{"operation":"document","citation":"CPF 520200011M","title":"NORTH SLOPE BOROUGH ENERGY MANAGEMENT — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-11-18","effective_on":null,"summary":"CLOSED notice of amendment citing 192.935(b)(1)(iv).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520200011m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520200011m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520200011m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520200011M","body":"Notice of Amendment involving NORTH SLOPE BOROUGH ENERGY MANAGEMENT. PHMSA's enforcement data identifies the cited regulation as 192.935(b)(1)(iv). The case was opened on 2020-11-18 and is reported as closed as of 2020-12-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520200011M_Closure Letter_12102020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520200011M/520200011M_Closure%20Letter_12102020.pdf\n\n520200011M_Closure Letter_12102020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520200011M/520200011M_Closure%20Letter_12102020_text.pdf\n\n520200011M_Notice of Amendment_11182020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520200011M/520200011M_Notice%20of%20Amendment_11182020.pdf\n\n520200011M_Notice of Amendment_11182020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520200011M/520200011M_Notice%20of%20Amendment_11182020_text.pdf\n\n520200011M_Operator Response to Notice_12022020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520200011M/520200011M_Operator%20Response%20to%20Notice_12022020.pdf\n\n520200011M_Closure Letter_12102020_text.pdf\n\nVIA E-MAIL TO THE HONORABLE HARRY K. BROWER, JR.\nDecember 10, 2020\nThe Honorable Harry K. Brower, Jr., Mayor\nMayor of the North Slope Borough\nNorth Slope Borough Energy Management\nP.O. Box 69\nUtqiagvik, Alaska 99723\nCPF 5-2020-0011M\nClosure Letter\nDear Mayor Brower:\nOn December 9 through 13, 2019, and March 10, 2020, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nNorth Slope Borough Energy Management’s (NSBEM) procedures for operations, maintenance, and\nintegrity management of the Barrow (Utqiagvik) and Nuiqsut natural gas pipelines in the North Slope\nBorough, Alaska.\nNSBEM submitted its amended procedures on December 2, 2020. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you for your\ncooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 Jake Gano (#166676)\n\n520200011M_Notice of Amendment_11182020_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO THE HONORABLE HARRY K BROWER, JR.\nNovember 18, 2020\nThe Honorable Harry K. Brower, Jr., Mayor\nMayor of the North Slope Borough\nNorth Slope Borough Energy Management\nP.O. Box 69\nUtqiagvik, Alaska 99723\nCPF 5-2020-0011M\nDear Mayor Brower:\nOn December 9 through 13, 2019, and March 10, 2020, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code, inspected North Slope Borough Energy Management’s (NSBEM) procedures for\noperations, maintenance, and integrity management of the Barrow pipeline in Utqiagvik and\nNuiqsut natural gas pipelines in the North Slope Borough, Alaska.\nOn the basis of the inspection, PHMSA has identified an apparent inadequacy found within\nNSBEM’s plans or procedures, as described below:\n1. §192.935 What additional preventive and mitigative measures must an operator\ntake?\n\n\n\n(a) General requirements…\n(b) Third party damage and outside force damage—\n(1) Third party damage. An operator must enhance its damage prevention program,\nas required under §192.614 of this part, with respect to a covered segment to\nprevent and minimize the consequences of a release due to third party damage.\nEnhanced measures to an existing damage prevention program include, at a\nminimum—\n…\n(iv) Monitoring of excavations conducted on covered pipeline segments by pipeline\npersonnel. If an operator finds physical evidence of encroachment involving\nexcavation that the operator did not monitor near a covered segment, an operator\nmust either excavate the area near the encroachment or conduct an above ground\nsurvey using methods defined in NACE SP0502 (incorporated by reference, see\n§192.7). An operator must excavate, and remediate, in accordance with\nANSI/ASME B31.8S and §192.933 any indication of coating holidays or\ndiscontinuity warranting direct examination.\nSection 10.2.2.2 of the operator's integrity management procedure stated that unreported\nconstruction activity would initiate an investigation. However, it did not state the code\nrequirement that if an operator finds physical evidence of encroachment involving excavation\nthat the operator did not monitor near a covered segment, an operator must either excavate the\narea near the encroachment or conduct an above ground survey using methods defined in NACE\nSP0502.\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\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade 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\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies 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\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\n2\n\n\n\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\n90 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that North Slope Borough Energy Management maintain\ndocumentation of the safety improvement costs associated with fulfilling this Notice of\nAmendment (preparation/revision of plans, procedures) and submit the total to Dustin Hubbard,\nDirector, Western Region, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to CPF 5-2020-0011M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nDustin Hubbard\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 Jake Gano (#166676)\n3","truncated":false,"body_characters":7310}