{"operation":"document","citation":"CPF 520153001M","title":"FAIRBANKS NATURAL GAS — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-12-23","effective_on":null,"summary":"CLOSED notice of amendment citing 191.3(1)(iii), 193.2605(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520153001m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520153001m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520153001m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520153001M","body":"Notice of Amendment involving FAIRBANKS NATURAL GAS. PHMSA's enforcement data identifies the cited regulations as 191.3(1)(iii),  193.2605(c). The case was opened on 2015-12-23 and is reported as closed as of 2016-02-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520153001M_Closure Letter_02102016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520153001M/520153001M_Closure%20Letter_02102016.pdf\n\n520153001M_Closure Letter_02102016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520153001M/520153001M_Closure%20Letter_02102016_text.pdf\n\n520153001M_Notice of Amendment_12232015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520153001M/520153001M_Notice%20of%20Amendment_12232015.pdf\n\n520153001M_Notice of Amendment_12232015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520153001M/520153001M_Notice%20of%20Amendment_12232015_text.pdf\n\n520153001M_Operator Response to Notice_01252016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520153001M/520153001M_Operator%20Response%20to%20Notice_01252016.pdf\n\n520153001M_Closure Letter_02102016_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 10, 2016\nMr. Dan Britton\nPresident and CEO\nFairbanks Natural Gas\n3408 International Way\nFairbanks, Alaska 99701\nCPF 5-2015-3001M\nDear Mr. Britton:\nBetween June 8, 2015 and September 11, 2015, a representative from the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United\nStates Code, conducted an on-site pipeline safety inspection of Fairbanks Natural Gas\nprocedures in Fairbanks, Alaska. As a result of the inspection, Fairbanks Natural Gas was\nissued a Notice of Amendment on December 23, 2015, which proposed amendment of your\nprocedures.\nFairbanks Natural Gas submitted its amended procedures by letter dated January 25, 2016.\nPHMSA staff reviewed the amended procedures, and it appears that the inadequacies outlined\nin this Notice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed.\nSincerely,\nFor Chris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Hassell (#151249)\n\n520153001M_Notice of Amendment_12232015_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 23, 2015\nMr. Dan Britton\nPresident and CEO\nFairbanks Natural Gas\n3408 International Way\nFairbanks, Alaska 99701\nCPF 5-2015-3001M\nDear Mr. Britton:\nBetween June 8, 2015 and September 11, 2015, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code, inspected Fairbanks Natural Gas procedures for Operations and Maintenance\n(O&M), Reporting, and Security in Fairbanks, Alaska.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nFairbanks Natural Gas’s plans or procedures, as described below:\n1. §191.3 Definitions.\nIncident means any of the following events: (1) An event that involves a release of\ngas from a pipeline, or of liquefied natural gas, liquefied petroleum gas,\nrefrigerant gas, or gas from an LNG facility, and that results in one or more of\nthe following consequences: (iii) Unintentional estimated gas loss of three million\ncubic feet or more.\nFairbanks Natural Gas (FNG) did not establish adequate written procedures for defining an\n“incident” as required by §191.3. At the time of the inspection, FNG’s procedure for defining\nan “incident” did not include the requirement for reporting the gas loss of 3 million cubic feet\nor more as an incident. Meanwhile, §193.2011 requires an Operator to report an incident in\n\n\n\naccordance with the requirements of Part 191. FNG’s procedure was inadequate because its\nReporting criteria for an “incident” did not clearly describe unintentional estimated gas loss of\nthree million feet or more as required by §191.3(1)(iii).\n2. §193.2605 Maintenance procedures.\n(c) Each operator shall include in the manual required by paragraph (b) of this\nsection instructions enabling personnel who perform operation and maintenance\nactivities to recognize conditions that potentially may be safety-related conditions\nthat are subject to the reporting requirements of § 191.23 of this subchapter.\nFNG did not establish adequate written procedures for recognizing the safety-related\nconditions as required by §193.2605(c). At the time of the inspection, FNG’s procedures were\ninadequate because FNG did not have instructions on how to recognize the safety-related\nconditions that are subject to the reporting requirements of §191.23.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part 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\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must 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). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this 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\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 30 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that Fairbanks Natural Gas maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Chris Hoidal, Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\n\n\n\nconcerning this matter, please refer to CPF 5-2015-3001M and, for each document you\nsubmit, please provide a copy in electronic format to PHP-WRADMIN@dot.gov whenever\npossible.\nSincerely,\nFor Chris 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 D. Hassell (#151249)","truncated":false,"body_characters":7165}