{"operation":"document","citation":"CPF 520110019M","title":"BARROW UTILITIES & ELECTRIC CORP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-10-25","effective_on":null,"summary":"CLOSED notice of amendment citing 192.616.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110019m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110019m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110019m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520110019M","body":"Notice of Amendment involving BARROW UTILITIES & ELECTRIC CORP. PHMSA's enforcement data identifies the cited regulation as 192.616. The case was opened on 2011-10-25 and is reported as closed as of 2012-02-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520110019M_closure letter_02162012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110019M/520110019M_closure%20letter_02162012.pdf\n\n520110019M_closure letter_02162012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110019M/520110019M_closure%20letter_02162012_text.pdf\n\n520110019M_notice of amendment_10252011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110019M/520110019M_notice%20of%20amendment_10252011.pdf\n\n520110019M_notice of amendment_10252011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110019M/520110019M_notice%20of%20amendment_10252011_text.pdf\n\n520110019M_notice of amendment_10252011_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 25, 2011\nMr. Allen Nesteby\nOperations Superintendent\nBarrow Utilities & Electric Cooperative, Inc.\n1295 Agvik St.\nP.O. Box 449\nBarrow Alaska 99723\nCPF 5-2011-0019M\nDear Mr. Nesteby:\nOn October 1, 2011, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code inspected\nBarrow Utilities & Electric Cooperative’s (BUECI) procedures for Public Awareness\nProgram in Anchorage, Alaska.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nBUECI’s plans or procedures, as described below:\n1. §192.616 Public Awareness\n(a) Except for an operator of a master meter or petroleum gas system covered\nunder paragraph (j) of this section, each pipeline operator must develop and\nimplement a written continuing public education program that follows the\nguidance provided in the American Petroleum Institute's (API) Recommended\nPractice (RP) 1162 (incorporated by reference,\nBUECI’s Public Awareness Program does not list where a statement of management support\ncan be found. BUECI’s Public Awareness Program section 1.5, “Commitment from\nManagement” lists table 13. Table 13 lists Chapter 2, Section U of BUECI’s O&M manual.\nThe O&M manual did not contain a section U, in Chapter 2. BUECI’s Public Awareness\nProgram must list where a statement of management support can be found.\n\n\n\n2. §192.616 Public Awareness\n(a) Except for an operator of a master meter or petroleum gas system covered\nunder paragraph (j) of this section, each pipeline operator must develop and\nimplement a written continuing public education program that follows the\nguidance provided in the American Petroleum Institute's (API) Recommended\nPractice (RP) 1162 (incorporated by reference,\nBUECI’s Public Awareness Program indicates that no incidents or near-misses have\noccurred on their system in the past 10 years (Section 1.1). The 2010 Annual Report\nindicates that third party damage has occurred in 2010. BUECI must amend the Public\nAwareness Program to indicate that damage has occurred.\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\nin this Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 90 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that Barrow Utilities & Electric Cooperative, Inc. maintain\ndocumentation of the safety improvement costs associated with fulfilling this Notice of\nAmendment (preparation/revision of plans, procedures) and submit the total to Dennis\nHinnah, Deputy Director, Western Region, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to CPF 5-2011-\n0019M and, for each document you submit, please provide a copy in electronic format\nwhenever possible.\n2\n\n\n\nSincerely,\nDennis Hinnah\nDeputy Director, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 B. Flanders (#135551)\n3\n\n520110019M_closure letter_02162012_text.pdf\n\nFebruary 16, 2012\nMr. Allen Nesteby\nOperations Superintendent\nBarrow Utilities & Electric Cooperative, Inc.\n1295 Agvik St.\nP.O. Box 449\nBarrow Alaska 99723\nCPF 5-2011-0019M\nDear Mr. Nesteby:\nOn October 1, 2011, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an\non-site pipeline safety inspection of Barrow Utilities & Electric Cooperative’s (BUECI)\nPublic Awareness Program procedures in Borrow, Alaska. As a result of the inspection,\nBUECI was issued a Notice of Amendment on October 25, 2011, which proposed\namendment of your procedures.\nBUECI submitted its amended procedures on January 31, 2011. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nDennis Hinnah\nDeputy Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 B. Flanders (#135551)","truncated":false,"body_characters":6779}