# SUNRISE POWER COMPANY, LLC — Notice of Amendment - **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:** Not available - **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. Official case documents: 520130004M_closure letter_08072013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130004M/520130004M_closure%20letter_08072013.pdf 520130004M_closure letter_08072013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130004M/520130004M_closure%20letter_08072013_text.pdf 520130004M_notice of amendment_04262013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130004M/520130004M_notice%20of%20amendment_04262013.pdf 520130004M_notice of amendment_04262013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130004M/520130004M_notice%20of%20amendment_04262013_text.pdf 520130004M_operator response_05222013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130004M/520130004M_operator%20response_05222013.pdf 520130004M_closure letter_08072013_text.pdf CERTIFIED MAIL - RETURN RECEIPT REQUESTED August 7, 2013 Mr. Kelly Lucas Executive Director Edison Mission Operations and Maintenance Sunrise Power Company, LLC P.O. Box 81617 Bakersfield, CA 93380 CPF 5-2013-0004M Closure Letter Dear Mr. Lucas: On February April 24, 2012, a representative from the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, inspected Edison Mission’s Operations and Maintenance procedures for their Public Awareness Program in Fellows, California. As a result of the inspection, Edison Mission was issued a Notice of Amendment on April 26, 2013, which proposed amendment of your procedures. Edison Mission submitted its amended Public Awareness Program procedures on May 22, 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-500 P. Nguyen (#138731) 520130004M_notice of amendment_04262013_text.pdf NOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED April 26, 2013 Mr. David King Plant Manager Edison Mission Operation and Maintenance Sunrise Power Company, LLC P.O. Box 5485 Bakersfield, CA 93388-5484 CPF 5-2013-0004M Dear Mr. King: On April 24, 2012, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Edison Mission’s Operations and Maintenance procedures for their Public Awareness Program in Fellows, California. On the basis of the inspection, PHMSA has identified the apparent inadequacies found within Edison Mission’s Operation and Maintenance procedures for Public Awareness, as described below: 1. § 192.616 Public awareness (c) The operator must follow the general program recommendations, including baseline and supplemental requirements of API RP 1162, unless the operator provides justification in its program or procedural manual as to why compliance with all or certain provisions of the recommended practice is not practical and not necessary for safety. Edison Mission Operation and Maintenance lacks procedures to track the number of entities reached within each audience identified in the Public Awareness Program as required by API RP 1162 Section 8.4.1. 2. § 192.616 Public awareness (c) The operator must follow the general program recommendations, including baseline and supplemental requirements of API RP 1162, unless the operator provides justification in its program or procedural manual as to why compliance with all or certain provisions of the recommended practice is not practical and not necessary for safety. Edison Mission did not specify the effectiveness evaluation frequency in their Public Awareness Program procedures. It was noted that Edison Mission conducted one review in September 2009. Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 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. 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 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within 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. 2 It is requested (not mandated) that Edison Mission Operation and Maintenance maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment 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 5-2013-0004M 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-500 P. Nguyen (#138731) 3 - **truncated:** false - **body characters:** 6631