{"operation":"document","citation":"CPF 520150018W","title":"NORTH SLOPE BOROUGH ENERGY MANAGEMENT — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-12-23","effective_on":null,"summary":"CLOSED warning letter citing 192.283(a)(1)(i), 192.467(a), 192.603(b), 192.616(c), 192.625(e), 192.625(f), 192.707(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520150018w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520150018w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520150018w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520150018W","body":"Warning Letter involving NORTH SLOPE BOROUGH ENERGY MANAGEMENT. PHMSA's enforcement data identifies the cited regulations as 192.283(a)(1)(i),  192.467(a),  192.603(b),  192.616(c),  192.625(e),  192.625(f),  192.707(c). The case was opened on 2015-12-23 and is reported as closed as of 2015-12-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520150018W_Warning Letter_12232015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520150018W/520150018W_Warning%20Letter_12232015.pdf\n\n520150018W_Warning Letter_12232015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520150018W/520150018W_Warning%20Letter_12232015_text.pdf\n\n520150018W_Warning Letter_12232015_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 23, 2015\nThe Honorable Charlotte E. Brower\nMayor of North Slope Borough\nNorth Slope Borough Energy Management\nNuiqsut Utilities Cooperative\nP.O. Box 69\nBarrow, Alaska 99723\nCPF 5-2015-0018W\nDear Mayor Brower:\nBetween August 26, 2015 and September 17, 2015, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code, inspected the Nuiqsut Utilities Cooperative Natural Gas Distribution System in\nNuiqsut, Alaska.\nAs a result of the inspection, it appears that the North Slope Borough Energy Management\nhas committed probable violations of the Pipeline Safety Regulations, Title 49 Code of\nFederal Regulations. The items inspected and the probable violations are:\n1. §192.283 Plastic pipe: Qualifying joining procedures.\n(a) Heat fusion, solvent cement, and adhesive joints. Before any written\nprocedure established under § 192.273(b) is used for making plastic pipe joints\nby a heat fusion, solvent cement, or adhesive method, the procedure must be\nqualified by subjecting specimen joints made according to the procedure to the\nfollowing tests:\n(1) The burst test requirements of—\n\n\n\n(i) In the case of thermoplastic pipe, paragraph 6.6 (Sustained Pressure Test) or\nparagraph 6.7 (Minimum Hydrostatic Burst Test) of ASTM D2513-99 for plastic\nmaterials other than polyethylene or ASTM D2513-09a (incorporated by\nreference, see §192.7) for polyethylene plastic materials.\nNorth Slope Borough Energy Management (NSBEM) failed to comply with §192.283(a)(1)(i)\nfor qualifying joining procedures. At the time of the inspection, NSBEM had not qualified its\nplastic pipe joining procedures. In addition, NSBEM did not have any record of a Sustained\nPressure Test or Minimum Hydrostatic Burst Test or Sustained Static Pressure Test to qualify\nplastic pipe joining procedures.\n2. §192.467 External corrosion control: Electrical isolation.\n(a) Each buried or submerged pipeline must be electrically isolated from other\nunderground metallic structures, unless the pipeline and the other structures are\nelectrically interconnected and cathodically protected as a single unit.\nNSBEM failed to monitor the electrical isolation as required by §192.467(a). At the time of\nthe inspection, it was noted that the union had not been replaced with a dielectric union. In\naddition, the records of the Taku Cathodic Protection Survey in June 2012 found no electrical\nisolation at building 401, the police station.\n3. §192.603 General provisions.\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under §192.605.\nNSBEM could not provide documentation that the procedures established under §192.605\nrequired by §192.603(b) were reviewed in accordance with §192.605(b)(8). At the time of the\ninspection, NSBEM had not periodically reviewed and did not have records showing work\ndone by its personnel to determine the effectiveness of the procedures used in normal\noperation and maintenance. Furthermore, NSBEM has not taken corrective action where\ndeficiencies were found.\n4. §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 practicable and\nnot necessary for safety.\nNSBEM failed to follow the general program recommendations as required by §192.616(c).\nAt the time of the inspection, it was noted that the Public Awareness program did not include\n2\n\n\n\nother languages commonly understood by a significant number and concentration of the non-\nEnglish speaking population in the operator’s area as required by §192.616(g), i.e. the Inupiat\nlanguage is commonly understood in the Nuiqsut Village. Meanwhile, the Public Awareness\nmessage that was available was printed in English only.\n5. §192.625 Odorization of gas.\n(e) Equipment for odorization must introduce the odorant without wide\nvariations in the level of odorant.\nNSBEM failed to ensure the equipment for odorization must introduce the odorant without\nwide variations as required by §192.625(e). At the time of the inspection, NSBEM discovered\nthe cracked or disconnected siphon tubes were stopping the odorant from being supplied to\nthe YZ odorant injector pump. In addition, the records show no detectable odor in the natural\ngas between November 2012 and March 2013 for the monthly sniff tests.\n6. §192.625 Odorization of gas.\n(f) To assure the proper concentration of odorant in accordance with this section,\neach operator must conduct periodic sampling of combustible gases using an\ninstrument capable of determining the percentage of gas in air at which the odor\nbecomes readily detectable.\nNSBEM failed to assure the proper concentration of odorant as required by §192.625(f).\nNSBEM was unable to assure the proper concentration of odorant in its natural gas during\nsampling. In addition, the records for the sniff test did not record the percent of gas in air\nwhen the odorant could be detected.\n7. §192.707 Line markers for mains and transmission lines.\n(c) Pipelines aboveground. Line markers must be placed and maintained along\neach section of a main and transmission line that is located aboveground in an\narea accessible to the public.\nNSBEM failed to maintain adequate line markers as required by §192.707(c). At the time of\nthe inspection, NSBEM did not have line markers above ground accessible to the public. No\nline markers were placed alone and above ground pipeline in an area accessible to the public.\nIn addition, the above ground valve station number 7 was unmarked.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\n3\n\n\n\nexceed $1,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct\nthe items identified in this letter. Failure to do so will result in North Slope Borough Energy\nManagement being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2015-0018W and for each document you submit, please provide a copy in\nelectronic format to PHP-WRADMIN@dot.gov whenever possible. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. 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\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nFor Chris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Hassell (#150748)\n4","truncated":false,"body_characters":8253}