{"operation":"document","citation":"CPF 520125005W","title":"HECO - HAWAIIAN ELECTRIC COMPANY, INC. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-04-18","effective_on":null,"summary":"CLOSED warning letter citing 195.440(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520125005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520125005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520125005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520125005W","body":"Warning Letter involving HECO - HAWAIIAN ELECTRIC COMPANY, INC.. PHMSA's enforcement data identifies the cited regulation as 195.440(c). The case was opened on 2012-04-18 and is reported as closed as of 2012-04-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520125005W_warning letter_04182012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125005W/520125005W_warning%20letter_04182012.pdf\n\n520125005W_warning letter_04182012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125005W/520125005W_warning%20letter_04182012_text.pdf\n\n520125005W_warning letter_04182012_text.pdf\n\nWARNING LETTER\nVIA UPS 2ND DAY AIR - 1ZWR25880298368340\nApril 18, 2012\nMr. Jon Arakaki\nDirector, Fuel Infrastructure Division\nHawaiian Electric Company\n91-196 Hanau St\nKapolei, Hawaii 96782\nCPF 5-2012-5005W\nDear Mr. Arakaki:\nOn March 26, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nHawaiian Electric Company’s (HECO) Public Awareness Program in Kapolei, Hawaii.\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 item inspected and\nthe probable violation is:\n1. §195.440 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.\nHECO did not perform the following program effectiveness evaluations as indentified in API\nRP 1162, Section 8.4.1 through 8.4.3:\n1) Evaluations of the number of actual program outreach for each stakeholder audience\nor justify why the evaluation was not conducted.\n\n\n\n2) Evaluation of stakeholders’ understanding of HECO’s program messages or justify\nwhy the evaluation was not conducted.\n3) Evaluation of desired behaviors by stakeholder audience or justify why the evaluation\nwas not conducted.\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 Hawaiian Electric Company\nbeing subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2012-5005W, and send all documents to our office at 188 W. Northern Lights\nBlvd., Suite 520, Anchorage, AK 99503. Be advised that all material you submit in response\nto 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.\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 (#137750)\n2","truncated":false,"body_characters":3721}