{"operation":"document","citation":"CPF 520121001M","title":"MIDWAY SUNSET COGENERATION CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-02-21","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(c), 192.613(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520121001m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520121001m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520121001m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520121001M","body":"Notice of Amendment involving MIDWAY SUNSET COGENERATION CO. PHMSA's enforcement data identifies the cited regulations as 192.605(c),  192.613(a). The case was opened on 2012-02-21 and is reported as closed as of 2012-03-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520121001M_closure letter_03302012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121001M/520121001M_closure%20letter_03302012.pdf\n\n520121001M_closure letter_03302012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121001M/520121001M_closure%20letter_03302012_text.pdf\n\n520121001M_notice of amendment_02212012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121001M/520121001M_notice%20of%20amendment_02212012.pdf\n\n520121001M_notice of amendment_02212012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121001M/520121001M_notice%20of%20amendment_02212012_text.pdf\n\n520121001M_Operator Response_03162012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520121001M/520121001M_Operator%20Response_03162012.pdf\n\n520121001M_closure letter_03302012_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 30, 2012\nMr. Greg Jans\nPlant Manager\nMidway Sunset Cogeneration Company\n3466 Crocker Springs Road\nFellows, CA 93224-0457\nCPF 5-2012-1001M\nDear Mr. Jans:\nOn Nov 7-10, 2011, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-\nsite pipeline safety inspection of Midway Sunset Cogeneration Company’s (MSCC) procedures\nin Fellows, California. As a result of the inspection, MSCC was issued a Notice of Amendment\non February 21, 2012, which proposed amendment of your procedures.\nMSCC submitted its amended procedures on March 16, 2012. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Hubbard (#132998)\n\n520121001M_notice of amendment_02212012_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 21, 2012\nMr. Greg Jans\nPlant Manager\nMidway Sunset Cogeneration Company\n3466 Crocker Springs Road\nFellows, CA 93224-0457\nCPF 5-2012-1001M\nDear Mr. Jans:\nOn Nov 7-10, 2011, representatives of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Midway Sunset Cogeneration\nCompany’s (MSCC) procedures for operations, maintenance and emergency response in Fellows,\nCalifornia.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within MSCC’s\nplans or procedures, as described below:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of written\nprocedures for conducting operations and maintenance activities and for emergency\nresponse. For transmission lines, the manual must also include procedures for handling\nabnormal operations. This manual must be reviewed and updated by the operator at\nintervals not exceeding 15 months, but at least once each calendar year. This manual must\nbe prepared before operations of a pipeline system commence. Appropriate parts of the\nmanual must be kept at locations where operations and maintenance activities are\nconducted….\n(c) Abnormal operation. For transmission lines, the manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety when operating\ndesign limits have been exceeded.\nThe Midway Sunset Cogeneration Company O&M manual did not contain procedures for\ndealing with Abnormal Operating Conditions. Currently, MSCC treats Abnormal Operating\nConditions as an Emergency Condition. The MSCC O&M manual did not include specific\nprocedures on how Abnormal Operating Conditions should be handled, as required by §\n192.605(c).\n\n\n\n2. §192.613 Continuing surveillance.\n(a) Each operator shall have a procedure for continuing surveillance of its facilities to\ndetermine and take appropriate action concerning changes in class location, failures,\nleakage history, corrosion, substantial changes in cathodic protection requirements, and\nother unusual operating and maintenance conditions.\nPursuant to § 192.613(a), MSCC is required to have procedures to determine and take appropriate\naction in regards to changes in corrosion conditions. However, the MSCC continuing surveillance\nprogram did not include a procedure that covered the actions to be taken if active corrosion is\ndiscovered.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as part of\nthis Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you submit in\nresponse to this enforcement 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. 552(b), along with\nthe complete original document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential 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 within 30\ndays of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this\nNotice 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 in this\nNotice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. §\n190.237). If you are not contesting this Notice, we propose that you submit your amended procedures to\nmy office within thirty days of receipt of this Notice. This period may be extended by written request for\ngood cause. Once the inadequacies identified herein have been addressed in your amended procedures,\nthis enforcement action will be closed.\nIt is requested (not mandated) that MSCC maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and\nsubmit the total to Chris Hoidal, Director, Western Region, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to CPF 5-2012-1001M and, for\neach document you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 D. Hubbard (#132998)","truncated":false,"body_characters":7272}