# SILICON VALLEY POWER — Warning Letter

- **operation:** document
- **citation:** CPF 520170009W
- **title:** SILICON VALLEY POWER — Warning Letter
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2017-07-28
- **effective on:** Not available
- **summary:** CLOSED warning letter citing 191.17(a).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-520170009w.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-520170009w.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-520170009w
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/520170009W
**body:**

Warning Letter involving SILICON VALLEY POWER. PHMSA's enforcement data identifies the cited regulation as 191.17(a). The case was opened on 2017-07-28 and is reported as closed as of 2017-07-28. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

520170009W_Warning Letter_07282017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520170009W/520170009W_Warning%20Letter_07282017.pdf

520170009W_Warning Letter_07282017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520170009W/520170009W_Warning%20Letter_07282017_text.pdf

520170009W_Warning Letter_07282017_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
July 28, 2017
Mr. Chet Manchester
Divisional Manager of Generation
Silicon Valley Power
850 Duane Avenue
Santa Clara, CA 95050
CPF 5-2017-0009W
Dear Mr. Manchester:
On April 24 through 27, 2017, representatives of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your
Donald Von Raesfeld Power Plant Pipeline System in Santa Clara, California.
As a result of the inspection, it is alleged that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items
inspected and the probable violation is:
1. §191.17 Transmission systems; gathering systems; liquefied natural gas facilities;
and underground natural gas storage facilities: Annual report.
(a) Transmission or Gathering. Each operator of a transmission or a gathering
pipeline system must submit an annual report for that system on DOT Form
PHMSA 7100.2.1. This report must be submitted each year, not later than March
15, for the preceding calendar year, except that for the 2010 reporting year the
report must be submitted by June 15, 2011.



Silicon Valley Power (SVP) failed to comply with §191.17(a) by not reporting the full extent
of their transmission system. In addition to their reported system, SVP has a 4-inch tap line
connected to the 12-inch pipeline at the fence line of the Donald Von Raesfeld power plant.
There is no method of isolation between the 4-inch and 12-inch lines, only a valve above
ground on the 4-inch line. This length of 4-inch line has not been incorporated into any prior
annual report.
As of April 27, 2017, under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a
civil penalty not to exceed $209,002 per violation per day the violation persists up to a
maximum of $2,090,022 for a related series of violations. We have reviewed the
circumstances and supporting documents involved in this case, and have decided not to
conduct additional enforcement action or penalty assessment proceedings at this time. We
advise you to correct the item(s) identified in this letter. Failure to do so will result in Silicon
Valley Power being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer
to CPF 5-2017-0009W. Be advised that all material you submit in response to this
enforcement action is subject to being made publicly available. If you believe that any
portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),
along with the complete original document you must provide a second copy of the document
with the portions you believe qualify for confidential treatment redacted and an explanation of
why you believe the redacted information qualifies for confidential treatment under 5 U.S.C.
552(b).
Sincerely,
Dustin Hubbard
Acting Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 C. Carroll /H. Nguyen (#155246)
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