# CITY OF REDDING — Warning Letter

- **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:** Not available
- **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.

Official case documents:

52021038WL_Warning Letter_07162021_(20-173121).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021038WL/52021038WL_Warning%20Letter_07162021_(20-173121).pdf

52021038WL_Warning Letter_07162021_(20-173121)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021038WL/52021038WL_Warning%20Letter_07162021_(20-173121)_text.pdf

52021038WL_Warning Letter_07162021_(20-173121)_text.pdf

WARNING LETTER
VIA E-MAIL TO MR. ERIC HALPENNY
July 16, 2021
Mr. Eric Halpenny
Electric Manager – Power Production
City of Redding
17120 Clear Creek Rd
Redding, CA 96001
CPF 5-2021-038-WL
Dear Mr. Halpenny:
From November 19 through 20, 2020, a representative of the California Public Utilities
Commission (CPUC), 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 Redding
Electric Utilities (REU) Natural Operations and Maintenance Manual procedures.
As a result of the inspection, it is alleged that REU has committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The probable
violation is:
1. §192.603 General provisions.
(a) …
(b) Each operator shall keep records necessary to administer the procedures
established under §192.605.
During the records review on November 20, 2020, REU was unable to provide records of one-
call system notification showing Damage Prevention Program procedures were being followed.
1



Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a
related series of violations. For violation occurring on or after January 11, 2021 and before May
3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation
persists, up to a maximum of $2,225,034 for a related series of violations. For violation
occurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not
exceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for
a related series of violations. For violation occurring on or after November 27, 2018 and before
July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a
maximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,
2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per
violation per day, with a maximum penalty not to exceed $2,090,022.
We have reviewed the circumstances and supporting documents involved in this case, and have
decided not to conduct additional enforcement action or penalty assessment proceedings at this
time. We advise you to correct the items identified in this letter. Failure to do so will result in
City of Redding being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 5-2021-038-WL. Please copy the CPUC Program Manager on all correspondence. Be
advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies for
confidential treatment under 5 U.S.C. 552(b), along with the complete original document you
must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted information
qualifies for confidential treatment under 5 U.S.C. 552(b).
Sincerely,
Dustin Hubbard
Director, Western Region, Office of Pipeline Safety
Pipeline and Hazardous Materials Safety Administration
cc: PHP-60 Compliance Registry
PHP-500 J. Dunphy (#20-173121)
Terrence Eng, Program Manager, Gas Safety and Reliability Branch, California Public
Utilities Commission
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