{"operation":"document","citation":"CPF 52021038WL","title":"CITY OF REDDING — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-07-16","effective_on":null,"summary":"CLOSED warning letter citing 192.603(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021038wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021038wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021038wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021038WL","body":"Warning Letter involving CITY OF REDDING. PHMSA's enforcement data identifies the cited regulation as 192.603(b). The case was opened on 2021-07-16 and is reported as closed as of 2021-07-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021038WL_Warning Letter_07162021_(20-173121).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021038WL/52021038WL_Warning%20Letter_07162021_(20-173121).pdf\n\n52021038WL_Warning Letter_07162021_(20-173121)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021038WL/52021038WL_Warning%20Letter_07162021_(20-173121)_text.pdf\n\n52021038WL_Warning Letter_07162021_(20-173121)_text.pdf\n\nWARNING LETTER\nVIA E-MAIL TO MR. ERIC HALPENNY\nJuly 16, 2021\nMr. Eric Halpenny\nElectric Manager – Power Production\nCity of Redding\n17120 Clear Creek Rd\nRedding, CA 96001\nCPF 5-2021-038-WL\nDear Mr. Halpenny:\nFrom November 19 through 20, 2020, a representative of the California Public Utilities\nCommission (CPUC), on behalf of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected the Redding\nElectric Utilities (REU) Natural Operations and Maintenance Manual procedures.\nAs a result of the inspection, it is alleged that REU has committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The probable\nviolation is:\n1. §192.603 General provisions.\n(a) …\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under §192.605.\nDuring the records review on November 20, 2020, REU was unable to provide records of one-\ncall system notification showing Damage Prevention Program procedures were being followed.\n1\n\n\n\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a\nrelated series of violations. For violation occurring on or after January 11, 2021 and before May\n3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violation occurring on or after November 27, 2018 and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nCity of Redding being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2021-038-WL. Please copy the CPUC Program Manager on all correspondence. 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).\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#20-173121)\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch, California Public\nUtilities Commission\n2","truncated":false,"body_characters":4226}