{"operation":"document","citation":"CPF 520126013M","title":"HECO - HAWAIIAN ELECTRIC COMPANY, INC. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-04-19","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(11), 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520126013m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520126013m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520126013m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520126013M","body":"Notice of Amendment involving HECO - HAWAIIAN ELECTRIC COMPANY, INC.. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(11),  195.402(c)(3). The case was opened on 2012-04-19 and is reported as closed as of 2012-07-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520126013M_closure letter_07032012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126013M/520126013M_closure%20letter_07032012.pdf\n\n520126013M_closure letter_07032012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126013M/520126013M_closure%20letter_07032012_text.pdf\n\n520126013M_notice of amendment_04192012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126013M/520126013M_notice%20of%20amendment_04192012.pdf\n\n520126013M_notice of amendment_04192012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126013M/520126013M_notice%20of%20amendment_04192012_text.pdf\n\n520126013M_operator response_05162012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520126013M/520126013M_operator%20response_05162012.pdf\n\n520126013M_notice of amendment_04192012_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 19, 2012\nMr. Floyd Shiroma\nDirector\nHawaiian Electric Company Inc.\n475 Kamehameha Highway\nPearl City, HI 96782\nCPF 5-2012-6013M\nDear Mr. Shiroma:\nOn March 24 and 25, 2011, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected the\nHawaii Electric Company Inc. (HECO) procedures for operations and maintenance of your\nLow Sulfur Fuel Oil and Diesel pipeline in Honolulu, Hawaii.\nOn the basis of our inspection, PHMSA identified apparent inadequacies within HECO’s\nOperation and Maintenance (O&M) procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart [F] and subpart H of this part.\nHECO’s Operation and Maintenance manual procedures for conducting inspections of rights-\nof-way (ROW) and crossings under navigable waters, as required by Part §195.412(a), is\ninadequate. Regulation §195.412(a) requires, “Each operator shall, at intervals not exceeding 3\n\n\n\nweeks, but at least 26 times each calendar year, inspect the surface conditions on or adjacent to\neach pipeline right-of-way. Methods of inspection include walking, driving, flying or other\nappropriate means of traversing the right-of-way.” HECO’s ROW and crossing inspection\nprocedures did not contain a process for documenting potential safety concerns or concerns\ndiscovered during the inspections. HECO must amend their O&M procedures to include a\nprocess for documenting surface conditions, particularly those that need to be addressed in\norder to provide safety, following the inspections required by Part §195.412(a).\n2. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(11) Minimizing the likelihood of accidental ignition of vapors in areas near\nfacilities identified under paragraph (c) (4) of this section where the potential exists\nfor the presence of flammable liquids or gases.\nAt the time of the inspection, HECO’s Operation and Maintenance manual did not address all\nof the requirements pertaining to §195.402(c) (11). HECO’s O&M procedure 13.3, with respect\nto prevention of accidental ignition, did not include the hot work permitting process. Following\nthe inspection, HECO submitted a letter dated April 8, 2011 to my staff stating that HECO had\ncompleted a written procedure for hot work permitting process. Unfortunately, it appears that\nthe process did not include the requirement for testing the vapors or hazardous atmosphere\nprior to the initiation of the permitted activity. An operator’s procedure for hot work permitting\nmust include a method to test the vapors or hazardous atmosphere. Therefore, HECO must\namend their procedure to include the test method for vapors or hazardous atmosphere as\nrequired by Part §195.402(c) (11).\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 information\nqualifies 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\nthis Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as\nalleged in this Notice without further notice to you and to issue a Final Order.\n\n\n\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies\n(49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your\namended procedures to my office within 30 days of receipt of this Notice. This period may be\nextended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that HECO maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Chris Hoidal, Director, Western Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 5-2012-6013M and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 G. Davis (#133322)\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n\n520126013M_closure letter_07032012_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 3, 2012\nMr. Jon M. Arakaki\nDirector, Fuels Infrastructure Division\nHawaiian Electric Company, Inc.\nP.O. Box 2750\nHonolulu, HI 96840-0001\nCPF 5-2012-6013M\nDear Mr. Arakaki:\nOn March 24 and 25, 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 Hawaiian Electric Company, Inc.(HECO) procedures in\nHonolulu, Hawaii. As a result of the inspection, HECO was issued a Notice of Amendment on\nApril 19, 2012, which proposed amendment of your procedures.\nHECO submitted its amended procedures on May 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 G. Davis (#131602)","truncated":false,"body_characters":8100}