# CITY OF GLENDALE, GLENDALE WATER & POWER — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 52021037NOPV
- **title:** CITY OF GLENDALE, GLENDALE WATER & POWER — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2021-09-17
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.603(b), 192.605(a), 192.616(a), 192.807.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-52021037nopv.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-52021037nopv.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-52021037nopv
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/52021037NOPV
**body:**

Notice of Probable Violation involving CITY OF GLENDALE, GLENDALE WATER & POWER. PHMSA's enforcement data identifies the cited regulations as 192.603(b),  192.605(a),  192.616(a),  192.807. The case was opened on 2021-09-17 and is reported as closed as of 2022-04-12. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

52021037NOPV_Closure Letter_04122022_(21-201448).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021037NOPV/52021037NOPV_Closure%20Letter_04122022_(21-201448).pdf

52021037NOPV_Closure Letter_04122022_(21-201448)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021037NOPV/52021037NOPV_Closure%20Letter_04122022_(21-201448)_text.pdf

52021037NOPV_Final Order_02282022_(21-201448).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021037NOPV/52021037NOPV_Final%20Order_02282022_(21-201448).pdf

52021037NOPV_Final Order_02282022_(21-201448)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021037NOPV/52021037NOPV_Final%20Order_02282022_(21-201448)_text.pdf

52021037NOPV_Operator Response to Notice_10132021_(21-201448).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021037NOPV/52021037NOPV_Operator%20Response%20to%20Notice_10132021_(21-201448).pdf

52021037NOPV_PCO_09172021_(21-201448).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021037NOPV/52021037NOPV_PCO_09172021_(21-201448).pdf

52021037NOPV_PCO_09172021_(21-201448)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021037NOPV/52021037NOPV_PCO_09172021_(21-201448)_text.pdf

52021037NOPV_Final Order_02282022_(21-201448)_text.pdf

February 28, 2022
VIA ELECTRONIC MAIL TO: myoung@glendaleca.gov
Mr. Mark Young
General Manager
City of Glendale, California, Glendale Water & Power
613 E. Broadway, Suite 200
Glendale, California 91206
Re: CPF No. 5-2021-037-NOPV
Dear Mr. Young:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and specifies actions that need to be taken by the City of Glendale, California, Glendale
Water and Power 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 e-mail is effective upon the
date of transmission and acknowledgment of receipt 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
Enclosure
cc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA
Mr. Roubik Golanian, City Manager, Glendale Water & Power,
rgolanian@glendaleca.gov
Mr. Rostamik Chetin, Mechanical Engineer II, Glendale Water & Power,
rchetin@glendaleca.gov
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 )
City of Glendale, California, )
Glendale Water & Power, ) CPF No. 5-2021-037-NOPV
)
)
)
Respondent. )
__________________________________________)
FINAL ORDER
From April 27, 2021 through April 29, 2021, a representative of the California Public Utilities
Commission, on behalf of the Pipeline and Hazardous Materials Safety Administration
(PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected the City of
Glendale, California, Glendale Water and Power’s (Glendale or Respondent) records for its
Scholl Landfill Gas Pipeline. Glendale operates a 5.5-mile natural gas transmission pipeline.1
As a result of the inspection, the Director, Western Region, OPS (Director), issued to
Respondent, by letter dated September 17, 2021, a Notice of Probable Violation and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that Glendale had violated 49 C.F.R. §§ 192.603(b), 192.616(a), and 192.807 and
proposed ordering Respondent to take certain measures to correct the alleged violations. The
Notice also included one warning item pursuant to 49 C.F.R. § 190.205, which required no
further action, but warned the operator to correct the probable violation or face possible future
enforcement action
Glendale responded to the Notice by letter dated October 13, 2021 (Response). Glendale did not
contest the allegations of violation. In its Response, Glendale provided additional information,
and requested modifications of the Proposed Compliance Order (PCO). Respondent did not
request a hearing and therefore has waived its right to one.
FINDINGS OF VIOLATION
The Notice alleged that Respondent violated 49 C.F.R. Part 192, as follows:
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.603(b), which states:
1 Pipeline Safety Violation Report (Violation Report), (September 17, 2021) (on file with PHMSA), at 1.



CPF No. 5-2021-037-NOPV
Page 2
§ 192.603 General provisions.
(a) . . . .
(b) Each operator shall keep records necessary to administer the
procedures established under § 192.605.
The Notice alleged that Respondent violated 49 C.F.R. § 192.603(b) by failing to keep records
necessary to administer the procedures established under § 192.605. Specifically, the Notice
alleged that Glendale failed to conduct an evaluation of its Public Awareness Program, as
required by its Operations & Maintenance Procedures, Procedure #18.01: Public Awareness
(Revised: September 2018).2 During the inspection, Glendale was unable to provide records
establishing that it had conducted the requisite evaluation.
Respondent did not contest this allegation of violation. Accordingly, after considering the
evidence, I find that Respondent violated 49 C.F.R. § 192.603(b) by failing to keep records
necessary to administer the procedures established under § 192.605.
Item 3: The Notice alleged that Respondent violated 49 C.F.R. § 192.616(a), which states:
§ 192.616 Public awareness.
(a) Except for an operator of a master meter or petroleum gas system
covered under paragraph (j) of this section, each pipeline operator must
develop and implement a written continuing public education program that
follows the guidance provided in the American Petroleum Institute’s (API)
Recommended Practice (RP) 1162 (incorporated by reference, see § 192.7).
The Notice alleged that Respondent violated 49 C.F.R. § 192.616(a) by failing to implement a
written continuing public education program that follows the guidance provided in API RP 1162.
Specifically, the Notice alleged that Glendale failed to distribute public awareness brochures to
stakeholders pursuant to API RP 1162 Section 5, and as required by Glendale’s Operations &
Maintenance Procedures, Procedure #18.01: Public Awareness (Revised: September 2018).
Respondent did not contest this allegation. Accordingly, after considering the evidence, I find
that Respondent violated 49 C.F.R. § 192.616(a) by failing to implement a written continuing
public education program that follows the guidance provided in API RP 1162.
Item 4: The Notice alleged that Respondent violated 49 C.F.R. § 192.807, which states:
§ 192.807 Recordkeeping.
Each operator shall maintain records that demonstrate compliance with
this subpart.
The Notice alleged that Respondent violated 49 C.F.R. § 192.807 by failing to maintain records
2 See API RP 1162, Section 8 (providing guidance to operators on how to periodically evaluate their Public
Awareness Programs) (incorporated by reference, see §§ 192.7(b)(5) and 192.616). Further, Respondent’s
Operations & Maintenance Procedures were established under § 192.605.



CPF No. 5-2021-037-NOPV
Page 3
that demonstrate compliance with Part 192, Subpart N – Qualification of Pipeline Personnel.
Specifically, the Notice alleged that during the inspection Glendale was unable to produce
records indicating the qualification of individuals who perform locate and mark activities, as
required by § 192.805 of Subpart N.
Respondent did not contest this allegation. Accordingly, after considering the evidence, I find
that Respondent violated 49 C.F.R. § 192.807 by failing to maintain records that demonstrate
compliance with Part 192, Subpart N – Qualification of Pipeline Personnel.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Items 2, 3, and 4 in the Notice for
violations of 49 C.F.R. §§ 192.603(b), 192.616(a), and 192.807, respectively. Under 49 U.S.C.
§ 60118(a), each person who engages in the transportation of gas or who owns or operates a
pipeline facility is required to comply with the applicable safety standards established under
chapter 601.
With regard to the violation of § 192.603(b) (Item 2), Respondent requested the compliance
terms be modified. The proposed compliance order (PCO) for Item 2 stated that “Glendale must
conduct and submit the required Public Awareness Program Effectiveness evaluation to PHMSA
within 180 days of issuance of the Final Order.” Glendale requested an extension of the
compliance deadline until after it receives feedback on the public awareness education materials
it sent to the public, appropriate government organizations, and persons engaged in excavation-
related activities (mailers). Glendale contended that it cannot complete an effectiveness
evaluation until after it receives four years’ worth of feedback on these mailers.
After evaluating Glendale’s response, I do not agree that the requested extension of the
compliance deadline is warranted. Notably, Glendale does not provide a date by which it will
receive the feedback, or how much additional time it will need after it receives the feedback to
conduct its effectiveness evaluation. I am unable to grant an open-ended extension. Glendale
may use what it has already collected from previous mailers to complete an effectiveness
evaluation. Further, nothing in this decision precludes the Director from granting an extension of
time to comply upon a written request timely submitted by the Respondent demonstrating good
cause for an extension.
Glendale also requested modification to the PCO to note that if the pipeline is abandoned prior to
the compliance deadline, then the company will not need to complete the PCO for Items 2, 3, and
4. I agree with the second proposed modification to the PCO. The following sentence will be
added to the Compliance Order for Items 2, 3, and 4: “If Glendale chooses to abandon the
pipeline prior to the compliance deadline and submits documentation to the Director evidencing
that it has completed abandonment pursuant to 49 C.F.R. § 192.727, it does not need to take the
actions in this section.”



CPF No. 5-2021-037-NOPV
Page 4
For the above reasons, the Compliance Order is modified as set forth below.
Pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is
ordered to take the following actions to ensure compliance with the pipeline safety regulations
applicable to its operations:
1. With respect to the violation of § 192.603(b) (Item 2), Respondent must:
A. Conduct and submit the required Public Awareness Program Effectiveness
evaluation to PHMSA within 180 days of issuance of the Final Order. If
Glendale chooses to abandon the pipeline prior to the compliance deadline
and submits documentation to the Director evidencing that it has
completed abandonment pursuant to 49 C.F.R. § 192.727, it does not need
to take the actions in this section.
2. With respect to the violation of § 192.616(a) (Item 3), Respondent must:
B. Distribute the Public Awareness messages to the affected stakeholder
groups and provide proof of distribution to PHMSA within 60 days of
issuance of the Final Order. If Glendale chooses to abandon the pipeline
prior to the compliance deadline and submits documentation to the
Director evidencing that it has completed abandonment pursuant to 49
C.F.R. § 192.727, it does not need to take the actions in this section.
3. With respect to the violation of § 192.807 (Item 4), Respondent must:
C. Train and qualify the individuals who locate and mark the pipeline and
provide those records for inspection to PHMSA within 30 days of issuance
of the Final Order. If Glendale chooses to abandon the pipeline prior to
the compliance deadline and submits documentation to the Director
evidencing that it has completed abandonment pursuant to 49 C.F.R.
§ 192.727, it does not need to take the actions in this section.
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.
PHMSA requests that Respondent maintain documentation of the safety improvement costs
associated with fulfilling this Compliance Order and submit the total to the Director. It is
requested that these costs be reported in two categories: (1) total cost associated with
preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with
replacements, additions and other changes to pipeline infrastructure.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $200,000, as adjusted for inflation (see 49 C.F.R. § 190.223), for each violation for
each day the violation continues or in referral to the Attorney General for appropriate relief in a
district court of the United States.



CPF No. 5-2021-037-NOPV
Page 5
WARNING ITEM
With respect to Item 1, the Notice alleged a probable violation of Part 192, but identified it as a
warning item pursuant to § 190.205. The warning was for:
49 C.F.R. § 192.605(a) (Item 1) ─ Respondent’s alleged failure to review and
update its manual of written procedures at intervals not exceeding 15 months, but
at least once each calendar year.
If OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject
to future enforcement action.
Under 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final
Order to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey
Avenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of
Chief Counsel, PHMSA, at the same address. The written petition must be received no later than
20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a
statement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.243. The terms of
the order, including corrective action, remain in effect unless the Associate Administrator, upon
request, grants a stay.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
February 28, 2022
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety

52021037NOPV_Closure Letter_04122022_(21-201448)_text.pdf

VIA E-MAIL TO MR. ROUBIK GOLANIAN
April 12, 2022
Mr. Roubik Golanian
City Manager
City of Glendale, Glendale Water & Power
613 E. Broadway, Room 200
Glendale, CA 91206-4391
CPF 5-2021-037-NOPV
Closure Letter
Dear Mr. Golanian:
On February 28, 2022, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to
the City of Glendale (Glendale) a Final Order in the above-referenced case. This Order included a
Compliance Order, which noted that, if Glendale chose to abandon its pipeline, the terms of the
Compliance Order would not need to be met. On March 16, 2022, Glendale confirmed that its gas
transmission pipeline had been abandoned and submitted photographic documentation of the
abandonment. Based on our review of the documentation Glendale provided, it has been determined that
Glendale has abandoned its pipeline and therefore, complied with the terms of this Order.
Accordingly, this case is now closed and no further action is contemplated with respect to the matters
involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Dustin Hubbard
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 J. Dunphy (#21-201448)
Terrence Eng, Program Manager, Gas Safety and Reliability Branch, California Public
Utilities Commission
Mark Young, General Manager, Glendale Water & Power, myoung@glendaleca.gov
Mr. Rostamik Chetin, Mechanical Engineer II, Glendale Water & Power, rchetin@glendaleca.gov
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