# NORTH SLOPE BOROUGH ENERGY MANAGEMENT — Warning Letter

- **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:** Not available
- **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.

Official case documents:

520190008W_Warning Letter_01252019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190008W/520190008W_Warning%20Letter_01252019.pdf

520190008W_Warning Letter_01252019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190008W/520190008W_Warning%20Letter_01252019_text.pdf

520190008W_Warning Letter_01252019_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
January 25, 2019
The Honorable Harry K. Brower, Jr., Mayor
North Slope Borough
P.O. Box 69
Barrow, Alaska 99723
CPF 5-2019-0008W
Dear Mayor Brower:
From July 10 through 14, 2017 and again from November 13 through 15, 2017, a representative of the
Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United
States Code (U.S.C.), inspected your Nuiqsut Utility Cooperative (NUC) natural gas distribution system
facilities, procedures, and implementing records associated with that system in Nuiqsut, Alaska. NUC is
overseen by the Fuel & Natural Gas division of the Department of Public Works, North Slope Borough
(NSB).
Based on our inspection findings, PHMSA determined that the North Slope Borough (NSB) committed
probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The
deficiencies noted and the probable violations are:
1. § 192.615 Emergency Plans.
(a) . . . .
(b) Each operator shall: ….
(2) Train the appropriate operating personnel to assure that they are knowledgeable of the
emergency procedures and verify that the training is effective.
North Slope Borough was unable to demonstrate that all the NUC operating personnel were
knowledgeable of the emergency procedures required by §192.615. No records could be provided that
indicated that emergency response task identification and competency training had been completed for all
new employees. The regulation requires that all appropriate operating personnel, including newly-hired
personnel, be knowledgeable of emergency procedures. Furthermore, NSB and the NUC must verify the
training is effective. Supporting records demonstrating that these training activities were completed are
required by §192.603(b).



2. § 192.615 Emergency Plans.
(a) . . . .
(c) Each operator shall establish and maintain liaison with appropriate fire, police, and
other public officials to:
(1) Learn the responsibility and resources of each government organization that may
respond to a gas pipeline emergency;
NSB could not demonstrate on-going liaison activities between the NUC and the Nuiqsut Fire
Department. NSB must ensure that they and NUC personnel establish and maintain a liaison with
Nuiqsut Fire Department and other appropriate public officials. Supporting records demonstrating these
liaison activities were completed are required by §192.603(b).
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a related series
of violations. For violations occurring prior to November 2, 2015, the maximum penalty may not exceed
$200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a related series of
violations. We have reviewed the circumstances and supporting documents involved in this case, and
have decided not to conduct additional enforcement action or penalty assessment proceedings at this time.
We advise you to correct the item(s) identified in this letter. Failure to do so will result in NSB being
subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 5-
2019-0008W. 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).
Sincerely,
Chris Hoidal
Acting Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: Allen Snow, Division Manager, Fuel and Natural Gas ( allen.snow@north-slope.org )
Tasi Fosi, Acting Project Administrator, Fuel and Natural Gas (tasi.fosi@north-slope.org)
Don Eller, General Manager, Nuiqsut Utilities Cooperative ( nalaska@ytcmail.com )
PHP-60 Compliance Registry
PHP-500 M. Chard (#155154)
2
- **truncated:** false
- **body characters:** 4975