{"operation":"document","citation":"CPF 520185006M","title":"SUNCOR ENERGY (USA) PIPELINE CO. — 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 195.505(a), 195.505(b), 195.505(c), 195.505(d), 195.505(e), 195.505(f), 195.505(h).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520185006m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520185006m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520185006m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520185006M","body":"Notice of Amendment involving SUNCOR ENERGY (USA) PIPELINE CO.. PHMSA's enforcement data identifies the cited regulations as 195.505(a),  195.505(b),  195.505(c),  195.505(d),  195.505(e),  195.505(f),  195.505(h). The case was opened on 2018-12-06 and is reported as closed as of 2019-09-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520185006M_Closure Letter_09102019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520185006M/520185006M_Closure%20Letter_09102019.pdf\n\n520185006M_Closure Letter_09102019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520185006M/520185006M_Closure%20Letter_09102019_text.pdf\n\n520185006M_Notice of Amendment_12062018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520185006M/520185006M_Notice%20of%20Amendment_12062018.pdf\n\n520185006M_Notice of Amendment_12062018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520185006M/520185006M_Notice%20of%20Amendment_12062018_text.pdf\n\n520185006M_Operator Response to Notice and Request for Time Extension_12212018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520185006M/520185006M_Operator%20Response%20to%20Notice%20and%20Request%20for%20Time%20Extension_12212018.pdf\n\n520185006M_Notice of Amendment_12062018_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 6, 2018\nMs. Christina Henderson\nPresident\nSuncor Energy\n1715 Fleischli Parkway\nCheyenne, WY 82001\nCPF 5-2018-5006M\nDear Ms. Henderson:\nOn May 14 through 17, 2018, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Suncor\nEnergy’s written Operator Qualifications (OQ) Program in Cheyenne, Wyoming.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nSuncor Energy’s (operator) plans or procedures, as described below:\n1. §195.505 Qualification Program\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) Identify covered tasks; …\nThe operator’s program fails to identify a process that illustrates how it ensures the addition,\nrevision, or deletion of covered tasks to incorporate changes to operations, maintenance, or\nregulatory requirements.\n2. §195.505 Qualification Program\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) . . .\n\n\n\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified; …\nThe operator’s program identified methods used to qualify individuals. However, the methods are\nnot clearly stated to indicate which methods are used for initial qualification versus re-\nqualification. Additionally, the program identified an 80% cut score for written tests, but fails to\nidentify a pass/fail criterion for other evaluations (i.e. oral, performance, etc.).\nFurthermore, the provisions in the operator’s program fails to ensure that contractors or third-\nparty OQ programs are thoroughly evaluated, and that the pass/fail criteria of third-party programs\nare comparable to the operator’s criterion.\nSpecifically, the evaluation methods fail to provide adequate information (i.e. operation and\nmaintenance (O&M) procedure requirements, or specific steps/procedure checklist(s) that\ncorrespond with the actual procedures, and identification of equipment used) for evaluators to use\nto objectively verify knowledge, skills, and ability (KSA) during performance evaluations.\nThe OQ program also fails to require that performance evaluations and/or hands-on tests be\nconducted in a one-on-one setting rather than as a group exercise to ensure each individual is\nqualified.\nSection 4 - Management of Contractor/Non-Employee Qualifications states that it will review the\nthird-party vendor, and determine whether the qualification provided through these entities are\nacceptable to the operator. However, the operator stated this process was initially written when the\nOQ regulations came into effect, but are unsure if it still utilizes the same process.\nFinally, Section 4.2, Contractor/Non-Employee Qualifications Methods states that if a covered\nqualification task requires certification from an external source (i.e. NACE, API, etc.), that\ncontractors will provide proof of said qualifications. However, NACE, API, or other certifications\nare not a substitute for being qualified under the operator’s program.\n3. §195.505 Qualification Program\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) . . .\n(c) Allow individuals that are not qualified pursuant to this subpart to perform a\ncovered task if directed and observed by an individual that is qualified; …\nThe operator failed to include an inadequate procedure to establish span of control ratios, and did\nnot consider or address factors that influence span of control, such as distance, noise levels, and\nunqualified worker's ability to comprehend English. Furthermore, the operator could not explain\nhow the span of control ratios were established.\nAdditionally, the operator's wording is \"directly observe\" rather than direct and observe, making it\ninconsistent with the language in §195.505(c).\n4. §195.505 Qualification Program\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n(a) . . .\n2\n\n\n\n(d) Evaluate an individual if the operator has reason to believe that the individual’s\nperformance of a covered task contributed to an accident as defined in Part 195; …\nThe operator’s program fails to provide a process to determine or consider if the task that\ncontributed to an incident was a covered task and/or the qualification process for the covered task\nwas ineffective.\n5. §195.505 Qualification Program\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n(a) . . .\n(e) Evaluate an individual if the operator has reason to believe that the individual\nis no longer qualified to perform a covered task; …\nThe operator's program fails to describe or include provisions for the re-evaluation process if an\nindividual is no longer considered qualified, or if a qualified individual fails an evaluation.\nAdditionally, the time frame for repeating an evaluation is not defined.\n6. §195.505 Qualification Program\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n(a) . . .\n(f) Communicate changes that affect covered tasks to individuals performing\ncovered tasks; …\nThe operator’s program fails to identify how changes to the program or changes that affect\ncovered tasks will be communicated to qualified individuals, including contractors. The operator’s\nprogram uses terminology for categories of changes (i.e. low, medium, and high impact,\nsignificant changes, or critical changes), but fails to define or provide criteria for the terms, nor\nidentify the time frame for communicating changes.\n7. §195.505 Qualification Program\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n(a) . . .\n(h) After December 16, 2004, provide training, as appropriate, to ensure that\nindividuals performing covered tasks have the necessary knowledge and skills to\nperform the tasks in a manner that ensures the safe operation of the pipeline\nfacilities; …\nSection 3.0 of the operator’s program states the requirement of \"additional training and self-\nstudy\", but fails to expand or define what this requirement includes. Additionally, training for\ndevelopment of new hires is not clearly defined.\nThe operator has not performed a gap analysis to assure that the procedures used by Suncor\nEnergy are the same or consistent as used by the contractor organizations/other entities. Because\nthe operator's program fails to have a process to ensure the procedures used by contractor\norganizations/other entities are consistent with the operator's procedures, proper training and\nevaluation of vendor's qualified personnel could not be determined.\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\n45 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 Suncor 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, Director, Western Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 5-2018-5006M 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\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#158179)\n4\n\n520185006M_Closure Letter_09102019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 10, 2019\nMs. Nancy Thonen\nPresident\nSuncor Energy (U.S.A.) Pipeline Company\n717 17th Street, Suite 2900\nDenver, CO 80202\nCPF 5-2018-5006M\nClosure Letter\nDear Ms. Thonen:\nDuring the week of May 14 through 17, 2018, 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 Suncor Energy (U.S.A.) Pipeline Company’s\n(Suncor) procedures in Cheyenne, Wyoming. As a result of the inspection, Suncor was issued a Notice\nof Amendment on December 6, 2018, which proposed amendment of your procedures.\nOn February 25, 2019, PHMSA granted Suncor an extension until June 30, 2019 to submit amended\nprocedures.\nSuncor Energy submitted its amended procedures on June 26, 2019, received on June 28, 2019.\nPHMSA staff reviewed the amended procedures and it appears that the inadequacies outlined in this\nNotice of Amendment 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 D. Fehling (#158179)","truncated":false,"body_characters":12055}