{"operation":"document","citation":"CPF 52021014NOA","title":"ALYESKA PIPELINE SERVICE CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-04-14","effective_on":null,"summary":"CLOSED notice of amendment citing 195.446(b)(5).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021014noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021014noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021014noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021014NOA","body":"Notice of Amendment involving ALYESKA PIPELINE SERVICE CO. PHMSA's enforcement data identifies the cited regulation as 195.446(b)(5). The case was opened on 2021-04-14 and is reported as closed as of 2021-06-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021014NOA_Closure Letter_06042021_(20-173102).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021014NOA/52021014NOA_Closure%20Letter_06042021_(20-173102).pdf\n\n52021014NOA_Closure Letter_06042021_(20-173102)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021014NOA/52021014NOA_Closure%20Letter_06042021_(20-173102)_text.pdf\n\n52021014NOA_Notice of Amendment_04142021_(20-173102).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021014NOA/52021014NOA_Notice%20of%20Amendment_04142021_(20-173102).pdf\n\n52021014NOA_Notice of Amendment_04142021_(20-173102)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021014NOA/52021014NOA_Notice%20of%20Amendment_04142021_(20-173102)_text.pdf\n\n52021014NOA_Operator Response to Notice_05102021_(20-173102).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021014NOA/52021014NOA_Operator%20Response%20to%20Notice_05102021_(20-173102).pdf\n\n52021014NOA_Notice of Amendment_04142021_(20-173102)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. BRIGHAM MCCOWN\nApril 14, 2021\nMr. Brigham McCown\nPresident\nAlyeska Pipeline Service Company\n3700 Centerpoint Drive\nP.O. Box 196660\nAnchorage, AK, 99515\nCPF 5-2021-014-NOA\nDear Mr. McCown:\nDuring the week of August 17 through 21, 2020, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), performed\na virtual inspection of the Alyeska Pipeline Service Company's Control Room located in Anchorage,\nAlaska. This inspection included procedures, records, and virtual observations associated with the Control\nRoom Management Program.\nOn the basis of the inspection, PHMSA has identified an apparent inadequacy found within Alyeska\nPipeline Service Company’s plans or procedures, as described below:\n1. § 195.446 - Control room management.\n(a) …\n(b) Roles and responsibilities. Each operator must define the roles and responsibilities of a\ncontroller during normal, abnormal, and emergency operating conditions. To provide\nfor a controller’s prompt and appropriate response to operating conditions, an\noperator must define each of the following:\n(1) …\n\n\n\n(5) The roles, responsibilities and qualifications of others who have the authority to direct\nor supersede the specific technical actions of controllers.\nAlyeska revised their procedure after the inspection to include a statement identifying who has the\nauthority to direct or supersede the technical actions of a controller. However, the revised procedure is\nunclear, and therefore inadequate to assure the safe operation of the pipeline facilities.\nThe operator added the following to Document DO-14-2, Edition 9, Revision 2 (November 11, 2020),\nSection 3 - Controller Authority, Roles, and Responsibilities; Section 3.1 - Operations:\n\"To help ensure that the Roles and Responsibilities of the controllers are safely and effectively carried\nout, the only personnel that can direct or supersede the controller's technical actions are the OCC\nSupervisor(s) and Lead Controller(s). Personnel in these positions are required to maintain operator\nqualification (OQ) for both the Pipeline and Terminal Consoles. Any technical requests for TAPS are\nchanneled/directed through these positions.\"\nPHMSA is unsure what the last sentence (in italics) is trying to convey or how it relates to the operator’s\nauthority to direct or supersede. Alyeska should consider revising the statement to clearly identify how it\nrelates to the authority to direct or supersede, or consider removing the sentence.\nThe procedure continues and provides the following guidelines:\n“In the event, it becomes necessary to supersede the controller’s actions, follow these guidelines:\n The OCC Supervisor or Lead Controller will complete the following:\n- Analyze the current operating condition to using all the latest information they have about the\nsituation to determine the best course of action to protect personnel, the environment, and the\nintegrity of the TAPS system.\n- Instruct the controller to take action based on their assessment of the situation.\n The OCC controller will repeat the instruction back to the OCC Supervisor or Lead Controller to\nconfirm their understanding of the direction, upon confirmation, they will initiate the response\nbased on the direction of the OCC Supervisor or Lead Controller.\n The OCC Supervisor or Lead Controller will confirm or repeat the instruction, as necessary.\n In the unlikely event it becomes necessary for the OCC Supervisor or designee to replace an OCC\ncontroller at a console:\n- The on-shift OCC Supervisor will request the OCC Lead Controller to ensure the Pipeline or\nTerminal console is covered and request to speak to the controller in the supervisor’s office.\n- Turnover will commence following the normal process outlines in OCC 3.13, OCC Shift\nChange.”\nThese guidelines are unclear and appear to confuse the authority to direct with the authority to supersede.\nIf the operator decides to grant the authority to direct or supersede, the operator must amend the\nprocedure to clearly describe the process how the authority to direct the technical actions of a controller\nwill be implemented and documented; and clearly describe how the authority to supersede the technical\nactions of a controller will be implemented and documented.\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 part of\nthis Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings.\n2\n\n\n\nPlease refer to this document and note the response options. Be advised that all material you submit in\nresponse to this enforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with\nthe complete original document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies 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 procedures, or\na request for a hearing under §190.211. If you do not respond within 30 days of receipt of this Notice,\nthis constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and\nto issue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R.\n§ 190.206). If you are not contesting this Notice, we propose that you submit your amended procedures\nto my office within 30 days of receipt of this Notice. This period may be extended by written request for\ngood cause. Once the inadequacies identified herein have been addressed in your amended procedures,\nthis enforcement action will be closed.\nIt is requested (not mandated) that Alyeska Pipeline Service Company maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please refer to\nCPF 5-2021-014-NOA and, for each document you submit, please provide a copy in electronic format\nwhenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#20-173102)\n3\n\n52021014NOA_Closure Letter_06042021_(20-173102)_text.pdf\n\nVIA E-MAIL TO MS. ALLISON IVERSON\nJune 4, 2021\nMs. Allison Iverson\nHSEC Director\nAlyeska Pipeline Service Company\n3700 Centerpoint Drive\nP.O. Box 196660, MS 502\nAnchorage, Alaska 99519-6660\nCPF 5-2021-014-NOA\nClosure Letter\nDear Ms. Iverson:\nDuring the week of August 17 through 21, 2020, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), performed\na virtual inspection of the Alyeska Pipeline Service Company's Control Room located in Anchorage,\nAlaska. This inspection included procedures, records, and virtual observations associated with the Control\nRoom Management Program.\nAs a result of the inspection, Alyeska was issued a Notice of Amendment on April 14, 2021, which\nproposed amendment of your procedures.\nAlyeska submitted its amended procedures on May 10, 2021. My staff reviewed the amended procedures,\nand it appears that the inadequacies outlined in this Notice of Amendment have been corrected.\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 D. Fehling (#20-173102)","truncated":false,"body_characters":9616}