# ISLAND ENERGY — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 52020004NOPV
- **title:** ISLAND ENERGY — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2020-10-16
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.616(c), 192.616(d).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-52020004nopv.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-52020004nopv.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-52020004nopv
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/52020004NOPV
**body:**

Notice of Probable Violation involving ISLAND ENERGY. PHMSA's enforcement data identifies the cited regulations as 192.616(c),  192.616(d). The case was opened on 2020-10-16 and is reported as closed as of 2021-12-30. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

52020004NOPV_Closure Letter_12302021_(20-173118).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52020004NOPV/52020004NOPV_Closure%20Letter_12302021_(20-173118).pdf

52020004NOPV_Closure Letter_12302021_(20-173118)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52020004NOPV/52020004NOPV_Closure%20Letter_12302021_(20-173118)_text.pdf

52020004NOPV_Final Order_01082021_(20-173118).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52020004NOPV/52020004NOPV_Final%20Order_01082021_(20-173118).pdf

52020004NOPV_Final Order_01082021_(20-173118)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52020004NOPV/52020004NOPV_Final%20Order_01082021_(20-173118)_text.pdf

52020004NOPV_Operator Response to Notice_11092020_(20-173118).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52020004NOPV/52020004NOPV_Operator%20Response%20to%20Notice_11092020_(20-173118).pdf

52020004NOPV_PCO_10162020_(20-173118).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52020004NOPV/52020004NOPV_PCO_10162020_(20-173118).pdf

52020004NOPV_PCO_10162020_(20-173118)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52020004NOPV/52020004NOPV_PCO_10162020_(20-173118)_text.pdf

52020004NOPV_Closure Letter_12302021_(20-173118)_text.pdf

VIA E-MAIL TO MR. GARRETT EVANS
December 30, 2021
Mr. Garrett Evans
City Manager
City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
CPF 5-2020-004-NOPV
Closure Letter
Dear Mr. Evans:
On October 16, 2020, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office of Pipeline
Safety (OPS), issued a Notice of Probable Violation (Notice) to the Pittsburg Power Company, a
municipal authority, that operates a gas distribution system known as Island Energy on Mare Island in
Vallejo, California (Respondent). The Notice proposed finding that Respondent had violated the pipeline
safety regulations in 49 C.F.R. Part 192. The Notice also proposed certain measures to correct the
violations. Respondent did not contest the allegations of violation or corrective measures. On January 8,
2021, PHMSA issued a Final Order finding Respondent in violation of Part 192 as set forth in the Notice,
and requiring certain remedial actions in a Compliance Order.
After the Final Order was issued, Respondent submitted additional documentation evidencing compliance
with the remedial measures set forth in the Compliance Order. Specifically, Respondent submitted
amended procedures on January 25, 2021 and the effectiveness review of the Public Awareness Plan on
September 9, 2021. My staff reviewed the submitted documents, and it appears that all the remedial
measures in the Compliance Order have been adequately completed.
This letter is to inform you no further action is necessary and this case is now closed. Thank you
for your cooperation.
Sincerely,
Dustin Hubbard
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 J. Dunphy (#20-173118)
Doug Buchanan, General Manager Island Energy 995 Walnut Ave. Vallejo, CA 94592
Terrence Eng, Program Manager, Gas Safety and Reliability Branch, California Public
Utilities Commission

52020004NOPV_Final Order_01082021_(20-173118)_text.pdf

January 8, 2021
VIA ELECTRONIC MAIL TO: dougbuchanan@ci.pittsburg.ca.us
Mr. Douglas W. Buchanan, PE
Power Company Manager
Pittsburg Power Company – Island Energy
995 Walnut Avenue
Vallejo, California 94592
Re: CPF No. 5-2020-004-NOPV
Dear Mr. Buchanan:
Enclosed please find the Final Order issued in the above-referenced case to Pittsburg Power
Company, d/b/a Island Energy. It makes findings of violation and specifies actions that need to
be taken to comply with the pipeline safety regulations. When the terms of the compliance order
have been completed, as determined by the Director, Western Region, this enforcement action
will be closed. Service of the Final Order by electronic mail is effective upon the date of
transmission, as provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosures (Final Order and NOPV)
cc: Mr. Garrett Evans, City Manager, City of Pittsburg, CA, gevans@ci.pittsburg.ca.us
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
)
In the Matter of )
)
Pittsburg Power Company, )
a California municipal authority, ) CPF No. 5-2020-004-NOPV
d/b/a Island Energy, )
)
Respondent. )
____________________________________)
FINAL ORDER
On October 16, 2020, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office of
Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to the Pittsburg Power
Company, a municipal authority, that operates a gas distribution system known as Island Energy
on Mare Island in Vallejo, California (Respondent).1 The Notice proposed finding that
Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 192. The Notice also
proposed certain measures to correct the violations. Respondent did not contest the allegations
of violation or corrective measures.
Based upon a review of all of the evidence, pursuant to 49 C.F.R. § 190.213, I find that
Respondent violated the pipeline safety regulations listed below, as more fully described in the
enclosed Notice, which is incorporated by reference:
49 C.F.R. § 192.616(d) (Item 1) ─ Respondent failed to identify dredging
companies as individual stakeholders in its Public Awareness Program;
49 C.F.R. § 192.616(c) (Item 2) ─ Respondent failed to deliver materials and
messages to the Coast Guard in 2019, as required by [American Petroleum
Institute Recommended Practice (API RP)] 1162, Table 2-1; and
49 C.F.R. § 192.616(c) (Item 3) ─ Respondent failed to provide documentation
that it had conducted an effectiveness review of its Public Awareness Program, or
provide justification as to why compliance with an effectiveness review was not
practicable and not necessary for safety, as required by API RP 1162, Section 8.4.
1 The Notice was issued to the City of Pittsburg, when it should have been issued more properly to the Pittsburg
Power Company, a California municipal Joint Powers Authority (JPA) established in 1997 between the City of
Pittsburg and the City’s Redevelopment Agency. As a California JPA, Pittsburg Power Company performs as an
electric and natural gas municipal utility, with the authority to provide wholesale and retail electric and gas utility
services under authorized franchise agreements within California. See http://pittsburgpowerco.com/blog/about-us/.



CPF No. 5-2020-004-NOPV
Page 2
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
COMPLIANCE ORDER
Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the
actions proposed in the enclosed Notice to correct the violations. The Director may grant an
extension of time to comply with any of the required items upon a written request timely
submitted by the Respondent and demonstrating good cause for an extension. Upon completion
of ordered actions, Respondent may request that the Director close the case. Failure to comply
with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in
referral to the Attorney General for appropriate relief in a district court of the United States.
The terms and conditions of this order are effective upon service in accordance with 49 C.F.R.
§ 190.5.
January 8, 2021
__________________________________ _________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety
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