{"operation":"document","citation":"CPF 520171010M","title":"MIDWAY SUNSET COGENERATION CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-06-22","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(1), 192.605(e).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520171010m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520171010m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520171010m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520171010M","body":"Notice of Amendment involving MIDWAY SUNSET COGENERATION CO. PHMSA's enforcement data identifies the cited regulations as 192.605(b)(1),  192.605(e). The case was opened on 2017-06-22 and is reported as closed as of 2017-08-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520171010M_Closure Letter_08032017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171010M/520171010M_Closure%20Letter_08032017.pdf\n\n520171010M_Closure Letter_08032017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171010M/520171010M_Closure%20Letter_08032017_text.pdf\n\n520171010M_Notice of Amendment_06222017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171010M/520171010M_Notice%20of%20Amendment_06222017.pdf\n\n520171010M_Notice of Amendment_06222017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171010M/520171010M_Notice%20of%20Amendment_06222017_text.pdf\n\n520171010M_Operator Response to Notice_07182017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171010M/520171010M_Operator%20Response%20to%20Notice_07182017.pdf\n\n520171010M_Notice of Amendment_06222017_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 22, 2017\nMr. Dave Faiella\nExecutive Director\nMidway Sunset Cogeneration Company\n3466 W. Crocker Springs Road\nFellows, CA 93224-0457\nCPF 5-2017-1010M\nDear Mr. Faiella:\nOn February 6 through 8, 2017, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected Midway Sunset Cogeneration Company’s (MSCC) gas transmission pipeline\nprocedural manual for operations and maintenance in Fellows, California.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nMSCC’s 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\nsafety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of\nthe requirements of this subpart and subpart M of this part.\nMSCC’s operations and maintenance manual did not establish adequate written procedures to\naddress prompt remedial action in correcting any valve found inoperable, unless it designates\nan alternative valve, in accordance with §192.745(b). MSCC failed to define the meaning of\n\"immediately\" or \"in a prompt manner\" the repair or replacement of emergency shutdown\n\n\n\n(ESD) valve or critical valve found to be inoperable, unless the operator uses an alternative\nvalve.\n2. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(e) Surveillance, emergency response, and accident investigation. The procedures\nrequired by §§192.613(a), 192.615, and 192.617 must be included in the manual\nrequired by paragraph (a) of this section.\nMSCC did not establish adequate written procedures to train the appropriate operating\npersonnel to assure that they are knowledgeable of emergency procedures and verify that the\ntraining is effective in accordance with §192.615(b)(2). MSCC lacked written procedures to\nundertake regular and periodic training and review of the emergency procedures with\nappropriate operating personnel.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment 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\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in\nthis Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as\nalleged in this Notice without further notice to you and to issue an Order Directing\nAmendment. If your plans or procedures are found inadequate as alleged in this Notice, you\nmay be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. §\n190.206). If you are not contesting this Notice, we propose that you submit your amended\nprocedures to my office within 60 days of receipt of this Notice. This period may be extended\nby written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\n\n\n\nIt is requested (not mandated) that Midway Sunset Cogeneration Company maintains\ndocumentation of the safety improvement costs associated with fulfilling this Notice of\nAmendment (preparation/revision of plans, procedures) and submit the total to Huy Nguyen,\nActing Director, Western Region, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to CPF 5-2017-1010M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nHuy Nguyen\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 N. Cruz (#154969)\n\n520171010M_Closure Letter_08032017_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 3, 2017\nMr. Dave Faiella\nExecutive Director\nMidway Sunset Cogeneration Company\n3466 W. Crocker Springs Road\nFellows, CA 93224\nCPF 5-2017-1010M\nClosure Letter\nDear Mr. Faiella:\nOn February 6 to 8, 2017, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an\non-site pipeline safety inspection of Midway Sunset Cogeneration Company’s (MSCC)\nprocedures in Fellows, CA. As a result of the inspection, MSCC was issued a Notice of\nAmendment on June 22, 2017, which proposed amendment of your procedures.\nMSCC submitted its amended procedures on July 18, 2017. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have\nbeen corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nDustin Hubbard\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 N. Cruz (#154969)","truncated":false,"body_characters":7167}