CPF 520130005W
CPF 520130005W
party submissionOfficial PDF520130005W_Operator Response_05222013.pdf#
520130005W_warning letter_04262013_text.pdf, page 1Official PDFWARNING LETTER 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 5-2013-0005W 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 your Public Awareness Program in Fellows, California. As a result of the inspection, it appears that you have committed a probable violation of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and the probable violation is: 1. § 192.616 Public awareness (d) The operator's program must specifically include provisions to educate the public, appropriate government organizations, and persons engaged in excavation related activities on:#
520130005W_warning letter_04262013_text.pdf, page 2(1) Use of a one-call notification system prior to excavation and other damage prevention activities; (2) Possible hazards associated with unintended releases from a gas pipeline facility; (3) Physical indications that such a release may have occurred; (4) Steps that should be taken for public safety in the event of a gas pipeline release; and (5) Procedures for reporting such an event. (d) The operator’s program must specifically include provisions to educate the public, appropriate government organizations, and persons engaged in excavation relate activities on; Edison Mission Operation and Maintenance did not identify any possible excavators in its Public Awareness program as required by API RP 1162 Sections 2 and 3. Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000 for each violation for each day the violation persists up to a maximum of $1,000,000 for any related series of violations. We have reviewed the circumstances and supporting documents involved in this case, and have decided not to conduct additional enforcement action or penalty assessment proceedings at this time. We advise you to correct the item identified in this letter. Failure to do so will result in Edison Mission Operation and Maintenance being subject to additional enforcement action. No reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 5-2013-0005W. 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). Sincerely, Chris Hoidal Director, Western Region Pipeline and Hazardous Materials Safety Administration Cc: PHP-60 Compliance Registry PHP-500 P. Nguyen (#138731) 2#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.