{"operation":"document","citation":"CPF 520095010M","title":"HECO - HAWAIIAN ELECTRIC COMPANY, INC. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-02-19","effective_on":null,"summary":"CLOSED notice of amendment citing 195.452(f)(3), 195.452(f)(8), 195.452(i)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095010m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095010m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520095010m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520095010M","body":"Notice of Amendment involving HECO - HAWAIIAN ELECTRIC COMPANY, INC.. PHMSA's enforcement data identifies the cited regulations as 195.452(f)(3),  195.452(f)(8),  195.452(i)(1). The case was opened on 2009-02-19 and is reported as closed as of 2009-04-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520095010M_notice of amendment_02192009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095010M/520095010M_notice%20of%20amendment_02192009.pdf\n\n520095010M_notice of amendment_02192009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095010M/520095010M_notice%20of%20amendment_02192009_text.pdf\n\n520095010M_operator response_03202009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520095010M/520095010M_operator%20response_03202009.pdf\n\n520095010M_notice of amendment_02192009_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 19, 2009\nMr. Thomas Simmons\nVice President\nHawaiian Electric Company, Inc.\nP.O. Box 2750\nHonolulu, HI 96840-0001\nCPF 5-2009-5010M\nDear Mr. Simmons:\nOn May 29-30, 2008, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected the\nHawaiian Electric Company’s (HECO) procedures for their Integrity Management Program\n(IMP) in Honolulu, Hawaii.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nHECO’s plans or procedures, as described below:\n1. §195.452 Pipeline integrity management in high consequence areas.\n(f) What are the elements of an integrity management program? An integrity\nmanagement program begins with the initial framework. An operator must\ncontinually change the program to reflect operating experience, conclusions\ndrawn from results of the integrity assessments, and other maintenance and\nsurveillance data, and evaluation of consequences of a failure on the high\nconsequence area. An operator must include, at minimum, each of the following\nelements in its written integrity management program:\n(8) A process for review of integrity assessment results and information analysis\nby a person qualified to evaluate the results and information (see paragraph (h)\n(2) of this section).\n\n\n\nThe HECO procedures do not ensure the IMP reviewers and evaluators are qualified.\nThe procedures currently require the documentation of their IMP team members;\nhowever, the procedures do not specify the level of qualifications the IMP reviewers\nmust have to adequately review and analyze the assessment results.\n2. §195.452 Pipeline integrity management in high consequence areas.\n(f) What are the elements of an integrity management program? An integrity\nmanagement program begins with the initial framework. An operator must\ncontinually change the program to reflect operating experience, conclusions\ndrawn from results of the integrity assessments, and other maintenance and\nsurveillance data, and evaluation of consequences of a failure on the high\nconsequence area. An operator must include, at minimum, each of the following\nelements in its written integrity management program:\n(3) An analysis that integrates all available information about the integrity of the\nentire pipeline and the consequences of a failure (see paragraph (g) of this\nsection);\n(g) What is an information analysis? In periodically evaluating the integrity of\neach pipeline segment (paragraph (j) of this section), an operator must analyze all\navailable information about the integrity of the entire pipeline and the\nconsequences of a failure. This information includes:\n(1) Information critical to determining the potential for, and preventing, damage\ndue to excavation, including current and planned damage prevention activities,\nand development or planned development along the pipeline segment;\n(2) Data gathered through the integrity assessment required under this section;\n(3) Data gathered in conjunction with other inspections, tests, surveillance and\npatrols required by this Part, including, corrosion control monitoring and\ncathodic protection surveys; and\n(4) Information about how a failure would affect the high consequence area, such\nas location of the water intake.\nThe HECO procedures are inadequate for considering the risks associated with their\npipeline facility beyond just line pipe. The facility risk needs to define how equipment\nsuch as pumps, valves, and gaskets is addressed via the risk analysis and P&MM\nprocesses.\n3. §195.452 Pipeline integrity management in high consequence areas.\n(i) What preventive and mitigative measures must an operator take to protect the\nhigh consequence area?\n(1) An operator must take prompt action to address all anomalous conditions the\noperator discovers through the integrity assessment or information analysis. In\naddressing all conditions, an operator must evaluate all anomalous conditions and\nremediate those that could reduce a pipeline's integrity. An operator must be able\nto demonstrate that the remediation of the condition will ensure the condition is\nunlikely to pose a threat to the long-term integrity of the pipeline. An operator\nmust comply with § 195.422 when making a repair.\n2\n\n\n\n(i) Temporary pressure reduction. An operator must notify PHMSA, in\naccordance with paragraph (m) of this section, if the operator cannot meet the\nschedule for evaluation and remediation required under paragraph (h)(3) of this\nsection and cannot provide safety through a temporary reduction in operating\npressure.\n(ii) Long-term pressure reduction. When a pressure reduction exceeds 365 days,\nthe operator must notify PHMSA in accordance with paragraph (m) of this\nsection and explain the reasons for the delay. An operator must also take further\nremedial action to ensure the safety of the pipeline.\n(2) Risk analysis criteria. In identifying the need for additional preventive and\nmitigative measures, an operator must evaluate the likelihood of a pipeline release\noccurring and how a release could affect the high consequence area. This\ndetermination must consider all relevant risk factors, including, but not limited\nto:\n(i) Terrain surrounding the pipeline segment, including drainage systems such as\nsmall streams and other smaller waterways that could act as a conduit to the high\nconsequence area;\n(ii) Elevation profile;\n(iii) Characteristics of the product transported;\n(iv) Amount of product that could be released;\n(v) Possibility of a spillage in a farm field following the drain tile into a waterway;\n(vi) Ditches along side a roadway the pipeline crosses;\n(vii) Physical support of the pipeline segment such as by a cable suspension\nbridge;\n(viii) Exposure of the pipeline to operating pressure exceeding established\nmaximum operating pressure.\n(3) Leak detection. An operator must have a means to detect leaks on its pipeline\nsystem. An operator must evaluate the capability of its leak detection means and\nmodify, as necessary, to protect the high consequence area. An operator's\nevaluation must, at least, consider, the following factors–length and size of the\npipeline, type of product carried, the pipeline's proximity to the high consequence\narea, the swiftness of leak detection, location of nearest response personnel, leak\nhistory, and risk assessment results.\n(4) Emergency Flow Restricting Devices (EFRD). If an operator determines that\nan EFRD is needed on a pipeline segment to protect a high consequence area in\nthe event of a hazardous liquid pipeline release, an operator must install the\nEFRD. In making this determination, an operator must, at least, consider the\nfollowing factors–the swiftness of leak detection and pipeline shutdown\ncapabilities, the type of commodity carried, the rate of potential leakage, the\nvolume that can be released, topography or pipeline profile, the potential for\nignition, proximity to power sources, location of nearest response personnel,\nspecific terrain between the pipeline segment and the high consequence area, and\nbenefits expected by reducing the spill size.\nThe HECO procedures are inadequate for defining and ranking Preventive and\n3\n\n\n\nMitigative Measures (P&MM) of their facility. This is important to ensure future\nP&MM decisions are made in a consistent and risk based manner.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies\n(49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your\namended procedures to my office within 30 days of receipt of this Notice. This period may be\nextended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIn correspondence concerning this matter, please refer to CPF 5-2009-5010M 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\ncc: PHP-60 Compliance Registry\nPHP-500 H. Nguyen (#121974)\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n4","truncated":false,"body_characters":10379}