{"operation":"document","citation":"CPF 520110018W","title":"NORTH SLOPE BOROUGH ENERGY MANAGEMENT — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-10-25","effective_on":null,"summary":"CLOSED warning letter citing 192.616(c), 192.616(d), 192.616(e), 192.616(g).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110018w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110018w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110018w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520110018W","body":"Warning Letter involving NORTH SLOPE BOROUGH ENERGY MANAGEMENT. PHMSA's enforcement data identifies the cited regulations as 192.616(c),  192.616(d),  192.616(e),  192.616(g). The case was opened on 2011-10-25 and is reported as closed as of 2011-10-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520110018W_warning letter_10252011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110018W/520110018W_warning%20letter_10252011.pdf\n\n520110018W_warning letter_10252011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110018W/520110018W_warning%20letter_10252011_text.pdf\n\n520110018W_warning letter_10252011_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 25, 2011\nMr. Kent Grinage\nDirector of Public Works\nNorth Slope Borough\nP.O. Box 1120\nBarrow, Alaska 99723\nCPF 5-2011-0018W\nDear Mr. Grinage:\nOn October 5, 2011, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\nPublic Awareness Program (PAP) in Barrow, Alaska.\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:\n1. §192.616 Public Awareness\n(g) The program must be conducted in English and in other languages\ncommonly understood by a significant number and concentration of the non-\nEnglish speaking population in the operator's area.\nNorth Slope Borough’s (NSB) Nuiqsut PAP did not communicate in Inupiat, the native\nlanguage of the people of Nuiqsut. The operator did agree to KBRW radio announcements to\ninform Barrow and Nuiqsut residence of pipeline awareness.\n\n\n\n2. §192.616 Public Awareness\n(d) The operator's program must specifically include provisions to educate the\npublic, appropriate government organizations, and persons engaged in\nexcavation related activities on:\nThe operator had not sent out information in the past as required, but they did indicate that\nboth Barrow Transmission and Nuiqsut would send out information and conduct meetings to\nmeet this requirement before the end of 2011.\n3. §192.616 Public Awareness\n(e) The program must include activities to advise affected municipalities, school\ndistricts, businesses, and residents of pipeline facility locations.\nThe operator agrees to meet with schools and churches along the right of way in Barrow and\nNuiqsut in 2011.\n4. §192.616 Public Awareness\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why compliance\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\na) The operator did not send out information at the frequency required by API 1162\ntables 2.1-2.2 in the past, but relied on Barrow Utilities and Electric Cooperative Inc.\nDistribution’s mailings to inform the stakeholders. The operator will complete their\nfirst delivery before the end of 2011 for both Barrow and Nuiqsut.\nb) The operator meets with emergency response officials annually, but has not\ndocumented these meetings. The operator indicated that they would meet with\nemergency response officials before the end of the year and document that meeting.\nc) The operator in the past did not complete annual audits. The operator will conduct\nand document the 2011 annual audit.\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 the North Slope Borough\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 refer\nto CPF 5-2011-0018W. 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,\nDennis Hinnah\nDeputy Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 B. Flanders (#135837)\n3","truncated":false,"body_characters":4992}