{"operation":"document","citation":"CPF 520160008","title":"CITY OF SUSANVILLE — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-07-05","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.22(c), 192.611(d), 192.615(b)(3), 192.63, 192.805.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520160008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520160008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520160008","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520160008","body":"Notice of Probable Violation involving CITY OF SUSANVILLE. PHMSA's enforcement data identifies the cited regulations as 191.22(c),  192.611(d),  192.615(b)(3),  192.63,  192.805. The case was opened on 2016-07-05 and is reported as closed as of 2018-06-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520160008_Final Order_06152018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520160008/520160008_Final%20Order_06152018.pdf\n\n520160008_Final Order_06152018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520160008/520160008_Final%20Order_06152018_text.pdf\n\n520160008_NOPV PCO_07052016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520160008/520160008_NOPV%20PCO_07052016.pdf\n\n520160008_NOPV PCO_07052016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520160008/520160008_NOPV%20PCO_07052016_text.pdf\n\n520160008_Final Order_06152018_text.pdf\n\nJune 15, 2018\nMr. Dan Newton\nPublic Works Director\nCity of Susanville\n720 South Street\nSusanville, CA 96130\nRe: CPF No. 5-2016-0008\nDear Mr. Newton:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that the City of Susanville has completed the actions specified in the Notice\nto comply with the pipeline safety regulations. Therefore, this case is now closed. Service of the\nFinal Order by certified mail is effective upon the date of mailing, as provided under 49 C.F.R.\n§ 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Director, Western Region, Office of Pipeline Safety, PHMSA\nMr. Dale Moore, Gas Utilities Supervisor, City of Susanville\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 )\nCity of Susanville, California, ) CPF No. 5-2016-0008\na municipal corporation, )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom December 15 through 17, 2015, pursuant to 49 U.S.C. § 60117, representatives of the\nPipeline 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 City of\nSusanville’s (Susanville or Respondent) gas distribution system in Susanville, California.\nSusanville’s Gas Distribution System is 50 miles long with 2,932 services.1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated July 5, 2016, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included warnings pursuant to 49 C.F.R. § 190.205. In\naccordance with 49 C.F.R. § 190.207, the Notice proposed finding that Susanville had committed\ntwo violations of 49 C.F.R. Part 192 and proposed ordering Respondent to take certain measures\nto correct the alleged violations. The warning items required no further action, but warned the\noperator to correct the probable violations or face possible future enforcement action.\nAfter requesting and receiving an extension of time to respond, Susanville partially responded to\nthe Notice by letter dated April 11, 2017. After receiving a second extension of time to respond,\nSusanville replied to the Notice by letter dated October 16, 2017 (Response). The company did\nnot contest the allegations of violation but provided information concerning the corrective\nactions it had taken. Respondent did not request a hearing and therefore has waived its right to\none.\nFINDINGS OF VIOLATION\nIn its Response, Susanville did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\n1 Pipeline Safety Violation Report (Violation Report), (July 6, 2016), (on file with PHMSA), at 1.\n\n\n\nCPF No. 5-2016-0008\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.611(d), which states:\n§ 192.611 Change in class location: Confirmation or revision of\nmaximum allowable operating pressure.\n(a) . . .\n(d) Confirmation or revision of the maximum allowable operating\npressure that is required as a result of a study under § 192.609 must be\ncompleted within 24 months of the change in class location. Pressure\nreduction under paragraph (a)(1) or (2) of this section within the 24-month\nperiod does not preclude establishing a maximum allowable operating\npressure under paragraph (a)(3) of this section at a later date.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.611(d) by failing to confirm or\nrevise, within 24 months of the change in class locations, the maximum allowable operating\npressure (MAOP) required as a result of a study under § 192.609.\n2 Specifically, the Notice\nalleged that the Susanville Operations and Maintenance (O&M) Plan does not require\nconfirmation or revision of the MAOP that is required as a result of a study under § 192.609.\nThis confirmation or revision of the MAOP must be completed within 24 months of the change\nin class locations. Section B-14 of the Susanville O&M Plan does not state the MAOP will be\nconfirmed or revised within such time.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.611(d) by failing to confirm or\nrevise, within 24 months of the change in class locations, the MAOP required as a result of a\nstudy under § 192.609.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.805, which states:\n§ 192.805 Qualification program.\nEach operator shall have and follow a written qualification program. . . .\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.805 by failing to follow a written\nqualification program. Specifically, the Notice alleged that Susanville contracted with Sunrise\nEngineering (Sunrise) in 2001 to develop the City of Susanville Operator Qualification (OQ)\nprogram and to provide training. Subsequently, Susanville terminated the contract with Sunrise\nand began training staff in-house, using the O&M Plan procedures, supplemented with original\nequipment manufacturers’ recommended maintenance procedures and contractor personnel.\nWhen Susanville terminated the contract with Sunrise, Susanville lost access to all of the Sunrise\nOQ training and evaluation materials, OQ Covered Task List documentation and the reevaluation\ninternal information. Therefore, Susanville did not have and was not able to follow a written\nqualification program.\n2 Under 49 C.F.R. § 192.609, whenever a gas pipeline operator has reason to believe that an increase in population\ndensity in the vicinity of its pipeline indicates a possible change in class location, then the operator must conduct a\nstudy to determine whether the MAOP of the line needs to be revised.\n\n\n\nCPF No. 5-2016-0008\nPage 3\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.805 by failing to follow a\nwritten qualification program.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1 and 2 in the Notice for\nviolations of 49 C.F.R. §§ 192.611 and 192.805, respectively. Under 49 U.S.C. § 60118(a), each\nperson who engages in the transportation of gas or who owns or operates a pipeline facility is\nrequired to comply with the applicable safety standards established under chapter 601. The\nDirector indicated that Respondent has taken the following actions specified in the proposed\ncompliance order:\n1. With respect to the violation of § 192.611(d) (Item 1), Respondent has amended\nthe Susanville O&M Plan to include procedures that require confirmation or revision\nof the MAOP of its pipeline system within 24 months of the change in class location.\n2. With respect to the violation of § 192.805 (Item 2), Respondent has written and\nimplemented a new written qualification program.\nAccordingly, I find that compliance has been achieved with respect to these violations.\nTherefore, the compliance terms proposed in the Notice are not included in this Order.\nWARNING ITEMS\nWith respect to Items 3, 4, and 5, the Notice alleged probable violations of Parts 191 and 192 but\ndid not propose a civil penalty or compliance order for these items. Therefore, these are\nconsidered to be warning items. The warnings were for:\n49 C.F.R. § 192.63(a) (Item 3) ─ Respondent’s alleged failure to include in its\nO&M Plan procedures requiring that materials be marked in accordance with\n§ 192.63;\n49 C.F.R. § 192.615 (Item 4) ─ Respondent’s alleged failure to include in its\nO&M Plan procedures to review employee activities following an emergency, to\ndetermine whether the emergency procedures were effectively followed; and\n49 C.F.R. § 191.22(c) (Item 5) ─ Respondent’s alleged failure to include in its\nO&M Plan procedures to notify PHMSA of the events described in § 192.22(c).\nSusanville presented information in its Response showing that it had taken certain actions to\naddress the cited items. Pursuant to § 192.205, PHMSA does not adjudicate warning items to\n\n\n\nCPF No. 5-2016-0008\nPage 4\ndetermine if a violation occurred. If OPS finds a violation of any of these items in a subsequent\ninspection, Respondent may be subject to future enforcement action.\nThe terms and conditions of this Final Order are effective upon service, in accordance with\n49 C.F.R. § 190.5.\nJune 15, 2018\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":9832}