{"operation":"document","citation":"CPF 520190008W","title":"NORTH SLOPE BOROUGH ENERGY MANAGEMENT — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-01-25","effective_on":null,"summary":"CLOSED warning letter citing 192.615(b)(2), 192.615(c)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190008w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190008w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190008w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520190008W","body":"Warning Letter involving NORTH SLOPE BOROUGH ENERGY MANAGEMENT. PHMSA's enforcement data identifies the cited regulations as 192.615(b)(2),  192.615(c)(1). The case was opened on 2019-01-25 and is reported as closed as of 2019-01-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520190008W_Warning Letter_01252019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190008W/520190008W_Warning%20Letter_01252019.pdf\n\n520190008W_Warning Letter_01252019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190008W/520190008W_Warning%20Letter_01252019_text.pdf\n\n520190008W_Warning Letter_01252019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 25, 2019\nThe Honorable Harry K. Brower, Jr., Mayor\nNorth Slope Borough\nP.O. Box 69\nBarrow, Alaska 99723\nCPF 5-2019-0008W\nDear Mayor Brower:\nFrom July 10 through 14, 2017 and again from November 13 through 15, 2017, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), inspected your Nuiqsut Utility Cooperative (NUC) natural gas distribution system\nfacilities, procedures, and implementing records associated with that system in Nuiqsut, Alaska. NUC is\noverseen by the Fuel & Natural Gas division of the Department of Public Works, North Slope Borough\n(NSB).\nBased on our inspection findings, PHMSA determined that the North Slope Borough (NSB) committed\nprobable violations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The\ndeficiencies noted and the probable violations are:\n1. § 192.615 Emergency Plans.\n(a) . . . .\n(b) Each operator shall: ….\n(2) Train the appropriate operating personnel to assure that they are knowledgeable of the\nemergency procedures and verify that the training is effective.\nNorth Slope Borough was unable to demonstrate that all the NUC operating personnel were\nknowledgeable of the emergency procedures required by §192.615. No records could be provided that\nindicated that emergency response task identification and competency training had been completed for all\nnew employees. The regulation requires that all appropriate operating personnel, including newly-hired\npersonnel, be knowledgeable of emergency procedures. Furthermore, NSB and the NUC must verify the\ntraining is effective. Supporting records demonstrating that these training activities were completed are\nrequired by §192.603(b).\n\n\n\n2. § 192.615 Emergency Plans.\n(a) . . . .\n(c) Each operator shall establish and maintain liaison with appropriate fire, police, and\nother public officials to:\n(1) Learn the responsibility and resources of each government organization that may\nrespond to a gas pipeline emergency;\nNSB could not demonstrate on-going liaison activities between the NUC and the Nuiqsut Fire\nDepartment. NSB must ensure that they and NUC personnel establish and maintain a liaison with\nNuiqsut Fire Department and other appropriate public officials. Supporting records demonstrating these\nliaison activities were completed are required by §192.603(b).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a related series\nof violations. For violations occurring prior to November 2, 2015, the maximum penalty may not exceed\n$200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a related series of\nviolations. We have reviewed the circumstances and supporting documents involved in this case, and\nhave decided not to conduct additional enforcement action or penalty assessment proceedings at this time.\nWe advise you to correct the item(s) identified in this letter. Failure to do so will result in NSB being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 5-\n2019-0008W. Be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second 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).\nSincerely,\nChris Hoidal\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: Allen Snow, Division Manager, Fuel and Natural Gas ( allen.snow@north-slope.org )\nTasi Fosi, Acting Project Administrator, Fuel and Natural Gas (tasi.fosi@north-slope.org)\nDon Eller, General Manager, Nuiqsut Utilities Cooperative ( nalaska@ytcmail.com )\nPHP-60 Compliance Registry\nPHP-500 M. Chard (#155154)\n2","truncated":false,"body_characters":4975}