{"operation":"document","citation":"CPF 52021039NOA","title":"PALO ALTO, CITY OF — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-07-16","effective_on":null,"summary":"CLOSED notice of amendment citing 192.614(a), 192.614(b), 192.614(c)(1), 192.614(c)(2), 192.614(c)(3), 192.614(c)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021039noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021039noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021039noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021039NOA","body":"Notice of Amendment involving PALO ALTO, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.614(a),  192.614(b),  192.614(c)(1),  192.614(c)(2),  192.614(c)(3),  192.614(c)(4). The case was opened on 2021-07-16 and is reported as closed as of 2021-10-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021039NOA_Closure Letter_10272021_(20-173117).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021039NOA/52021039NOA_Closure%20Letter_10272021_(20-173117).pdf\n\n52021039NOA_Closure Letter_10272021_(20-173117)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021039NOA/52021039NOA_Closure%20Letter_10272021_(20-173117)_text.pdf\n\n52021039NOA_Notice of Amendment_07162021_(20-173117).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021039NOA/52021039NOA_Notice%20of%20Amendment_07162021_(20-173117).pdf\n\n52021039NOA_Notice of Amendment_07162021_(20-173117)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021039NOA/52021039NOA_Notice%20of%20Amendment_07162021_(20-173117)_text.pdf\n\n52021039NOA_Operator Response to Notice_09082021_(20-173117).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021039NOA/52021039NOA_Operator%20Response%20to%20Notice_09082021_(20-173117).pdf\n\n52021039NOA_Closure Letter_10272021_(20-173117)_text.pdf\n\nVIA E-MAIL TO MR. ED SHIKADA\nOctober 27, 2021\nMr. Ed Shikada\nAssistant City Manager\nCity of Palo Alto\n250 Hamilton Avenue\nPalo Alto, CA 94301\nCPF 5-2021-039-NOA\nClosure Letter\nDear Mr. Shikada:\nOn November 16 through 17, 2020, a representative of the California Public Utilities Commission\n(CPUC), on behalf of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to\nChapter 601 of 49 United States Code (U.S.C.), inspected the City of Palo Alto (CPA) Utilities natural\ngas distribution system Damage Prevention procedures and records. As a result of the inspection, CPA\nwas issued a Notice of Amendment on July 16, 2021, which proposed amendment of your procedures.\nCPA submitted its amended procedures on September 8, 2021. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\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 J. Dunphy (#20-173117)\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch California Public\nUtilities Commission\n\n52021039NOA_Notice of Amendment_07162021_(20-173117)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. ED SHIKADA\nJuly 16, 2021\nMr. Ed Shikada\nCity Manager\nCity of Palo Alto\n250 Hamilton Avenue\nPalo Alto, CA 94301\nCPF 5-2021-039-NOA\nDear Mr. Shikada:\nOn November 16 through 17, 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 City of Palo\nAlto (CPA) Utilities natural gas distribution system Damage Prevention procedures and records.\nOn the basis of this inspection, PHMSA has identified the apparent inadequacy found within the\nCPA procedures, as described below:\n1. § 192.614 - Damage prevention program.\n(a) Except as provided in paragraphs (d) and (e) of this section, each operator of a\nburied pipeline must carry out, in accordance with this section, a written program to\nprevent damage to that pipeline from excavation activities. For the purposes of this\nsection, the term “excavation activities” includes excavation, blasting, boring, tunneling,\nbackfilling, the removal of aboveground structures by either explosive or mechanical\nmeans, and other earthmoving operations.\n(b) An operator may comply with any of the requirements of paragraph (c) of this\nsection through participation in a public service program, such as a one-call system, but\nsuch participation does not relieve the operator of responsibility for compliance with\nthis section. However, an operator must perform the duties of paragraph (c)(3) of this\nsection through participation in a one-call system, if that one-call system is a qualified\none-call system. In areas that are covered by more than one qualified one-call system,\nan operator need only join one of the qualified one-call systems if there is a central\ntelephone number for excavators to call for excavation activities, or if the one-call\nsystems in those areas communicate with one another. An operator's pipeline system\n\n\n\nmust be covered by a qualified one-call system where there is one in place. For the\npurpose of this section, a one-call system is considered a “qualified one-call system” if it\nmeets the requirements of section (b)(1) or (b)(2) of this section.\n(1) The state has adopted a one-call damage prevention program under §198.37 of this\nchapter; or\n(2) The one-call system:\n(i) Is operated in accordance with §198.39 of this chapter;\n(ii) Provides a pipeline operator an opportunity similar to a voluntary participant to\nhave a part in management responsibilities; and\n(iii) Assesses a participating pipeline operator a fee that is proportionate to the costs of\nthe one-call system's coverage of the operator's pipeline.\n(c) The damage prevention program required by paragraph (a) of this section must, at\na minimum:\n(1) Include the identity, on a current basis, of persons who normally engage in\nexcavation activities in the area in which the pipeline is located.\n(2) Provides for notification of the public in the vicinity of the pipeline and actual\nnotification of the persons identified in paragraph (c)(1) of this section of the following\nas often as needed to make them aware of the damage prevention program:\n(i) The program's existence and purpose; and\n(ii) How to learn the location of underground pipelines before excavation activities are\nbegun.\n(3) Provide a means of receiving and recording notification of planned excavation\nactivities.\n(4) If the operator has buried pipelines in the area of excavation activity, provide for\nactual notification of persons who give notice of their intent to excavate of the type of\ntemporary marking to be provided and how to identify the markings…\nCPA Utilities, Gas Operations’ Operation, Inspection and Maintenance Manual, approved on\nJanuary 23, 2020, Sections 3.4 Damage Prevention and 3.5 Mark and Locate procedures do not:\n1) Include the identity, on a current basis, of persons who normally engage in excavation\nactivities in the area in which the pipeline is located; 2) Provide for the notification of the public\nin the vicinity of the pipeline and actual notification of the persons identified in § 192.614(c)(1);\n3) Provide a means of receiving and recording notification of planned excavation activities; and\n4) Provide for actual notification of persons who give notice of their intent to excavate of the\ntype of temporary marking to be provided and how to identify the markings, if the operator has\nburied pipelines in the area of the excavation activity.\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\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\n2\n\n\n\nU.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that City of Palo Alto maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter,\nplease refer to CPF 5-2021-039-NOA and, for each document you submit, please provide a copy\nin electronic format whenever possible. Please copy the CPUC Program Manager on all\ncorrespondence.\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 J. Dunphy (#20-173117)\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch, California Public\nUtilities Commission\n3","truncated":false,"body_characters":9962}