{"operation":"document","citation":"CPF 520180006M","title":"CITY OF VERNON — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-08-02","effective_on":null,"summary":"CLOSED notice of amendment citing 192.303, 192.605(b)(1), 192.605(d), 192.605(e).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520180006m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520180006m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520180006m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520180006M","body":"Notice of Amendment involving CITY OF VERNON. PHMSA's enforcement data identifies the cited regulations as 192.303,  192.605(b)(1),  192.605(d),  192.605(e). The case was opened on 2018-08-02 and is reported as closed as of 2019-11-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520180006M_Closure Letter_11152019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180006M/520180006M_Closure%20Letter_11152019.pdf\n\n520180006M_Closure Letter_11152019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180006M/520180006M_Closure%20Letter_11152019_text.pdf\n\n520180006M_Notice of Amendment_08022018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180006M/520180006M_Notice%20of%20Amendment_08022018.pdf\n\n520180006M_Notice of Amendment_08022018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180006M/520180006M_Notice%20of%20Amendment_08022018_text.pdf\n\n520180006M_Operator Response to Notice_08282018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180006M/520180006M_Operator%20Response%20to%20Notice_08282018.pdf\n\n520180006M_Closure Letter_11152019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 15, 2019\nMr. Abraham Alemu\nInterim General Manager\nCity of Vernon Public Utilities\n4305 S. Santa Fe Avenue\nVernon, CA 90058\nCPF 5-2018-0006M\nClosure Letter\nDear Mr. Alemu:\nOn April 24-27, 2017 and May 22-26, 2017, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of the City of Vernon public utilities\n(Vernon) gas transmission and gas distribution procedures in Vernon, California. As a result of the\ninspection, Vernon was issued a Notice of Amendment on August 2, 2018, which proposed\namendment of your procedures.\nVernon amended its procedures. My staff reviewed the amended procedures during a follow-up\ninspection October 15-16, 2019, 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 you for\nyour cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#156372)\nDennis Lee, CPUC\n\n520180006M_Notice of Amendment_08022018_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 2, 2018\nMs. Kelly Nguyen\nDirector of Gas & Electric\nCity of Vernon\n4305 Santa Fe Ave.\nVernon, CA 90058\nCPF 5-2018-0006M\nDear Ms. Nguyen:\nOn April 24-27, 2017 and May 22-26, 2017, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected the natural gas transmission and distribution pipeline system in Vernon,\nCalifornia.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nThe City of Vernon’s (Vernon) plans or procedures, as described below:\n1. §192.303 Compliance with specifications or standards.\nEach transmission line or main must be constructed in accordance with\ncomprehensive written specifications or standards that are consistent with this\npart.\nThe Vernon comprehensive written specifications and standards do not contain procedures or\nstatements addressing the use of miter joints to join steel pipe.1 Vernon’s written\nspecifications and standards should include, at a minimum, a statement that it does not utilize\n1 Part 192 includes regulations governing miter joints. See 49 C.F.R. § 192.233 (prescribing minimum safety\nrequirements for the use of miter joints).\n\n\n\nmiter joints on its system.\n2. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . .\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.\nThe Vernon Operations, Maintenance and Inspections Plans (O&M) manual did not have\nsufficient written procedures for prompt incident reporting, as required by §192.613(a), which\nmandates that operators “take appropriate action concerning . . . failures” and §192.615\ngoverning emergency plans to minimize hazards resulting from an emergency.2 Specifically,\nVernon’s O&M does not identify a time frame for incident reporting, nor does it require that\nincident reports be submitted as soon as practicable, but no later than one hour after\nconfirmed discovery.\n3. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . .\n(d) Safety-related condition reports. The manual required by paragraph (a) of this\nsection must include instructions enabling personnel who perform operation and\nmaintenance activities to recognize conditions that potentially may be safety-\nrelated conditions that are subject to the reporting requirements of §191.23 of\nthis subchapter.\nVernon’s reporting procedure contained in the O&M requires Safety Related\nCondition Reports (SRCR) to be mailed to PHMSA. However, §191.25 requires each report\nof a safety-related condition under §191.23(a) be filed by electronic mail or facsimile.\n4. §192.605 Procedural manual for operations, maintenance, and emergencies.\nEach operator shall include the following in its operating and maintenance plan:\n(a)…\n(b) Maintenance and normal operations. The manual required by paragraph (a)\nof this 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\nof the requirements of this subpart and Subpart M of this part.\nVernon’s O&M does not contain a process to report events listed in §191.22(c) despite the\nfact that these construction changes may relate to operating, maintaining and repairing its\npipeline.\n2 See also 49 C.F.R. §191.5(a) (requiring that at the earliest practical moment, but no later than one hour after\nconfirmed discovery, each operator must give notice of incidents to the National Response Center).\n2\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\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 90 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.\nIt is requested (not mandated) that Vernon maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Kim West, Director, Western Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 5-2018-0006M and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nKim West\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#156372)\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":8744}