letter_11162009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090029W/520090029W_warning%20letter_11162009.pdf\n\n520090029W_warning letter_11162009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090029W/520090029W_warning%20letter_11162009_text.pdf\n\n520090029W_warning letter_11162009_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 16, 2009\nMr. Chris Charrette\nPlant Manager\nBulldog Gas & Power, LLC\n950 Waterbird Way\nMartinez, CA 94553\nCPF 5-2009-0029W\nDear Mr. Charrette:\nOn March 23, 2009, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\npipeline safety Operator Qualification (OQ) Program in Martinez, California.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and\nthe probable violation is:\n1. § 192.805 Operator Qualification program.\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\nThe Bulldog Gas & Power OQ program describes policy and criteria for the use of\ntraining for individuals performing covered tasks for its pipeline system, but does not\ndescribe criteria for re-training and re-evaluation if qualifications are questioned. In\naddition, the program indicates two-year intervals for re-evaluation, but it does not\ntechnically justify this requirement.\n\n\n\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000\nfor any related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement\naction or penalty assessment proceedings at this time. We advise you to correct the item(s)\nidentified in this letter. Failure to do so will result in Bulldog Gas & Power, LLC being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2009-0029W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 P. Nguyen (#123246)\n2","truncated":false,"body_characters":3233}