{"operation":"document","citation":"CPF 520140006","title":"CPN PIPELINE COMPANY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-11-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.453.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520140006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520140006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520140006","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520140006","body":"Notice of Probable Violation involving CPN PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulation as 192.453. The case was opened on 2014-11-12 and is reported as closed as of 2015-11-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520140006_Final Order_11032015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520140006/520140006_Final%20Order_11032015.pdf\n\n520140006_Final Order_11032015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520140006/520140006_Final%20Order_11032015_text.pdf\n\n520140006_NOPV PCO_11122014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520140006/520140006_NOPV%20PCO_11122014.pdf\n\n520140006_NOPV PCO_11122014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520140006/520140006_NOPV%20PCO_11122014_text.pdf\n\n520140006_Operator Response to Notice_12092014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520140006/520140006_Operator%20Response%20to%20Notice_12092014.pdf\n\n520140006_Final Order_11032015_text.pdf\n\nNovember 3, 2015\nMr. Thad Hill\nPresident\nCalpine Corporation\n717 Texas Avenue\nSuite 1000\nHouston, TX 77002\nRe: CPF No. 5-2014-0006\nDear Mr. Hill:\nEnclosed please find the Final Order issued in the above-referenced case. It withdraws the\nallegation of violation and notes that CPN Pipeline Company has taken certain actions.\nTherefore, this case is now closed. Service of the Final Order by certified mail is deemed\neffective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Director, Western Region, OPS\nMr. Lyle Fedge, Director, Pipeline Operations, CPN Pipeline Company, 60 River Road,\nRio Vista, CA 94571\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nCPN Pipeline Company, ) CPF No. 5-2014-0006\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn May 5-9, June 9-12, and July 21-25 2014, pursuant to 49 U.S.C. § 60117, a representative of\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of CPN\nPipeline Company (CPN or Respondent) in Rio Vista, California. CPN Pipeline Company is a\nsubsidiary of Calpine Corporation. CPN Pipeline Company transports the natural gas that fuels\nCalpine power plants, including the Baytown, Freestone, Deer Park, Channel, Pasadena and\nMagic Valley Energy Centers.1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated November 12, 2014, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that CPN Pipeline Company had violated 49 C.F.R. § 192.453 and proposed ordering\nRespondent to take certain measures to correct the alleged violation.\nCPN responded to the Notice by letter dated December 9, 2014 (Response). The company\ncontested the allegation of violation but also provided information concerning certain actions it\nhad taken and submitted copies of its revised procedures. Respondent did not request a hearing\nand therefore has waived its right to one.\nFINDING OF VIOLATION\nThe Notice alleged that Respondent violated 49 C.F.R. Part 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.453, which states:\n§ 192.453 General.\n1 http://sitemanager.pdigm.com/user/file/Texas/CPN_Pipeline_Company.pdf (last accessed June 30, 2015).\n\n\n\nCPF No. 5-2014-0006\nPage 2\nThe corrosion control procedures required by § 192.605(b)(2),\nincluding those for the design, installation, operation, and maintenance of\ncathodic protection systems, must be carried out by, or under the direction\nof, a person qualified in pipeline corrosion control methods.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.453 by failing to carry out the\ncorrosion control procedures by, or under the direction of, a person qualified in corrosion control\nmethods required by § 192.605(b)(2), including those for the design, installation, operation, and\nmaintenance of cathodic protection systems. Specifically, the Notice alleged that CPN failed to\ndocument the person qualified in pipeline corrosion control methods on its corrosion control\nrecords when specific covered tasks were performed. When reviewing several annual cathodic\nprotection (CP) survey reports and periodic rectifier reading records, the OPS inspector found\nthat the name of a qualified individual was missing.\nIn its Response, CPN disputed the allegation that it violated § 192.453 and attached an affidavit\nby their corrosion control specialist stating that he, a qualified corrosion specialist, performed the\ncorrosion control activities referenced in the Notice. The Respondent stated that, as a small\noperator, a single employee, with limited assistance from an outside contractor, performed all\nrequired inspections on its Sacramento Valley pipeline system.\nWhile each cathodic protection survey and rectifier reading should clearly indicate the name of\nthe qualified individual who performed the task, I find Respondent’s explanation that a single\nqualified individual carried out or supervised the corrosion control procedures persuasive. The\nregulation in question requires that the procedures be carried out, or performed under the\ndirection, of a qualified person. The Respondent has provided the name and qualifications of the\nindividual that performed these tasks, along with his affidavit that the required procedures were\nfollowed for the records referenced in the Notice. The Respondent’s production of this evidence\nhas shifted the burden of proof to the Western Region to demonstrate that a violation has\noccurred. The Region produced no rebuttal evidence.\nRespondent did not contest this allegation of violation. Accordingly, after considering all of the\nevidence, I find that Respondent complied with 49 C.F.R. § 192.453 by using a person qualified\nin pipeline corrosion control to carry out its procedures. Based upon the foregoing, I hereby\norder that Item 1 be withdrawn.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of 49\nC.F.R. § 192.453. Under 49 U.S.C. § 60118(a), each person who engages in the transportation\nof gas or who owns or operates a pipeline facility is required to comply with the applicable\nsafety standards established under chapter 601. The Director indicates that Respondent has taken\nthe following actions specified in the proposed compliance order:\n1. With respect to the violation of § 192.453 (Item 1), Respondent has provided\n\n\n\nCPF No. 5-2014-0006\nPage 3\ndocumentation of the qualified individual who performed the task on each cathodic\nprotection survey and rectifier reading record.\nGiven that the Notice has been withdrawn, there is no basis for a Compliance Order.\nNevertheless, this Order acknowledges that the Respondent has taken the aforementioned\nactions.\nUnder 49 C.F.R. § 190.243, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC\n20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA\nwill accept petitions received no later than 20 days after receipt of service of this Final Order by\nthe Respondent, provided they contain a brief statement of the issue(s) and meet all other\nrequirements of 49 C.F.R. § 190.243. Unless the Associate Administrator, upon request, grants a\nstay, the terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8223}