{"operation":"document","citation":"CPF 520110003W","title":"CITY OF REDDING — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-01-13","effective_on":null,"summary":"CLOSED warning letter citing 192.809(a), 192.809(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520110003W","body":"Warning Letter involving CITY OF REDDING. PHMSA's enforcement data identifies the cited regulations as 192.809(a),  192.809(b). The case was opened on 2011-01-13 and is reported as closed as of 2011-01-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520110003W_warning letter_01132001_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110003W/520110003W_warning%20letter_01132001_text.pdf\n\n520110003W_warning letter_01132011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110003W/520110003W_warning%20letter_01132011.pdf\n\n520110003W_warning letter_01132011.pdf\n\n12300 W. Dakota Ave., Suite 110\nu.s. Department Lakewood, CO 80228\nof Transportation\nPipeline and\nHazardous MaterialS Safety\nAdministration\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 13,2011\nMr. Paul A. Cummings\nAssistant Director\nCity of Redding\nRedding Electric Utility\n17120 Clear Creek Road\nRedding, CA 96001\nCPF 5-2011-0003W\nDear Mr. Paul A. Cummings:\nOn March 18,2010, a representative ofthe Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nOperator Qualification program in Redding, California.\nAs a result of the inspection, it appears that you have committed probable violations ofthe\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n1. §192.809 (a) Operators must have a written qualification program by April\n27,2001. The program must be available for review by the Administrator or\nby a state agency participating under 49 U.S.c. Chapter 601 if the program\nis under the authority of that state agency.\n\n\n\nRedding Electric Utility (REU) did not have a written qualification program by April 27,\n2001 for its pipeline personnel. A City of Redding official stated that the Operator\nQualification (OQ) program was not available until February 1, 2008 was shown as the\noriginal effective date for the City of Redding Natural Gas Transmission Pipeline\nOperator Qualification Plan.\n2. §192.809 (b) Operators must complete the qualification of individuals\nperforming covered tasks by October 28, 2002.\nNo documents were produced to show that the qualification of individuals performing\ncovered tasks was completed by October 28,2002. Individuals performing covered\ntasks for the natural gas pipeline are now qualified under the current City of Redding OQ\nPlan.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of$1 ,000,000 for any\nrelated series ofviolations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in Redding Electric Utility being subject to additional enforcement\naction.\nNo reply to this letter is required. Ifyou choose to reply. in your correspondence please refer to\nCPF 5-2011-0003W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion ofyour\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy ofthe document with the portions\nyou believe qualify for confidential treatment redacted and an explanation ofwhy you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.c. 552(b).\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 P. Nguyen\n2\n\n520110003W_warning letter_01132001_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 13, 2011\nMr. Paul A. Cummings\nAssistant Director\nCity of Redding\nRedding Electric Utility\n17120 Clear Creek Road\nRedding, CA 96001\nCPF 5-2011-0003W\nDear Mr. Paul A. Cummings:\nOn March 18, 2010, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nOperator Qualification program in Redding, 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 the\nprobable violations are:\n1. §192.809 (a) Operators must have a written qualification program by April\n27, 2001. The program must be available for review by the Administrator or\nby a state agency participating under 49 U.S.C. Chapter 601 if the program\nis under the authority of that state agency.\n\n\n\nRedding Electric Utility (REU) did not have a written qualification program by April 27,\n2001 for its pipeline personnel. A City of Redding official stated that the Operator\nQualification (OQ) program was not available until February 1, 2008 was shown as the\noriginal effective date for the City of Redding Natural Gas Transmission Pipeline\nOperator Qualification Plan.\n2. §192.809 (b) Operators must complete the qualification of individuals\nperforming covered tasks by October 28, 2002.\nNo documents were produced to show that the qualification of individuals performing\ncovered tasks was completed by October 28, 2002. Individuals performing covered\ntasks for the natural gas pipeline are now qualified under the current City of Redding OQ\nPlan.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in Redding Electric Utility being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2011-0003W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe 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).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 P. Nguyen\n2","truncated":false,"body_characters":6976}