{"operation":"document","citation":"CPF 520091004W","title":"EX EL PIPELINE SERVICES LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-06-24","effective_on":null,"summary":"CLOSED warning letter citing 192.905(a), 192.935(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520091004w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520091004w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520091004w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520091004W","body":"Warning Letter involving EX EL PIPELINE SERVICES LLC. PHMSA's enforcement data identifies the cited regulations as 192.905(a),  192.935(c). The case was opened on 2009-06-24 and is reported as closed as of 2009-06-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520091004W_warning letter_06242009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520091004W/520091004W_warning%20letter_06242009.pdf\n\n520091004W_warning letter_06242009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520091004W/520091004W_warning%20letter_06242009_text.pdf\n\n520091004W_warning letter_06242009_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 24, 2009\nMr. Miguel Arechabala\nVP Operations\nNextEra Energy Resources\n700 Universe Boulevard\nJuno Beach, FL 33408\nCPF 5-2009-1004W\nDear Mr. Arechabala:\nOn February 3 through February 5, 2009 a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States\nCode, inspected NextEra Energy Resource’s Integrity Management Program (IMP)\nprocedures and records for the Blythe Energy Pipeline. We understand eX eL Pipeline\nServices is the contract operator of this pipeline. Our inspection was conducted at your\noffices in Blythe, California.\nAs a result of the inspection, it appears you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are:\n1. §192.905 How does an operator identify a high consequence area?\n(a) General. To determine which segments of an operator's transmission\npipeline system are covered by this subpart, an operator must identify the high\nconsequence areas. An operator must use method (1) or (2) from the definition\nin § 192.903 to identify a high consequence area. An operator may apply one\nmethod to its entire pipeline system, or an operator may apply one method to\nindividual portions of the pipeline system. An operator must describe in its\n\n\n\nintegrity management program which method it is applying to each portion of\nthe operator's pipeline system. The description must include the potential\nimpact radius when utilized to establish a high consequence area. (See appendix\nE.I. for guidance on identifying high consequence areas.)\nThe previous operator, Western Industrial, did not conduct an HCA identification\nprocess until September 16, 2005 which is after the compliance date of December\n17, 2004. A letter showing the class location study and HCA analysis is dated\nSeptember 16, 2005 which is after the required date of December 17, 2004. It is\nrecognized, however, that this delay in identifying HCAs did not cause a delay in the\ntimely completion of the baseline assessment inline inspection runs.\n2. §192.935 What additional preventive and mitigative measures must an operator\ntake?\n(c) Automatic shut-off valves (ASV) or Remote control valves (RCV). If an\noperator determines, based on a risk analysis, that an ASV or RCV would be an\nefficient means of adding protection to a high consequence area in the event of a\ngas release, an operator must install the ASV or RCV. In making that\ndetermination, an operator must, at least, consider the following factors--\nswiftness of leak detection and pipe shutdown capabilities, the type of gas being\ntransported, operating pressure, the rate of potential release, pipeline profile,\nthe potential for ignition, and location of nearest response personnel.\nThe operator, eX eL Pipeline Services, did not conduct a risk analysis-based process\nto determine if automatic shut-off or remote control valves should be used on the\nBlythe Energy Pipeline system. During the course of the inspection, eX eL could not\nprovide any evidence that an analysis to determine if automatic shut-off or remote\ncontrol valves should be used had been performed.\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\n$1,000,000 for any related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct\nthe items identified in this letter. Failure to do so will result in NextEra Energy Resources\nbeing subject to additional enforcement action.\n2\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please\nrefer to CPF 5-2009-1004W. 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\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. 552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Gilliam (#123445)\n3","truncated":false,"body_characters":5322}