{"operation":"document","citation":"CPF 520163005","title":"FAIRBANKS NATURAL GAS — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-09-16","effective_on":null,"summary":"CLOSED notice of probable violation citing 193.2607(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520163005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520163005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520163005","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520163005","body":"Notice of Probable Violation involving FAIRBANKS NATURAL GAS. PHMSA's enforcement data identifies the cited regulation as 193.2607(b). The case was opened on 2016-09-16 and is reported as closed as of 2020-12-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520163005_Closure Letter_12032020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520163005/520163005_Closure%20Letter_12032020.pdf\n\n520163005_Closure Letter_12032020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520163005/520163005_Closure%20Letter_12032020_text.pdf\n\n520163005_Final Order_01142020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520163005/520163005_Final%20Order_01142020.pdf\n\n520163005_Final Order_01142020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520163005/520163005_Final%20Order_01142020_text.pdf\n\n520163005_NOPV PCO_09162016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520163005/520163005_NOPV%20PCO_09162016.pdf\n\n520163005_NOPV PCO_09162016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520163005/520163005_NOPV%20PCO_09162016_text.pdf\n\n520163005_Operator Response to Notice_10142016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520163005/520163005_Operator%20Response%20to%20Notice_10142016.pdf\n\n520163005_Final Order_01142020_text.pdf\n\nJanuary 14, 2020\nMr. Daniel W. Britton\nPresident and Chief Executive Officer\nFairbanks Natural Gas, LLC\n3408 International Way\nFairbanks, Alaska 99701\nRe: CPF No. 5-2016-3005\nDear Mr. Britton:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken to comply with the pipeline safety\nregulations. When the terms of the compliance order are completed, as determined by the\nDirector, Western Region, this enforcement action will be closed. Service of the Final Order by\ncertified mail is effective upon the date of mailing as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAdministrator\nfor Pipeline Safety\nEnclosure (Final Order and NOPV)\ncc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nMr. Chris Gillespie, Operations Engineer, Fairbanks Natural Gas, LLC\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 )\nFairbanks Natural Gas, LLC, ) CPF No. 5-2016-3005\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn September 16, 2016, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office\nof Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed Compliance Order\n(Notice) to Fairbanks Natural Gas, LLC (Respondent). The Notice proposed finding that\nRespondent had violated the pipeline safety regulations in 49 C.F.R. Part 193 and proposed\ncertain measures to correct the alleged violation. Respondent did not contest the allegation of\nviolation or corrective measures.\nBased upon a review of all the evidence, pursuant to § 190.213, I find Respondent violated the\npipeline safety regulation listed below, as more fully described in the Notice, which is\nincorporated by reference:\n49 C.F.R. § 193.2607(b) (Item 1) – Respondent failed to keep its LNG plant\ngrounds free from rubbish, debris and other material which present a fire hazard.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of 49\nC.F.R. § 193.2607(b). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.\n§ 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to\nensure compliance with the pipeline safety regulations applicable to its operations:1\nCOMPLIANCE ORDER\n1 Note: On August 14, 2019, pursuant to 49 C.F.R. § 190.9, FNG filed a Petition for finding or approval (Petition)\nrequesting permission to deviate from the requirements of § 193.2173. The approval of the Petition may supersede\nthe requirements of this Order.\n\n\n\nCPF No. 5-2016-3005\nPage 2\n1. With respect to the violation of § 193.2607(b) (Item 1), Respondent must develop\nand implement a means to keep all LNG vaults and impoundments free of water,\nsnow, and ice. FNG must document all details of any facility changes made because\nof this Order. FNG must revise its operations and maintenance procedures to record\nand document ice, snow, and water removal maintenance activities.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nIt is requested (not mandated) that Respondent maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the total to the\nDirector. It is requested that these costs be reported in two categories: (1) total cost associated\nwith preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated\nwith replacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this\nFinal Order by Respondent. Any petition submitted must contain a statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The terms of the order, including corrective\naction, remain in effect unless the Associate Administrator, upon request, grants a stay.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nJanuary 14, 2020\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n520163005_Closure Letter_12032020_text.pdf\n\nVIA E-MAIL TO MR. DANIEL W. BRITTON\nDecember 3, 2020\nMr. Daniel W. Britton\nPresident and Chief Executive Officer\nFairbanks Natural Gas, LLC\n3408 International Way\nFairbanks, Alaska 99701\nCPF 5-2016-3005\nClosure Letter\nDear Mr. Britton:\nOn January 14, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Fairbanks Natural Gas, LLC a Final Order in the above-referenced case. This Order\nrequired you to amend your procedures and take corrective actions on your facilities. Based on\nour review of the documentation provided, the terms of this Order have been met.\nAccordingly, this case is now closed and no further action is required. Thank you for your\ncooperation in this matter.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Owens","truncated":false,"body_characters":7718}