{"operation":"document","citation":"CPF 52023039NOPV","title":"NORTH SLOPE BOROUGH ENERGY MANAGEMENT — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-11-02","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.1007(f), 192.605(a), 192.605(b)(8), 192.615(a)(4), 192.625(f), 192.739(a), 192.805.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023039nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023039nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023039nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023039NOPV","body":"Notice of Probable Violation involving NORTH SLOPE BOROUGH ENERGY MANAGEMENT. PHMSA's enforcement data identifies the cited regulations as 192.1007(f),  192.605(a),  192.605(b)(8),  192.615(a)(4),  192.625(f),  192.739(a),  192.805. The case was opened on 2023-11-02 and is reported as closed as of 2024-11-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023039NOPV_Closure Letter_11182024_(22-254201).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023039NOPV/52023039NOPV_Closure%20Letter_11182024_(22-254201).pdf\n\n52023039NOPV_Closure Letter_11182024_(22-254201)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023039NOPV/52023039NOPV_Closure%20Letter_11182024_(22-254201)_text.pdf\n\n52023039NOPV_Final Order_01112024_(22-254201).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023039NOPV/52023039NOPV_Final%20Order_01112024_(22-254201).pdf\n\n52023039NOPV_Final Order_01112024_(22-254201)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023039NOPV/52023039NOPV_Final%20Order_01112024_(22-254201)_text.pdf\n\n52023039NOPV_Operator Response to Notice_11302023_(22-254201).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023039NOPV/52023039NOPV_Operator%20Response%20to%20Notice_11302023_(22-254201).pdf\n\n52023039NOPV_PCO_11022023_(22-254201).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023039NOPV/52023039NOPV_PCO_11022023_(22-254201).pdf\n\n52023039NOPV_PCO_11022023_(22-254201)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023039NOPV/52023039NOPV_PCO_11022023_(22-254201)_text.pdf\n\n52023039NOPV_Final Order_01112024_(22-254201)_text.pdf\n\nJanuary 11, 2024\nVIA ELECTRONIC MAIL TO: josiah.patkotak@north-slope.org\nThe Honorable Josiah Patkotak\nMayor of the North Slope Borough\nP.O. Box 69\nUtqiagvik, Alaska 99723\nRe: CPF No. 5-2023-039-NOPV\nDear Mr. Patkotak:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken to comply with the pipeline safety\nregulations. When the terms of the compliance order are completed, as determined by the\nDirector, Western Region, this enforcement action will be closed. Service of the Final Order by\ne-mail is effective upon the date of transmission and acknowledgement of receipt as provided\nunder 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\ncc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nMr. Scott K. Danner, Director, Department of Public Works, North Slope Borough,\nscott.danner@north-slope.org\nMr. James Aiken, Deputy Director, Department of Public Works, North Slope Borough,\njames.aiken@north-slope.org\n\n\n\n\n\n\n\nMs. Joanne Simmonds, Assistant to the Mayor, North Slope Borough,\njoanne.simmonds@north-slope.org\nMr. Roy Martinez, Gas Distribution Manager, Nuiqsut Utility Cooperative,\nNSBmanager@nucmail.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\n\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nNorth Slope Borough, ) CPF No. 5-2023-039-NOPV\na municipal corporation, )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn November 2, 2023, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office of\nPipeline Safety (OPS), issued a Notice of Probable Violation and Proposed Compliance Order\n(Notice) to North Slope Borough Energy Management (Respondent (North Slope Borough, a\nmunicipal corporation)). The Notice proposed finding that Respondent had violated the pipeline\nsafety regulations in 49 C.F.R. Part 192. The Notice also proposed certain measures to correct\nthe violations. Respondent did not contest the allegations of violation or corrective measures.\nBased upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the\npipeline safety regulations listed below, as more fully described in the enclosed Notice, which is\nincorporated by reference:\n49 C.F.R. § 192.605(a) (Item 1) ─ Respondent failed to follow its procedures\nwhen it significantly altered the pipeline monitoring system without prior\nnotification to field personnel (contractors), Nuiqsut Utility Cooperative;\n49 C.F.R. § 192.605(a) (Item 2) ─ Respondent failed to review and update its\noperations and maintenance manuals at intervals not exceeding 15 months, but at\nleast once each calendar year;\n49 C.F.R. § 192.605(b)(8) (Item 3) ─ Respondent failed to complete periodic\neffectiveness reviews by failing to modify its procedures when deficiencies were\nfound;\n49 C.F.R. § 192.615(a)(4) (Item 4) ─ Respondent failed to ensure the availability\nof personnel, equipment, tools, and materials, as needed, at the scene of an\nemergency;\n\n\n\n49 C.F.R. § 192.625(f) (Item 5) ─ Respondent failed to adequately conduct and\nrecord periodic sampling of combustible gases for odorization;\n49 C.F.R. § 192.805 (Item 7) ─ Respondent failed to follow its written\nqualification program when the review and revision log within its Operator\nQualification Plan manual had no documented revisions since 2019; and\n49 C.F.R. § 192.1007(f) (Item 8) ─ Respondent failed to conduct a complete\nprogram re-evaluation at least every five years as required.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCompliance Actions\nPursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the\nactions proposed in the enclosed Notice to correct the violations. The Director may grant an\nextension of time to comply with any of the required items upon a written request timely\nsubmitted by the Respondent and demonstrating good cause for an extension. Upon completion\nof the ordered actions, Respondent may request that the Director close the case. Failure to\ncomply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223\nor in referral to the Attorney General for appropriate relief in a district court of the United States.\nWarning Item\nWith respect to Item 6, the Notice alleged probable violation of 49 C.F.R. § 192.739(a), but did\nnot propose a civil penalty or compliance order for this item. Therefore, this is considered to be\na warning item. If OPS finds a violation of this provision in a subsequent inspection,\nRespondent may be subject to future enforcement action.\nThe terms and conditions of this order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\nJanuary 11, 2024\n__________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n52023039NOPV_Closure Letter_11182024_(22-254201)_text.pdf\n\nVIA ELECTRONIC MAIL TO: josiah.patkotak@north-slope.org\nNovember 18, 2024\nThe Honorable Josiah Patkotak\nMayor of the North Slope Borough\nP.O. Box 69\nUtqiagvik, Alaska 99723\nCPF 5-2023-039-NOPV\nClosure Letter\nDear Mr. Patkotak:\nOn January 11, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to North Slope Borough (NSB) a Final Order in the above-referenced case. This Order\nincluded a Compliance Order and requirements to take corrective actions on your pipeline.\nBased on our review of the documentation you provided, it has been determined that you have\ncomplied with the terms of this Order.\nItem 1:\nPHMSA has reviewed documentation received on February 20, 2024, regarding the Nuiqsut\nNatural Gas Pipeline Monitoring System, item 1 of the NOPV and item A of the Compliance\nOrder. The documentation was satisfactory, therefore, item 1 of the Final Order is now\nconsidered closed.\nItem 2:\nPHMSA has reviewed documentation received on April 10, 2024, regarding the Nuiqsut Natural\nGas Pipeline Operations & Maintenance manual and Pipeline Specific Operations &\nMaintenance manual, item 2 of the NOPV and item B of the Compliance Order. The\ndocumentation was satisfactory, therefore, item 2 of the Final Order is now considered closed.\nItem 3\nPHMSA has reviewed documentation received on July 24, 2024, regarding the periodic review\nof the effectiveness and adequacy of the Nuiqsut Natural Gas Pipeline Operations &\nMaintenance manual and Pipeline Specific Operations & Maintenance manual, item 3 of the\n\n\n\nNOPV and item C of the Compliance Order. PHMSA also received documentation reviewed on\nNovember 12, 2024, demonstrating the inclusion of the lessons learned and other insights\nspecifically noted in the violation report of the NOPV. The documentation was satisfactory,\ntherefore, item 3 of the Final Order is now considered closed.\nItem 4:\nPHMSA has reviewed documentation received on April 10, 2024, regarding the Nuiqsut Natural\nGas Pipeline Equipment for Emergency Response, item 4 of the NOPV and item D of the\nCompliance Order. The documentation was satisfactory, therefore, item 4 of the Final Order is\nnow considered closed, no further action is required.\nItem 5:\nPHMSA has reviewed the documentation received on November 12, 2024, regarding the odorant\ntesting, item 5 of the NOPV and item E of the Compliance Order. The documentation was\nsatisfactory, therefore, item 5 of the Final Order is now considered closed, no further action is\nrequired.\nItem 6:\nThis was a Warning item and Warning items are not adjudicated.\nItem 7:\nPHMSA has reviewed documentation received on July 24, 2024, regarding the OQ manual. NSB\nappears to have reviewed the OQ manual as stated in the compliance order. Therefore, item 7 of\nthe Final Order is now considered closed, no further action is required.\nItem 8:\nPHMSA has reviewed documentation received on July 24, 2024, regarding the DIMP manual.\nNSB appears to have reviewed the DIMP manual as stated in the compliance order. Therefore,\nitem 8 of the Final Order is now considered closed, no further action is required.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 M. Yeager (#22-254201)\nRoy Martinez, Nuiqsut Gas Distribution Manager, NSBmanager@nucmail.com\nJoanne Simmonds, Assistant to the Mayor, joanne.simmonds@north-slope.org\nCharlie Risley, NSB Gas Field Manager, charlie.risley@north-slope.org","truncated":false,"body_characters":10586}