{"operation":"document","citation":"CPF 520130004M","title":"SUNRISE POWER COMPANY, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-04-26","effective_on":null,"summary":"CLOSED notice of amendment citing 192.616(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520130004m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520130004m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520130004m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520130004M","body":"Notice of Amendment involving SUNRISE POWER COMPANY, LLC. PHMSA's enforcement data identifies the cited regulation as 192.616(c). The case was opened on 2013-04-26 and is reported as closed as of 2013-08-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520130004M_closure letter_08072013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130004M/520130004M_closure%20letter_08072013.pdf\n\n520130004M_closure letter_08072013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130004M/520130004M_closure%20letter_08072013_text.pdf\n\n520130004M_notice of amendment_04262013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130004M/520130004M_notice%20of%20amendment_04262013.pdf\n\n520130004M_notice of amendment_04262013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130004M/520130004M_notice%20of%20amendment_04262013_text.pdf\n\n520130004M_operator response_05222013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130004M/520130004M_operator%20response_05222013.pdf\n\n520130004M_closure letter_08072013_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 7, 2013\nMr. Kelly Lucas\nExecutive Director\nEdison Mission Operations and Maintenance\nSunrise Power Company, LLC\nP.O. Box 81617\nBakersfield, CA 93380\nCPF 5-2013-0004M\nClosure Letter\nDear Mr. Lucas:\nOn February April 24, 2012, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, inspected Edison\nMission’s Operations and Maintenance procedures for their Public Awareness Program in\nFellows, California. As a result of the inspection, Edison Mission was issued a Notice of\nAmendment on April 26, 2013, which proposed amendment of your procedures.\nEdison Mission submitted its amended Public Awareness Program procedures on May 22, 2013.\nMy staff reviewed the amended procedures, and it appears that the inadequacies outlined in this\nNotice of Amendment have been corrected.\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 P. Nguyen (#138731)\n\n520130004M_notice of amendment_04262013_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 26, 2013\nMr. David King\nPlant Manager\nEdison Mission Operation and Maintenance\nSunrise Power Company, LLC\nP.O. Box 5485\nBakersfield, CA 93388-5484\nCPF 5-2013-0004M\nDear Mr. King:\nOn April 24, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Edison\nMission’s Operations and Maintenance procedures for their Public Awareness Program in\nFellows, California.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nEdison Mission’s Operation and Maintenance procedures for Public Awareness, as described\nbelow:\n\n\n\n1. § 192.616 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 practical and not\nnecessary for safety.\nEdison Mission Operation and Maintenance lacks procedures to track the number of entities\nreached within each audience identified in the Public Awareness Program as required by API RP\n1162 Section 8.4.1.\n2. § 192.616 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 practical and not\nnecessary for safety.\nEdison Mission did not specify the effectiveness evaluation frequency in their Public Awareness\nProgram procedures. It was noted that Edison Mission conducted one review in September\n2009.\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\npart 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 for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust 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 days\nof 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\nthis Notice 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\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.\n2\n\n\n\nIt is requested (not mandated) that Edison Mission Operation and Maintenance maintain\ndocumentation of the safety improvement costs associated with fulfilling this Notice of\nAmendment procedures and submit the total to Chris Hoidal, Director, Western Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter,\nplease refer to CPF 5-2013-0004M 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\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\nCc: PHP-60 Compliance Registry\nPHP-500 P. Nguyen (#138731)\n3","truncated":false,"body_characters":6631}