{"operation":"document","citation":"CPF 520170012M","title":"ISLAND ENERGY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-08-18","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(2), 192.613(a), 192.615, 192.616(b), 192.616(c), 192.616(d), 192.616(e).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520170012m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520170012m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520170012m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520170012M","body":"Notice of Amendment involving ISLAND ENERGY. PHMSA's enforcement data identifies the cited regulations as 192.605(b)(2),  192.613(a),  192.615,  192.616(b),  192.616(c),  192.616(d),  192.616(e). The case was opened on 2017-08-18 and is reported as closed as of 2018-01-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520170012M_Closure Letter_01082018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520170012M/520170012M_Closure%20Letter_01082018.pdf\n\n520170012M_Closure Letter_01082018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520170012M/520170012M_Closure%20Letter_01082018_text.pdf\n\n520170012M_Notice of Amendment_08182017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520170012M/520170012M_Notice%20of%20Amendment_08182017.pdf\n\n520170012M_Notice of Amendment_08182017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520170012M/520170012M_Notice%20of%20Amendment_08182017_text.pdf\n\n520170012M_Operator Response to Notice_09082017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520170012M/520170012M_Operator%20Response%20to%20Notice_09082017.pdf\n\n520170012M_Notice of Amendment_08182017_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 18, 2017\nMr. Peter Guadagni\nGeneral Manager\nIsland Energy\n440 Walnut Ave\nVallejo, CA 94592\nCPF 5-2017-0012M\nDear Mr. Guadagni:\nOn January 24 through 27, 2017, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected the Island\nEnergy procedures for gas distribution system in Vallejo, California.\nOn the basis of the inspection, PHMSA has identified several apparent inadequacies found within\nthe Island Energy plans or procedures, as described below:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide safety\nduring maintenance and operations.\n(2) Controlling corrosion in accordance with the operations and maintenance\nrequirements of Subpart I of this part.\nThe Island Energy Operations and Maintenance manual does not contain a process for inspection\nand documentation of Atmospheric Corrosion for the causeway pipe hangers or pipe under the\ncauseway at the waterline and splash zone.\n1\n\n\n\n2. §192.613 Continuing Surveillance.\n(a) Each operator shall have a procedure for continuing surveillance of its facilities\nto determine and take appropriate action concerning changes in class location,\nfailures, leakage history, corrosion, substantial changes in cathodic protection\nrequirements, and other unusual operating and maintenance conditions.\nIsland Energy does not have procedures for continuing surveillance of the main installed on the\nMare Island Causeway or under the Napa River ship channel.\n3. §192.615 Emergency plans.\n(a) Each operator shall establish written procedures to minimize the hazard\nresulting from a gas pipeline emergency. At a minimum, the procedures must\nprovide for the following:\n(1) Receiving, identifying, and classifying notices of events which require\nimmediate response by the operator.\n(2) Establishing and maintaining adequate means of communication with\nappropriate fire, police, and other public officials.\n(3) Prompt and effective response to a notice of each type of emergency,\nincluding the following:\n(i) Gas detected inside or near a building.\n(ii) Fire located near or directly involving a pipeline facility.\n(iii) Explosion occurring near or directly involving a pipeline facility.\n(iv) Natural disaster.\n(4) The availability of personnel, equipment, tools, and materials, as needed at\nthe scene of an emergency.\n(5) Actions directed toward protecting people first and then property.\n(6) Emergency shutdown and pressure reduction in any section of the operator's\npipeline system necessary to minimize hazards to life or property.\n(7) Making safe any actual or potential hazard to life or property.\n(8) Notifying appropriate fire, police, and other public officials of gas pipeline\nemergencies and coordinating with them both planned responses and actual\nresponses during an emergency.\n(9) Safely restoring any service outage.\n(10) Beginning action under §192.617, if applicable, as soon after the end of the\nemergency as possible.\n(11) Actions required to be taken by a controller during an emergency in\naccordance with § 192.631.\n(b) Each operator shall:\n(1) Furnish its supervisors who are responsible for emergency action a copy of\nthat portion of the latest edition of the emergency procedures established under\nparagraph (a) of this section as necessary for compliance with those procedures.\n(2) Train the appropriate operating personnel to assure that they are\nknowledgeable of the emergency procedures and verify that the training is\neffective.\n(3) Review employee activities to determine whether the procedures were\neffectively followed in each emergency.\n(c) Each operator shall establish and maintain liaison with appropriate fire,\npolice, and other public officials to:\n(1) Learn the responsibility and resources of each government organization that\n2\n\n\n\nmay respond to a gas pipeline emergency;\n(2) Acquaint the officials with the operator's ability in responding to a gas\npipeline emergency;\n(3) Identify the types of gas pipeline emergencies of which the operator notifies\nthe officials; and,\n(4) Plan how the operator and officials can engage in mutual assistance to\nminimize hazards to life or property.\nThe Island Energy Emergency Plan does not address or contain procedures for addressing\nemergencies arising from a leak or failure on the main installed on the Mare Island Causeway or\nunder the Napa River ship channel. The Island Energy Emergency Plan fails to identify the U.S.\nCoast Guard, U.S. Army Corp of Engineers or any other local, state or federal agencies\nresponsible for river traffic transiting the Napa River under the Mare Island Causeway.\n4. §192.616 Public Awareness\n(b) The operator's program must follow the general program recommendations\nof API RP 1162 and assess the unique attributes and characteristics of the\noperator's pipeline and facilities.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why compliance\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\n(d) The operator's program must specifically include provisions to educate the\npublic, appropriate government organizations, and persons engaged in\nexcavation related activities on:\n(1) Use of a one-call notification system prior to excavation and other damage\nprevention activities;\n(2) Possible hazards associated with unintended releases from a gas pipeline facility;\n(3) Physical indications that such a release may have occurred;\n(4) Steps that should be taken for public safety in the event of a gas pipeline\nrelease; and\n(5) Procedures for reporting such an event.\n(e) The program must include activities to advise affected municipalities, school\ndistricts, businesses, and residents of pipeline facility locations.\nThe Island Energy Public Awareness program fails to identify several important stakeholders.\nSpecifically, dredging and shipping companies active on the Napa River; the U.S. Coast Guard,\nU.S. Army Corp of Engineers or any other local, state or federal agencies responsible for safety\non the Napa River. Further, it is unclear if residents, businesses, property owners and public\nofficials on the Vallejo side of the Napa River are identified as stakeholders.\n3\n\n\n\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n60 days of receipt of this Notice. This period may be extended by written request for good cause.\nOnce the inadequacies identified herein have been addressed in your amended procedures, this\nenforcement action will be closed.\nIt is requested (not mandated) that Island Energy maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Kim West, Acting Director, Western Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 5-2017-0012M and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nKim West\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#148456)\n4\n\n520170012M_Closure Letter_01082018_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 8, 2018\nMr. Peter Guadagni\nGeneral Manager\nIsland Energy\n440 Walnut Ave\nVallejo, CA 94592\nCPF 5-2017-0012M\nClosure Letter\nDear Mr. Guadagni:\nOn January 24 through 27, 2017, a representative from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of the Island Energy procedures for gas\ndistribution system in Vallejo, California. As a result of the inspection, Island Energy was\nissued a Notice of Amendment on August 18, 2017, which proposed amendment of your\nprocedures.\nIsland Energy submitted its amended procedures on September 8, 2017. My staff reviewed\nthe amended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nKim West\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy","truncated":false,"body_characters":11545}