{"operation":"document","citation":"CPF 520190025W","title":"AERA ENERGY LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-11-12","effective_on":null,"summary":"CLOSED warning letter citing 192.706, 192.805(b), 192.805(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190025w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190025w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190025w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520190025W","body":"Warning Letter involving AERA ENERGY LLC. PHMSA's enforcement data identifies the cited regulations as 192.706,  192.805(b),  192.805(c). The case was opened on 2019-11-12 and is reported as closed as of 2019-11-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520190025W_Warning Letter_11122019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190025W/520190025W_Warning%20Letter_11122019.pdf\n\n520190025W_Warning Letter_11122019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190025W/520190025W_Warning%20Letter_11122019_text.pdf\n\n520190025W_Warning Letter_11122019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 12, 2019\nMr. Mike Johnson\nVice President Operations\nAera Energy LLC\n10000 Ming Ave.\nP.O. Box 11164 93389\nBakersfield, CA 93311-1164\nCPF 5-2019-0025W\nDear Mr. Johnson:\nOn August 12 through 15, 2019, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected your Gas Plant #7 to SoCal transmission gas line in Ventura, California.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violations are:\n1. § 192.706 Transmission lines: Leakage surveys.\nLeakage surveys of a transmission line must be conducted at intervals not exceeding\n15 months, but at least once each calendar year…\nIn 2016, Aera Energy did not perform leakage surveys for their Gas Plant #7 to SoCal\ntransmission gas line.\n\n\n\n2. §192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) …\n(b) Ensure through evaluation that individuals performing covered tasks are qualified;\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;\nFor covered task: Pressure Relief Valve Inspection\n No Operator Qualification (OQ) records were provided for Joe Piles. Mr. Piles\nperformed the Pressure Relief Valve Inspection covered task on the pressure relief\nvalves, DOT 4 and DOT 6, on February 13, 2014 and February 10, 2015.1\nFor covered task: ROW Patrol\n Employee #1 was not qualified to perform this covered task from April 2, 2015 to\nDecember 31, 2015. Mr. Eiser performed the ROW Patrol covered task on August 14,\n2015 and November 25, 2015 without direction and observation by an individual that\nwas qualified.\n Employee #2 was not qualified to perform this covered task from March 23, 2018 to\nJuly 15, 2018. Mr. Smith performed the ROW Patrol covered task on May 15, 2018\nwithout direction and observation by an individual that was qualified.\nFor covered task: Mainline Valve Inspection\n Employee #1 was not qualified to perform this covered task from April 2, 2015 to\nDecember 31, 2015. Mr. Eiser performed the Mainline Valve Inspection covered task\non August 14, 2015 and November 25, 2015 without direction and observation by an\nindividual that was qualified.\n Employee #2 was not qualified to perform this covered task from March 23, 2018 to\nJuly 15, 2018. Mr. Smith performed the Mainline Valve Inspection covered task on\nMay 15, 2018 without direction and observation by an individual that was qualified.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465\nfor a related series of violations. For violation occurring on or after November 27, 2018 and\nbefore July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day,\n1 49 C.F.R. § 192.807(b) requires operators to maintain records supporting an individual’s current qualification\nwhile he/she is performing the task, and records of prior qualification and records of individuals no longer\nperforming tasks for a period of five years.\n2\n\n\n\nwith a maximum penalty not to exceed $2,132,679. For violation occurring on or after\nNovember 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022. For\nviolations 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\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or\npenalty assessment proceedings at this time. We advise you to correct the items identified in\nthis letter. Failure to do so will result in Aera Energy LLC being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2019-0025W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the\nportions 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.\n552(b).\nSincerely,\nDustin B. Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 Y. Liang (#162705)\n3","truncated":false,"body_characters":5707}