{"operation":"document","citation":"CPF 520160009W","title":"HAWAII GAS — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-07-28","effective_on":null,"summary":"CLOSED warning letter citing 192.1011.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520160009w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520160009w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520160009w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520160009W","body":"Warning Letter involving HAWAII GAS. PHMSA's enforcement data identifies the cited regulation as 192.1011. The case was opened on 2016-07-28 and is reported as closed as of 2016-07-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520160009W_Operator Response to Notice_08262016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520160009W/520160009W_Operator%20Response%20to%20Notice_08262016.pdf\n\n520160009W_Warning Letter_07282016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520160009W/520160009W_Warning%20Letter_07282016.pdf\n\n520160009W_Warning Letter_07282016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520160009W/520160009W_Warning%20Letter_07282016_text.pdf\n\n520160009W_Warning Letter_07282016_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 28, 2016\nMs. Alicia Moy\nPresident & CEO\nHawaii Gas\n745 Fort Street Mall, Ste. 1800\nHonolulu, Hawaii 96813\nCPF 5-2016-0009W\nDear Ms. Moy:\nOn October 20-24 and October 27-30, 2014, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Hawaii\nGas’ procedures and records for its Distribution Integrity Management Program (DIMP) in Honolulu,\nHawaii.\nAs a result of the inspection, it appears that Hawaii Gas has committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation is as follows:\n1. § 192.1011 What records must an operator keep?\nAn operator must maintain records demonstrating compliance with the requirements of this\nsubpart for at least 10 years. The records must include copies of superseded integrity\nmanagement plans developed under this subpart.\nHawaii Gas did not maintain records demonstrating compliance with the requirements of Subpart\nP for at least 10 years. During the inspection, Hawaii Gas did not provide records or other\ndocumentation to the PHMSA inspector sufficient to demonstrate that it developed and monitored\nall the DIMP performance measures required by §192.1011(e). For example, the graphical trend\nplots provided by Hawaii Gas during the inspection did not cover all seven threat categories for\nmains, services, and total leaks system-wide. In addition, performance measure data was not\nupdated with 2013 calendar year leak history. Hawaii Gas also did not provide records or other\n\n\n\ndocumentation to the PHMSA inspector sufficient to demonstrate that it implemented its written\nDIMP Plan as required by §192.1005.\nHawaii Gas’ DIMP Plan Section 6.1 stated, “After the conclusion of each calendar year, the IMP\n[integrity management program] Engineer will collect the necessary data to evaluate the\nperformance of all system-wide and threat specific performance measures against performance\nmeasure goals. The results of this evaluation will be documented in a spreadsheet containing\nperformance measures listed in Figure 6.1.” However, Hawaii Gas did not provide records to\ndemonstrate that it properly completed these performance measure reviews, including the dates the\nreviews were completed, the determination if modifications were needed to program performance\nmeasures, and if any actions were taken as a result of these performance measure reviews.\nFurther, Hawaii Gas’ DIMP Plan Section 6.1 stated “During the first quarter of each year the IMP\nEngineer will review current performance measures to determine if they are providing objective\nevidence (e.g., performance trends) for evaluating the Oahu Program’s effectiveness and each\nDIMP element’s effectiveness.” Again, Hawaii Gas did not provide records sufficient to\ndemonstrate that it performed these performance measure reviews according to its written DIMP.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not exceed\n$100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a related series\nof violations. We have reviewed the circumstances and supporting documents involved in this case,\nand have decided not to conduct additional enforcement action or penalty assessment proceedings at\nthis time. We advise you to correct the item(s) identified in this letter. Failure to do so will result in\nHawaii Gas being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF\n5-2016-0009W and for each document you submit, please provide a copy in electronic format to PHP-\nWRADMIN@dot.gov whenever possible. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 C. Ishikawa, (#147744)","truncated":false,"body_characters":5508}