{"operation":"document","citation":"CPF 52022009NOA","title":"CPN PIPELINE COMPANY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-07-18","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(12), 192.605(b)(8).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022009noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022009noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52022009noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52022009NOA","body":"Notice of Amendment involving CPN PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulations as 192.605(b)(12),  192.605(b)(8). The case was opened on 2022-07-18 and is reported as closed as of 2022-09-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52022009NOA_Closure Letter_09272022_(21-201438).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022009NOA/52022009NOA_Closure%20Letter_09272022_(21-201438).pdf\n\n52022009NOA_Closure Letter_09272022_(21-201438)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022009NOA/52022009NOA_Closure%20Letter_09272022_(21-201438)_text.pdf\n\n52022009NOA_Notice of Amendment_07182022_(21-201438).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022009NOA/52022009NOA_Notice%20of%20Amendment_07182022_(21-201438).pdf\n\n52022009NOA_Notice of Amendment_07182022_(21-201438)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022009NOA/52022009NOA_Notice%20of%20Amendment_07182022_(21-201438)_text.pdf\n\n52022009NOA_Operator Response to Notice_08172022_(21-201438).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52022009NOA/52022009NOA_Operator%20Response%20to%20Notice_08172022_(21-201438).pdf\n\n52022009NOA_Closure Letter_09272022_(21-201438)_text.pdf\n\nVIA E-MAIL TO MR. CHARLES GATES\nSeptember 27, 2022\nMr. Charles Gates\nExecutive VP of Power Operations\nCalpine Company\n717 Texas Avenue, Suite 1000\nHouston, TX 77002\nCPF 5-2022-009-NOA\nClosure Letter\nDear Mr. Gates:\nFrom November 15 through 17, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected CPN Pipeline\nCompany’s (CPN) written procedures for control room management in Houston, Texas.1 As a result of\nthe inspection, CPN was issued a Notice of Amendment on July 18, 2022, which proposed amendment of\nyour procedures.\nCPN submitted its amended procedures on August 17, 2022. 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 J. Dunphy (#21-201438)\n1 CPN is a subsidiary of Calpine Company.\n\n52022009NOA_Notice of Amendment_07182022_(21-201438)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. CHARLES GATES\nJuly 18, 2022\nMr. Charles Gates\nExecutive VP of Power Operations\nCalpine Company\n717 Texas Avenue, Suite 1000\nHouston, TX 77002\nCPF 5-2022-009-NOA\nDear Mr. Gates:\nFrom November 15 through 17, 2021, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nCPN Pipeline Company’s (CPN) written procedures for control room management in Houston,\nTexas.1\nOn the basis of the inspection, PHMSA has identified these apparent inadequacies found within\nCPN’s plans or procedures, as described below:\n1. § 192.605 - Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(12) Implementing the applicable control room management procedures required\nby § 192.631.\n1 CPN is a subsidiary of Calpine Company.\n\n\n\nCPN’s procedures are inadequate to assure safe operation of a pipeline facility. Specifically,\nCPN’s Control Room Management Plan (Aug. 2020), Section 3.11.2 Good Practice Guidelines\nfor Work Environment note that consideration should be given to “[a]llow time for\ncommunication at shift handovers.”2 CPN’s procedures, however, fail to establish what should\nbe communicated during shift handovers. Shift change procedures that explain what information\nmust be exchanged between outgoing and incoming controllers promotes alertness and enhances\ncapabilities for effective decision-making. CPN must amend its Control Room Management\nPlan to establish and implement procedures for when a different controller assumes\nresponsibility, including the content of information to be exchanged. The procedures should also\nnote that shift changes are documented in CPN’s Geo SCADA Journal.\n2. § 192.605 - Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) …\n(8) Periodically reviewing the work done by operator personnel to determine the\neffectiveness, and adequacy of the procedures used in normal operation and\nmaintenance and modifying the procedures when deficiencies are found…\nCPN’s procedures are inadequate to assure safe operation of a pipeline facility. Specifically,\nCPN’s manual does not include procedures for periodically reviewing the work done by operator\npersonnel to determine the effectiveness and adequacy of the procedures used in normal\noperation and maintenance and modifying the procedures when deficiencies are found, as\nrequired by §192.605(b)(8). CPN’s Control Room Management Plan (Aug. 2020) Section 3.13\nEffectiveness of Training does not contain adequate metrics to measure fatigue mitigation\nprogram efficacy or a requirement to improve the program if deficiencies are found. Although\nSection 3.13 lists certain metrics, such as reports of increased fatigue and increased use of\nfatigue mitigation tactics, the procedures do not describe how many reports of increased fatigue\nare problematic, or when the use of fatigue mitigation tactics becomes concerning and requires\nadditional action. CPN must amend its procedures to establish data measurement methods for\nthe fatigue management program review, including a requirement to identify deficiencies, and\nmake modifications when deficiencies are found.\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.\n2 See also Section 1.7 Definitions, noting that a controller’s “general activity” includes but is not limited to\n“conducting shift change.”\n2\n\n\n\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\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 CPN maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures)\nand submit the total to Dustin Hubbard, Director, Western Region, Pipeline and Hazardous\nMaterials Safety Administration. In correspondence concerning this matter, please refer to CPF\n5-2022-009-NOA and, for each document you submit, please provide a copy in electronic format\nwhenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: PHP-60 Compliance Registry\nJ. Dunphy (#21-201438)\n3","truncated":false,"body_characters":8816}