{"operation":"document","citation":"CPF 520180012M","title":"BARROW UTILITIES & ELECTRIC CORP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-12-06","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(2), 192.605(b)(3), 192.605(b)(4), 192.605(b)(8), 192.605(d), 192.615(b)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520180012m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520180012m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520180012m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520180012M","body":"Notice of Amendment involving BARROW UTILITIES & ELECTRIC CORP. PHMSA's enforcement data identifies the cited regulations as 192.605(b)(2),  192.605(b)(3),  192.605(b)(4),  192.605(b)(8),  192.605(d),  192.615(b)(3). The case was opened on 2018-12-06 and is reported as closed as of 2019-07-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520180012M_Closure Letter_07022019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180012M/520180012M_Closure%20Letter_07022019.pdf\n\n520180012M_Closure Letter_07022019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180012M/520180012M_Closure%20Letter_07022019_text.pdf\n\n520180012M_Notice of Amendment_12062018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180012M/520180012M_Notice%20of%20Amendment_12062018.pdf\n\n520180012M_Notice of Amendment_12062018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180012M/520180012M_Notice%20of%20Amendment_12062018_text.pdf\n\n520180012M_Operator Response to Notice_01232019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180012M/520180012M_Operator%20Response%20to%20Notice_01232019.pdf\n\n520180012M_Notice of Amendment_12062018_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 6, 2018\nThe Honorable Harry K. Brower, Jr., Mayor\nNorth Slope Borough\nP.O. Box 69\n1274 Agvik Street\nBarrow, Alaska 99723\nCPF 5-2018-0012M\nDear Mayor Brower:\nOn September 26 through 30, 2016, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Barrow\nUtilities and Electric Cooperative, Inc. (BUECI) procedures for Natural Gas Distribution in Barrow,\nAlaska.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nBUECI’s plans or procedures, as described below:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following, if applicable, to provide safety during\nmaintenance and operations.\n(2) Controlling corrosion in accordance with the operations and maintenance\nrequirements of subpart I of this part.\n\n\n\n§ 192.459 requires that: \"Whenever an operator has knowledge that any portion of a buried pipeline is\nexposed, the exposed portion must be examined for evidence of external corrosion if the pipe is bare,\nor if the coating is deteriorated. If external corrosion requiring remedial action under §§ 192.483\nthrough 192.489 is found, the operator shall investigate circumferentially and longitudinally beyond\nthe exposed portion (by visual examination, indirect method, or both) to determine whether additional\ncorrosion requiring remedial action exists in the vicinity of the exposed portion.\" Written procedures,\nas required by § 192.605(b)(2) to address the requirements of § 192.459, were not in BEUCI's\nOperations and Maintenance (O&M) procedures manual.\n2. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following, if applicable, to provide safety during\nmaintenance and operations.\n(3) Making construction records, maps, and operating history available to appropriate\noperating personnel.\nBUECI's procedures did not include requirements for making construction records, maps and\noperating history available to appropriate operating personnel, as required by §192.605(b)(3).\n3. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following, if applicable, to provide safety during\nmaintenance and operations.\n(4) Gathering of data needed for reporting incidents under Part 191 of this chapter in a\ntimely and effective manner.\n§ 191.9(a) requires that, \"Except as provided in paragraph (c) of this section, each operator of a\ndistribution pipeline system shall submit Department of Transportation Form RSPA F 7100.1 as soon\nas practicable but not more than 30 days after detection of an incident required to be reported under §\n191.5.\" BUECI did not have a written process for \"gathering of data needed for reporting incidents\nunder Part 191 of this chapter in a timely and effective manner\", and specifically, there was no written\nprocess for gathering data required for reporting incidents in accordance with § 191.9(a), as required\nby § 192.605(b)(4). Likewise, § 191.9(b) requires that, \"When additional relevant information is\nobtained after the report is submitted under paragraph (a) of this section, the operator shall make\nsupplementary reports as deemed necessary with a clear reference by date and subject to the original\nreport.” BUECI did not have a written process for \"gathering of data needed for reporting incidents\nunder Part 191 of this chapter in a timely and effective manner\", and specifically, there was no written\nprocess for gathering data required for supplemental reporting of incidents in accordance with §\n191.9(b), as required by § 192.605(b)(4).\n4. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following, if applicable, to provide safety during\nmaintenance and operations.\n(8) Periodically reviewing the work done by operator personnel to determine the\neffectiveness, and adequacy of the procedures used in normal operation and\nmaintenance and modifying the procedures when deficiencies are found.\n2\n\n\n\nBUECI's O&M procedures did not include requirements for periodically reviewing the work done by\noperator personnel to determine the effectiveness and adequacy of the procedures used in normal\noperations and maintenance or for modifying the procedures when deficiencies are found, as required\nby § 192.605(b)(8).\n5. § 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-related\nconditions that are subject to the reporting requirements of § 191.23 of this subchapter.\nBUECI did not have a written process of \"instructions enabling personnel who perform operation and\nmaintenance activities to recognize conditions that potentially may be safety-related conditions that\nare subject to the reporting requirements of § 191.23 of this subchapter.\"\n6. § 192.615 Emergency plans.\n(a) . . . .\n(b) Each operator shall:\n(3) Review employee activities to determine whether the procedures were effectively\nfollowed in each emergency.\nBUECI O&M procedures did not include reviewing of employee activities to determine whether the\nprocedures were effectively followed in each emergency, as required by § 192.615(b)(3). Operator\npersonnel said that tailgate meetings and discussions concerning response were held at the operations\nshop after emergencies. However, these were not documented.\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 part\nof 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 material\nyou submit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n552(b), along with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information 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 of receipt\nof this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and\nauthorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or procedures\nare found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures\nto correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this Notice, we propose\nthat you submit your amended procedures to my office within 45 days of receipt of this Notice. This\nperiod may be extended by written request for good cause. Once the inadequacies identified herein\nhave been addressed in your amended procedures, this enforcement action will be closed.\n3\n\n\n\nIt is requested (not mandated) that Barrow Utilities and Electric Cooperative, Inc. maintain\ndocumentation of the safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Kim West, Director, Western\nRegion, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 5-2018-0012M and, for each document you submit, please provide a copy\nin electronic format whenever possible.\nSincerely,\nKim West\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 A. Marlowe (#154154)\nBen L. Frantz, General Manager, Barrow Utilities and Electric Cooperative, Inc., 1295\nAgvik Street, Barrow, AK 99723\nEric Daner, Eric.Daner@north-slope.org\n4\n\n520180012M_Closure Letter_07022019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 2, 2019\nMr. Ben L. Frantz\nGeneral Manager\nBarrow Utilities and Electric Cooperative, Inc.\nP.O. Box 449\nBarrow, Alaska 99723\nCPF 5-2018-0012M\nClosure Letter\nDear Mr. Frantz:\nOn September 26 through 30, 2016, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site\npipeline safety inspection of Barrow Utilities and Electric Cooperative, Inc. (BUECI) procedures in\nBarrow, Alaska. As a result of the inspection, BUECI was issued a Notice of Amendment (NOA) on\nDecember 6, 2018, which proposed amendment of your procedures.\nBUECI submitted its amended procedures on January 23, 2019. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in Items 1, 2, 4, and 6 in the NOA were\ncorrected.\nHowever, further revisions were necessary to adequately address Items 3 and 5.\nBUECI further submitted its amended procedures on May 30, 2019. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in Items 3 and 5 in the NOA have been\ncorrected.\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 M. Chard (#154154)","truncated":false,"body_characters":11606}