{"operation":"document","citation":"CPF 520120021W","title":"ISLAND ENERGY — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-09-28","effective_on":null,"summary":"CLOSED warning letter citing 192.616(b), 192.616(c), 192.616(h).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520120021w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520120021w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520120021w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520120021W","body":"Warning Letter involving ISLAND ENERGY. PHMSA's enforcement data identifies the cited regulations as 192.616(b),  192.616(c),  192.616(h). The case was opened on 2012-09-28 and is reported as closed as of 2012-09-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520120021W_Warning Letter_ 09282012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520120021W/520120021W_Warning%20Letter_%2009282012_text.pdf\n\n520120021W_Warning Letter_09282012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520120021W/520120021W_Warning%20Letter_09282012.pdf\n\n520120021W_Warning Letter_09282012.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n12300 W. Dakota Ave., Suite 110\nLakewood, CO 80228\nWARNING LETTER\nCERTIFIED MAIL- RETURN RECEIPT REQUESTED\nSeptember 28,2012\nMr. Peter Guadagni\nGeneral Manager\nIsland Energy\n440 Walnut Avenue\nMare Island, CA 94592-0001\nCPF 5-2012-0021 W\nDear Mr. Guadagni:\nOn March 7, 2012, representatives ofthe Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your Public Awareness Program\nin Mare Island, California.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable\nviolations are:\n1. §192.616 Public Awareness\n(h) Operators in existence on June 20, 2005, must have completed their written programs\nno later than June 20, 2006.\nIsland Energy did not develop a written public awareness plan until October 2011. During our\ninspection, Island Energy could not produce any documentation that a written public awareness plan\nexisted before October 2011.\n\n\n\n2. §192.616 Public Awareness\n(b) The operator's program must follow the general program recommendations of API RP\n1162 and assess the unique attributes and characteristics of the operator's pipeline and\nfacilities.\nIsland Energy did not clearly describe the 1 0\" diameter pipeline that supplies the natural gas to the Island\nEnergy distribution system. The pipeline was not clearly defined as a specific asset covered in the Public\nAwareness program, nor were the unique attributes of that pipeline assessed.\n3. §192.616 Public Awareness\n(c) The operator must follow the general program recommendations, including baseline and\nsupplemental requirements of API RP 1162, unless the operator provides justification in\nits program or procedural manual as to why compliance with all or certain provisions of\nthe recommended practice is not practicable and not necessary for safety.\nThe Island Energy Public Awareness Plan does not include a written evaluation process that specifies\nhow Island Energy will periodically evaluate program implementation and effectiveness. Furthermore,\nIsland Energy could not produce any documentation showing a written evaluation had been conducted.\nUnder 49 United States Code,§ 60122, you are subject to a civil penalty not to exceed $100,000 for each\nviolation for each day the violation persists up to a maximum of $1 ,000,000 for any related series of\nviolations. We have reviewed the circumstances and supporting documents involved in this case, and\nhave decided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in Island\nEnergy being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 5-\n2012-0021 W. Be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincere~~ \"\n~t?'dJ\na\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 R. Reineke (#137906)\n2\n\n520120021W_Warning Letter_ 09282012_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 28, 2012\nMr. Peter Guadagni\nGeneral Manager\nIsland Energy\n440 Walnut Avenue\nMare Island, CA 94592-0001\nCPF 5-2012-0021W\nDear Mr. Guadagni:\nOn March 7, 2012, representatives of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your Public Awareness Program\nin Mare Island, California.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable\nviolations are:\n1. §192.616 Public Awareness\n(h) Operators in existence on June 20, 2005, must have completed their written programs\nno later than June 20, 2006.\nIsland Energy did not develop a written public awareness plan until October 2011. During our\ninspection, Island Energy could not produce any documentation that a written public awareness plan\nexisted before October 2011.\n\n\n\n2. §192.616 Public Awareness\n(b) The operator’s program must follow the general program recommendations of API RP\n1162 and assess the unique attributes and characteristics of the operator’s pipeline and\nfacilities.\nIsland Energy did not clearly describe the 10” diameter pipeline that supplies the natural gas to the Island\nEnergy distribution system. The pipeline was not clearly defined as a specific asset covered in the Public\nAwareness program, nor was the unique attributes of that pipeline assessed.\n3. §192.616 Public Awareness\n(c) The operator must follow the general program recommendations, including baseline and\nsupplemental requirements of API RP 1162, unless the operator provides justification in\nits program or procedural manual as to why compliance with all or certain provisions of\nthe recommended practice is not practicable and not necessary for safety.\nThe Island Energy Public Awareness Plan does not include a written evaluation process that specifies\nhow Island Energy will periodically evaluate program implementation and effectiveness. Furthermore,\nIsland Energy could not produce any documentation showing a written evaluation had been conducted.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000 for each\nviolation for each day the violation persists up to a maximum of $1,000,000 for any related series of\nviolations. We have reviewed the circumstances and supporting documents involved in this case, and\nhave decided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in Island\nEnergy being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 5-\n2012-0021W. Be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment 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 R. Reineke (#137906)\n2","truncated":false,"body_characters":7997}