# NORTH SLOPE BOROUGH ENERGY MANAGEMENT — Notice of Probable Violation - **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:** Not available - **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. Official case documents: 52023039NOPV_Closure Letter_11182024_(22-254201).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023039NOPV/52023039NOPV_Closure%20Letter_11182024_(22-254201).pdf 52023039NOPV_Closure Letter_11182024_(22-254201)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023039NOPV/52023039NOPV_Closure%20Letter_11182024_(22-254201)_text.pdf 52023039NOPV_Final Order_01112024_(22-254201).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023039NOPV/52023039NOPV_Final%20Order_01112024_(22-254201).pdf 52023039NOPV_Final Order_01112024_(22-254201)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023039NOPV/52023039NOPV_Final%20Order_01112024_(22-254201)_text.pdf 52023039NOPV_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 52023039NOPV_PCO_11022023_(22-254201).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023039NOPV/52023039NOPV_PCO_11022023_(22-254201).pdf 52023039NOPV_PCO_11022023_(22-254201)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023039NOPV/52023039NOPV_PCO_11022023_(22-254201)_text.pdf 52023039NOPV_Final Order_01112024_(22-254201)_text.pdf January 11, 2024 VIA ELECTRONIC MAIL TO: josiah.patkotak@north-slope.org The Honorable Josiah Patkotak Mayor of the North Slope Borough P.O. Box 69 Utqiagvik, Alaska 99723 Re: CPF No. 5-2023-039-NOPV Dear Mr. Patkotak: Enclosed please find the Final Order issued in the above-referenced case. It makes findings of violation and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Western Region, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA Mr. Scott K. Danner, Director, Department of Public Works, North Slope Borough, scott.danner@north-slope.org Mr. James Aiken, Deputy Director, Department of Public Works, North Slope Borough, james.aiken@north-slope.org Ms. Joanne Simmonds, Assistant to the Mayor, North Slope Borough, joanne.simmonds@north-slope.org Mr. Roy Martinez, Gas Distribution Manager, Nuiqsut Utility Cooperative, NSBmanager@nucmail.com CONFIRMATION OF RECEIPT REQUESTED U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) North Slope Borough, ) CPF No. 5-2023-039-NOPV a municipal corporation, ) ) ) ) Respondent. ) ____________________________________) FINAL ORDER On November 2, 2023, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed Compliance Order (Notice) to North Slope Borough Energy Management (Respondent (North Slope Borough, a municipal corporation)). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 192. The Notice also proposed certain measures to correct the violations. Respondent did not contest the allegations of violation or corrective measures. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 192.605(a) (Item 1) ─ Respondent failed to follow its procedures when it significantly altered the pipeline monitoring system without prior notification to field personnel (contractors), Nuiqsut Utility Cooperative; 49 C.F.R. § 192.605(a) (Item 2) ─ Respondent failed to review and update its operations and maintenance manuals at intervals not exceeding 15 months, but at least once each calendar year; 49 C.F.R. § 192.605(b)(8) (Item 3) ─ Respondent failed to complete periodic effectiveness reviews by failing to modify its procedures when deficiencies were found; 49 C.F.R. § 192.615(a)(4) (Item 4) ─ Respondent failed to ensure the availability of personnel, equipment, tools, and materials, as needed, at the scene of an emergency; 49 C.F.R. § 192.625(f) (Item 5) ─ Respondent failed to adequately conduct and record periodic sampling of combustible gases for odorization; 49 C.F.R. § 192.805 (Item 7) ─ Respondent failed to follow its written qualification program when the review and revision log within its Operator Qualification Plan manual had no documented revisions since 2019; and 49 C.F.R. § 192.1007(f) (Item 8) ─ Respondent failed to conduct a complete program re-evaluation at least every five years as required. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. Compliance Actions Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violations. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of the ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States. Warning Item With respect to Item 6, the Notice alleged probable violation of 49 C.F.R. § 192.739(a), but did not propose a civil penalty or compliance order for this item. Therefore, this is considered to be a warning item. If OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. January 11, 2024 __________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety 52023039NOPV_Closure Letter_11182024_(22-254201)_text.pdf VIA ELECTRONIC MAIL TO: josiah.patkotak@north-slope.org November 18, 2024 The Honorable Josiah Patkotak Mayor of the North Slope Borough P.O. Box 69 Utqiagvik, Alaska 99723 CPF 5-2023-039-NOPV Closure Letter Dear Mr. Patkotak: On January 11, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to North Slope Borough (NSB) a Final Order in the above-referenced case. This Order included a Compliance Order and requirements to take corrective actions on your pipeline. Based on our review of the documentation you provided, it has been determined that you have complied with the terms of this Order. Item 1: PHMSA has reviewed documentation received on February 20, 2024, regarding the Nuiqsut Natural Gas Pipeline Monitoring System, item 1 of the NOPV and item A of the Compliance Order. The documentation was satisfactory, therefore, item 1 of the Final Order is now considered closed. Item 2: PHMSA has reviewed documentation received on April 10, 2024, regarding the Nuiqsut Natural Gas Pipeline Operations & Maintenance manual and Pipeline Specific Operations & Maintenance manual, item 2 of the NOPV and item B of the Compliance Order. The documentation was satisfactory, therefore, item 2 of the Final Order is now considered closed. Item 3 PHMSA has reviewed documentation received on July 24, 2024, regarding the periodic review of the effectiveness and adequacy of the Nuiqsut Natural Gas Pipeline Operations & Maintenance manual and Pipeline Specific Operations & Maintenance manual, item 3 of the NOPV and item C of the Compliance Order. PHMSA also received documentation reviewed on November 12, 2024, demonstrating the inclusion of the lessons learned and other insights specifically noted in the violation report of the NOPV. The documentation was satisfactory, therefore, item 3 of the Final Order is now considered closed. Item 4: PHMSA has reviewed documentation received on April 10, 2024, regarding the Nuiqsut Natural Gas Pipeline Equipment for Emergency Response, item 4 of the NOPV and item D of the Compliance Order. The documentation was satisfactory, therefore, item 4 of the Final Order is now considered closed, no further action is required. Item 5: PHMSA has reviewed the documentation received on November 12, 2024, regarding the odorant testing, item 5 of the NOPV and item E of the Compliance Order. The documentation was satisfactory, therefore, item 5 of the Final Order is now considered closed, no further action is required. Item 6: This was a Warning item and Warning items are not adjudicated. Item 7: PHMSA has reviewed documentation received on July 24, 2024, regarding the OQ manual. NSB appears to have reviewed the OQ manual as stated in the compliance order. Therefore, item 7 of the Final Order is now considered closed, no further action is required. Item 8: PHMSA has reviewed documentation received on July 24, 2024, regarding the DIMP manual. NSB appears to have reviewed the DIMP manual as stated in the compliance order. Therefore, item 8 of the Final Order is now considered closed, no further action is required. Accordingly, this case is now closed and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, Dustin Hubbard Director, Western Region Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry PHP-500 M. Yeager (#22-254201) Roy Martinez, Nuiqsut Gas Distribution Manager, NSBmanager@nucmail.com Joanne Simmonds, Assistant to the Mayor, joanne.simmonds@north-slope.org Charlie Risley, NSB Gas Field Manager, charlie.risley@north-slope.org - **truncated:** false - **body characters:** 10586