{"operation":"document","citation":"CPF 520120001","title":"ISLAND ENERGY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-01-19","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.285(c), 192.805(a), 192.805(g), 192.805(h).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520120001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520120001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520120001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520120001","body":"Notice of Probable Violation involving ISLAND ENERGY. PHMSA's enforcement data identifies the cited regulations as 192.285(c),  192.805(a),  192.805(g),  192.805(h). The case was opened on 2012-01-19 and is reported as closed as of 2012-07-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520120001_Final Order_07272012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520120001/520120001_Final%20Order_07272012.pdf\n\n520120001_Final Order_07272012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520120001/520120001_Final%20Order_07272012_text.pdf\n\n520120001_NOPV PCO_01192012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520120001/520120001_NOPV%20PCO_01192012.pdf\n\n520120001_NOPV PCO_01192012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520120001/520120001_NOPV%20PCO_01192012_text.pdf\n\n520120001_operator_response_02082012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520120001/520120001_operator_response_02082012.pdf\n\n520120001_Final Order_07272012_text.pdf\n\nJULY 27, 2012\nMr. Joe Sbranti\nExecutive Director\nPittsburg Power Company\n65 Civic Avenue\nPittsburg, CA 94565\nRe: CPF No. 5-2012-0001\nDear Mr. Sbranti:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that Island Energy has completed the actions specified in the Notice to\ncomply with the pipeline safety regulations. Therefore, this case is now closed. Service of the\nFinal Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Peter Guadagni, General Manager, Island Energy,\n440 Walnut Avenue, Vallejo, CA 94592\nMr. Chris Hoidal, Director, Western Region, PHMSA\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n__________________________________________\nIn the Matter of )\nPittsburg Power Company, ) CPF No. 5-2012-0001\nd/b/a Island Energy, )\na division of the City of Pittsburg, California, )\na municipal corporation, )\n)\n)\n)\nRespondent. )\n_________________________________________)\nFINAL ORDER\nOn June 28, 2011, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-\nsite inspection of the Operator Qualification (OQ) program of Island Energy (Island or\nRespondent) at its office in Vallejo, California. Island Energy is a public utility that provides\nretail natural gas services to customers on Mare Island in Vallejo, California, through\napproximately 207 miles of pipeline.\n1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated January 19, 2012, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Island Energy had committed various violations of 49 C.F.R. Part 192 and proposed\nordering Respondent to take certain measures to correct the alleged violations.\nIsland responded to the Notice by letters dated February 8, February 22, and May 21, 2012\n(Response). The company did not contest the allegations of violation and provided information\nconcerning the corrective actions it had taken. Respondent did not request a hearing and\ntherefore has waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, Island did not contest the allegations in the Notice that it violated\n49 C.F.R. Part 192, as follows:\n1 Pittsburg Power Company, doing business as Island Energy, is a “joint powers authority,” a public entity\npermitted under California law, and owned by the City of Pittsburg and the Redevelopment Authority of the City of\nPittsburg. See http://www.pittsburgpowerco.com; http://www.islandenergy.com (last accessed July 23, 2012).\n\n\n\n2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.805(a), which states:\n§ 192.805 Qualification program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(a) Identify covered tasks….\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.805(a) by failing to include\nprovisions in its written OQ program to identify covered tasks, as defined in § 192.801(b).\nSpecifically, the Notice alleged that, while Island had a covered task list and a process for\nidentifying covered tasks, the process did not apply the four-part test outlined in § 192.801(b) for\nidentifying a covered task.\nRespondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 192.805(a) by failing to include provisions in its written OQ program to identify\ncovered tasks as defined in § 192.801(b).\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.805(g), which states:\n§ 192.805 Qualification program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(a) …\n(g) Identify those covered tasks and the intervals at which evaluation\nof the individual's qualifications is needed….\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.805(g) by failing to identify the\nintervals at which evaluation of an individual’s qualifications is needed. Specifically, the Notice\nalleged that Island’s written OQ program specified an evaluation interval of not more than three\nyears, while Island’s covered task list specified an evaluation interval of not more than two\nyears. Respondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 192.805(g) by failing to identify the intervals at which evaluation of an individual’s\nqualifications is needed.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 192.285(c), which states:\n§ 192.285 Plastic pipe: Qualifying persons to make joints.\n(a) . . .\n(c) A person must be requalified under an applicable procedure, if\nduring any 12-month period that person:\n(1) Does not make any joints under that procedure; or\n(2) Has 3 joints or 3 percent of the joints made, whichever is greater,\nunder that procedure that are found unacceptable by testing under\n§192.513.\n\n\n\n3\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.285(c) by failing to include in its\nOQ program a requalification requirement for a person who, during any 12-month period, either\ndoes not make any joints under the applicable joining procedure or has 3 joints or 3 percent of\njoints made, whichever is greater, under that procedure found unacceptable by testing under\n§ 192.513. Specifically, the Notice alleged that Island’s OQ Program did not include these\nrequalification requirements for a person qualified to make joints in plastic pipe. The re-\nevaluation interval for this covered task was simply listed as two years and did not reduce the\ninterval to one year for individuals meeting these criteria.\nRespondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 192.285(c) by failing to include in its OQ Program a requalification requirement for\na person who, during any 12-month period, either does not make any joints under the applicable\njoining procedure or has 3 joints or 3 percent of the joints made, whichever is greater, under that\nprocedure found unacceptable by testing under § 192.513.\nItem 4: The Notice alleged that Respondent violated 49 C.F.R. § 192.805(h), which states:\n§ 192.805 Qualification program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(a) …\n(h) After December 16, 2004, provide training, as appropriate, to\nensure that individuals performing covered tasks have the necessary\nknowledge and skills to perform the tasks in a manner that ensures the safe\noperation of pipeline facilities….\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.805(h) by failing to provide\nappropriate training to ensure that individuals performing covered tasks had the necessary\nknowledge and skills to perform the tasks in a manner that ensured the safe operation of pipeline\nfacilities. Specifically, the Notice alleged that Island’s training for the covered tasks of welding\nand non-destructive testing, which consisted of a knowledge-based class, was inadequate.\nRespondent did not contest this allegation of violation.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated\n49 C.F.R. § 192.805(h) by failing to provide appropriate training to ensure that individuals\nperforming covered tasks have the necessary knowledge and skills to perform the tasks in a\nmanner that ensures the safe operation of pipeline facilities.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\n\n\n\n4\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1, 2, 3, and 4 in the Notice for\nviolations of 49 C.F.R. §§ 192.805(a), 192.805(g), 192.285(c), and 192.805(h), respectively.\nUnder 49 U.S.C. § 60118(a), each person who engages in the transportation of gas or who owns\nor operates a pipeline facility is required to comply with the applicable safety standards\nestablished under chapter 601. The Director indicates that Respondent has taken the following\nactions specified in the proposed compliance order:\n1. With respect to the violation of § 192.805(a) (Item 1), Respondent has analyzed\nits operations and maintenance activities to identify covered tasks using the four-part\ntest in § 192.801(b). Respondent has also added a periodic review of its operations\nand maintenance activities to its OQ Program for the purpose of identifying covered\ntasks.\n2. With respect to the violation of § 192.805(g) (Item 2), Respondent has updated the\nre-evaluation intervals listed in its OQ Program and the covered task list to ensure\nthat they are consistent.\n3. With respect to the violation of § 192.285(c) (Item 3), Respondent has revised its\nOQ Program to include the requalification requirement outlined in this regulation, and\nhas also updated the re-evaluation interval for this task to reflect this requirement.\n4. With respect to the violation of § 192.805(h) (Item 4), Respondent has revised its\nOQ Program training for the covered task of welding to meet the requirements in API\n1104. Respondent has revised its OQ plan training for the covered task of non-\ndestructive testing to require qualified individuals to have the American Society for\nNondestructive Testing NDT Level II certification or equivalent qualifications.\nAccordingly, I find that compliance has been achieved with respect to these violations.\nTherefore, the compliance terms proposed in the Notice are not included in this Order.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11491}