ISLAND ENERGY — Notice of Probable Violation

party submissionOfficial PDF52020004NOPV_Operator Response to Notice_11092020_(20-173118).pdf#

case documentOfficial PDF52020004NOPV_PCO_10162020_(20-173118).pdf#

case documentOfficial PDF52020004NOPV_PCO_10162020_(20-173118)_text.pdf#

52020004NOPV_Closure Letter_12302021_(20-173118)_text.pdf, page 1Official PDFVIA 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, page 1Official PDFJanuary 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#

52020004NOPV_Final Order_01082021_(20-173118)_text.pdf, page 2U.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/.#

52020004NOPV_Final Order_01082021_(20-173118)_text.pdf, page 3CPF 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#