# SILICON VALLEY POWER — Notice of Amendment - **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:** Not available - **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. Official case documents: 520130003M_closure letter_08302013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130003M/520130003M_closure%20letter_08302013.pdf 520130003M_closure letter_08302013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130003M/520130003M_closure%20letter_08302013_text.pdf 520130003M_notice of amendment_04252013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130003M/520130003M_notice%20of%20amendment_04252013.pdf 520130003M_notice of amendment_04252013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130003M/520130003M_notice%20of%20amendment_04252013_text.pdf 520130003M_Operator Response_05292013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130003M/520130003M_Operator%20Response_05292013.pdf 520130003M_notice of amendment_04252013_text.pdf NOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED April 25, 2013 Mr. Greg Harris Silicon Valley Power City of Santa Clara 1500 Warburton Avenue Santa Clara, CA 95050 CPF 5-2013-0003M Dear Mr. Harris: On November 28-30, 2012, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Silicon Valley Power’s (SVP) procedures and records for their anti-drug and alcohol misuse plans in Santa Clara, California. As a result of the inspection, PHMSA has identified inadequacies found within SVP’s anti-drug and alcohol misuse plan procedures as described below: 1. §199.101 Anti-drug plan. (a) Each operator shall maintain and follow a written anti-drug plan that conforms to the requirements of this part and the DOT Procedures. The plan must contain— (1) Methods and procedures for compliance with all the requirements of this part, including the employee assistance program. The SVP anti-drug plan procedures were unclear to our Substance Abuse/Misuse Director. Within the anti-drug plan, references are made to regulations under the purview of the Federal Motor Carrier Safety Administration (FMCSA), which are not always applicable to personnel performing pipeline covered functions or consistent with PHMSA pipeline safety regulations. These references are potentially confusing for covered employees and plan administrators. SVP’s anti-drug plan must detail the methods and procedures used to ensure that “covered” employees, as defined by §199.3, comply with all of the requirements of 49 CFR Part 199. 2. §199.202 Alcohol misuse plan. Each operator must maintain and follow a written alcohol misuse plan that conforms to the requirements of this part and DOT Procedures concerning alcohol testing programs. The plan shall contain methods and procedures for compliance with all the requirements of this subpart, including required testing, recordkeeping, reporting, education and training elements. The SVP alcohol misuse plan procedures were unclear to our Substance Abuse/Misuse Director. Within the alcohol misuse plan, references are made to regulations under the purview of the Federal Motor Carrier Safety Administration (FMCSA), which are not always applicable to personnel performing pipeline covered functions or consistent with PHMSA pipeline safety regulations. These references are potentially confusing for covered employees and plan administrators. SVP’s alcohol misuse plan must detail the methods and procedures used to ensure that “covered” employees, as defined by §199.3, comply with all of the requirements of 49 CFR Part 199. Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 CFR § 190.237. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final Order. 2 If, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 CFR § 190.237). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within thirty (30) days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. It is requested (not mandated) that Silicon Valley Power maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total to Chris Hoidal, Director, Western Region, Pipeline and Hazardous Materials Safety Administration, In correspondence concerning this matter, please refer to CPF 5-2013-0003M and send all documents to our office at 12300 W Dakota Ave, Suite 110, Lakewood CO, 80228, and for each document you submit please provide a copy in electronic format whenever possible. Sincerely, Chris Hoidal Director, Western Region Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings cc: PHP-60 Compliance Registry PHP-2 Stanley Kastanas (#141934) 3 520130003M_closure letter_08302013_text.pdf CERTIFIED MAIL - RETURN RECEIPT REQUESTED August 30, 2013 Mr. Greg Harris Silicon Valley Power City of Santa Clara 1500 Warburton Avenue Santa Clara, CA 95050 CPF 5-2013-0003M Closure Letter Dear Mr. Harris: On November 28-30, 2012, a representative from the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site pipeline safety inspection of Silicon Valley Power procedures in your Anti-Drug and Alcohol Misuse Plan. As a result of the inspection, Silicon Valley Power was issued a Notice of Amendment on April 25, 2013, which proposed amendment of your procedures. Silicon Valley Power submitted its final amended procedures on August 26, 2013. My staff reviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment have been corrected. This letter is to inform you no further action is necessary and this case is now closed. Thank you for your cooperation. Sincerely, Chris Hoidal Director, Western Region Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry PHP-2 S. Kastanas (#141934) - **truncated:** false - **body characters:** 7517