{"operation":"document","citation":"CPF 520130003M","title":"SILICON VALLEY POWER — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-04-25","effective_on":null,"summary":"CLOSED notice of amendment citing 199.101(a)(1), 199.202.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520130003m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520130003m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520130003m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520130003M","body":"Notice of Amendment involving SILICON VALLEY POWER. PHMSA's enforcement data identifies the cited regulations as 199.101(a)(1),  199.202. The case was opened on 2013-04-25 and is reported as closed as of 2013-08-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520130003M_closure letter_08302013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130003M/520130003M_closure%20letter_08302013.pdf\n\n520130003M_closure letter_08302013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130003M/520130003M_closure%20letter_08302013_text.pdf\n\n520130003M_notice of amendment_04252013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130003M/520130003M_notice%20of%20amendment_04252013.pdf\n\n520130003M_notice of amendment_04252013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130003M/520130003M_notice%20of%20amendment_04252013_text.pdf\n\n520130003M_Operator Response_05292013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130003M/520130003M_Operator%20Response_05292013.pdf\n\n520130003M_notice of amendment_04252013_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 25, 2013\nMr. Greg Harris\nSilicon Valley Power\nCity of Santa Clara\n1500 Warburton Avenue\nSanta Clara, CA 95050\nCPF 5-2013-0003M\nDear Mr. Harris:\nOn November 28-30, 2012, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected Silicon Valley Power’s (SVP) procedures and records for their anti-drug and\nalcohol misuse plans in Santa Clara, California.\nAs a result of the inspection, PHMSA has identified inadequacies found within SVP’s\nanti-drug and alcohol misuse plan procedures as described below:\n1. §199.101 Anti-drug plan.\n(a) Each operator shall maintain and follow a written anti-drug plan that\nconforms to the requirements of this part and the DOT Procedures. The plan\nmust contain—\n(1) Methods and procedures for compliance with all the requirements of this\npart, including the employee assistance program.\n\n\n\nThe SVP anti-drug plan procedures were unclear to our Substance Abuse/Misuse\nDirector. Within the anti-drug plan, references are made to regulations under the purview\nof the Federal Motor Carrier Safety Administration (FMCSA), which are not always\napplicable to personnel performing pipeline covered functions or consistent with PHMSA\npipeline safety regulations. These references are potentially confusing for covered\nemployees and plan administrators. SVP’s anti-drug plan must detail the methods and\nprocedures used to ensure that “covered” employees, as defined by §199.3, comply with\nall of the requirements of 49 CFR Part 199.\n2. §199.202 Alcohol misuse plan.\nEach operator must maintain and follow a written alcohol misuse plan that\nconforms to the requirements of this part and DOT Procedures concerning\nalcohol testing programs. The plan shall contain methods and procedures\nfor compliance with all the requirements of this subpart, including required\ntesting, recordkeeping, reporting, education and training elements.\nThe SVP alcohol misuse plan procedures were unclear to our Substance Abuse/Misuse\nDirector. Within the alcohol misuse plan, references are made to regulations under the\npurview of the Federal Motor Carrier Safety Administration (FMCSA), which are not\nalways applicable to personnel performing pipeline covered functions or consistent with\nPHMSA pipeline safety regulations. These references are potentially confusing for\ncovered employees and plan administrators. SVP’s alcohol misuse plan must detail the\nmethods and procedures used to ensure that “covered” employees, as defined by §199.3,\ncomply with all of the requirements of 49 CFR Part 199.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 CFR § 190.237.\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline\nOperators in Compliance Proceedings. Please refer to this document and note the\nresponse options. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive 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\nthe portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5\nU.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice, this\nconstitutes a waiver of your right to contest the allegations in this Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue a Final Order.\n2\n\n\n\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as\nalleged in this Notice, you may be ordered to amend your plans or procedures to correct\nthe inadequacies (49 CFR § 190.237). If you are not contesting this Notice, we propose\nthat you submit your amended procedures to my office within thirty (30) days of receipt\nof this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this\nenforcement action will be closed.\nIt is requested (not mandated) that Silicon Valley Power maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Chris Hoidal, Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration,\nIn correspondence concerning this matter, please refer to CPF 5-2013-0003M and send\nall documents to our office at 12300 W Dakota Ave, Suite 110, Lakewood CO, 80228,\nand for each document you submit please provide a copy in electronic format whenever\npossible.\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-2 Stanley Kastanas (#141934)\n3\n\n520130003M_closure letter_08302013_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 30, 2013\nMr. Greg Harris\nSilicon Valley Power\nCity of Santa Clara\n1500 Warburton Avenue\nSanta Clara, CA 95050\nCPF 5-2013-0003M\nClosure Letter\nDear Mr. Harris:\nOn November 28-30, 2012, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site\npipeline safety inspection of Silicon Valley Power procedures in your Anti-Drug and Alcohol Misuse\nPlan. As a result of the inspection, Silicon Valley Power was issued a Notice of Amendment on April 25,\n2013, which proposed amendment of your procedures.\nSilicon Valley Power submitted its final amended procedures on August 26, 2013. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment have\nbeen corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you for your\ncooperation.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-2 S. Kastanas (#141934)","truncated":false,"body_characters":7517}