# MIDWAY SUNSET COGENERATION CO — Notice of Amendment - **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:** Not available - **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. Official case documents: 520171010M_Closure Letter_08032017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171010M/520171010M_Closure%20Letter_08032017.pdf 520171010M_Closure Letter_08032017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171010M/520171010M_Closure%20Letter_08032017_text.pdf 520171010M_Notice of Amendment_06222017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171010M/520171010M_Notice%20of%20Amendment_06222017.pdf 520171010M_Notice of Amendment_06222017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171010M/520171010M_Notice%20of%20Amendment_06222017_text.pdf 520171010M_Operator Response to Notice_07182017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520171010M/520171010M_Operator%20Response%20to%20Notice_07182017.pdf 520171010M_Notice of Amendment_06222017_text.pdf NOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED June 22, 2017 Mr. Dave Faiella Executive Director Midway Sunset Cogeneration Company 3466 W. Crocker Springs Road Fellows, CA 93224-0457 CPF 5-2017-1010M Dear Mr. Faiella: On February 6 through 8, 2017, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Midway Sunset Cogeneration Company’s (MSCC) gas transmission pipeline procedural manual for operations and maintenance in Fellows, California. On the basis of the inspection, PHMSA has identified the apparent inadequacies found within MSCC’s plans or procedures, as described below: 1. §192.605 Procedural manual for operations, maintenance, and emergencies. (b) Maintenance and normal operations. The manual required by paragraph (a) of this section must include procedures for the following, if applicable, to provide safety during maintenance and operations. (1) Operating, maintaining, and repairing the pipeline in accordance with each of the requirements of this subpart and subpart M of this part. MSCC’s operations and maintenance manual did not establish adequate written procedures to address prompt remedial action in correcting any valve found inoperable, unless it designates an alternative valve, in accordance with §192.745(b). MSCC failed to define the meaning of "immediately" or "in a prompt manner" the repair or replacement of emergency shutdown (ESD) valve or critical valve found to be inoperable, unless the operator uses an alternative valve. 2. §192.605 Procedural manual for operations, maintenance, and emergencies. (e) Surveillance, emergency response, and accident investigation. The procedures required by §§192.613(a), 192.615, and 192.617 must be included in the manual required by paragraph (a) of this section. MSCC did not establish adequate written procedures to train the appropriate operating personnel to assure that they are knowledgeable of emergency procedures and verify that the training is effective in accordance with §192.615(b)(2). MSCC lacked written procedures to undertake regular and periodic training and review of the emergency procedures with appropriate operating personnel. Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. 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). Following the receipt of this Notice, you have 30 days to submit written comments, revised procedures, or a request for a hearing under §190.211. If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within 60 days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. It is requested (not mandated) that Midway Sunset Cogeneration Company maintains documentation of the safety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total to Huy Nguyen, Acting Director, Western Region, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this matter, please refer to CPF 5-2017-1010M and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Huy Nguyen Director, Western Region Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings cc: PHP-60 Compliance Registry PHP-500 N. Cruz (#154969) 520171010M_Closure Letter_08032017_text.pdf CERTIFIED MAIL - RETURN RECEIPT REQUESTED August 3, 2017 Mr. Dave Faiella Executive Director Midway Sunset Cogeneration Company 3466 W. Crocker Springs Road Fellows, CA 93224 CPF 5-2017-1010M Closure Letter Dear Mr. Faiella: On February 6 to 8, 2017, a representative from the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site pipeline safety inspection of Midway Sunset Cogeneration Company’s (MSCC) procedures in Fellows, CA. As a result of the inspection, MSCC was issued a Notice of Amendment on June 22, 2017, which proposed amendment of your procedures. MSCC submitted its amended procedures on July 18, 2017. My staff reviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment have been corrected. This letter is to inform you no further action is necessary and this case is now closed. Thank you for your cooperation. Sincerely, Dustin Hubbard Acting Director, Western Region Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry PHP-500 N. Cruz (#154969) - **truncated:** false - **body characters:** 7167