{"operation":"document","citation":"CPF 52023045NOA","title":"BARROW UTILITIES & ELECTRIC CORP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-12-27","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(2), 192.614(b)(2)(i), 192.614(c)(1), 192.756.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023045noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023045noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023045noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023045NOA","body":"Notice of Amendment involving BARROW UTILITIES & ELECTRIC CORP. PHMSA's enforcement data identifies the cited regulations as 192.605(b)(2),  192.614(b)(2)(i),  192.614(c)(1),  192.756. The case was opened on 2023-12-27 and is reported as closed as of 2025-03-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023045NOA_Closure Letter_03242025_(22-257275).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023045NOA/52023045NOA_Closure%20Letter_03242025_(22-257275).pdf\n\n52023045NOA_Closure Letter_03242025_(22-257275)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023045NOA/52023045NOA_Closure%20Letter_03242025_(22-257275)_text.pdf\n\n52023045NOA_Notice of Amendment_12272023_(22-257275).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023045NOA/52023045NOA_Notice%20of%20Amendment_12272023_(22-257275).pdf\n\n52023045NOA_Notice of Amendment_12272023_(22-257275)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023045NOA/52023045NOA_Notice%20of%20Amendment_12272023_(22-257275)_text.pdf\n\n52023045NOA_Operator Response to Notice and Request Time Extension_02252024_(22-257275).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023045NOA/52023045NOA_Operator%20Response%20to%20Notice%20and%20Request%20Time%20Extension_02252024_(22-257275).pdf\n\n52023045NOA_Notice of Amendment_12272023_(22-257275)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: timothy.russell@bueci.org\nDecember 27, 2023\nMr. Timothy Russell\nGeneral Manager\nBarrow Utilities and Electric Cooperative, Inc.\nP.O. Box 449\nBarrow, AK 99723\nCPF 5-2023-045-NOA\nDear Mr. Russell:\nFrom November 16 through November 18, 2022, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected Barrow Utilities and Electric Cooperative Inc’s (BUECI), procedures for\nMaintenance and Operations in Utqiagvik (Barrow), Alaska.\nAs a result of the inspection, PHMSA has identified the apparent inadequacies found within\nBUECI’s plans or procedures. The items inspected and the apparent inadequacies are described\nbelow:\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(1) . . . .\n(2) Controlling corrosion in accordance with the operations and maintenance\nrequirements of subpart I of this part.\n\n\n\nBUECI failed to provide an adequate procedure outlining its process to complete annual\nmonitoring of its cathodic protection system as is required by § 192.605. BUECI provided the\nBUECI Natural Gas System Procedural Manual Operations, Maintenance, and Emergencies\n(O&M manual) (Exhibit A-1) with Section 10.3.1.3 Pipe-to-Soil Potential Procedure, Section\n10.5 Annual Cathodic Check and Road Crossing Check, and Section 10.7 External Corrosion\nControl: Monitoring that outlined the requirement for cathodic protection monitoring, however,\nthe procedure stated multiple conflicting frequencies of cathodic protection monitoring, and\nrequired the surveys to be recorded on forms that are not being used in practice.\nBUECI’s O&M manual Section 10.5 stated:\n“…. BUECI tests each pipeline under CP at least once each calendar year, but at intervals\nnot exceeding 15 months.\nBUECI performs annual cathodic checks and road crossing checks using the following\nsteps:\n1). In the older section of town, check all steel road crossings annually.\n2). In the minimum 20% of the distribution system checked each year, check every valve\nstation, service riser, and blowdown...\n4)….\na) All documents are placed in a binder identified by routes.\nb) Minimum 20% survey, including service risers, goes into the binder.\nc) Valve station inspections are recorded on Form G05.\nd) Blowdown inspections are recorded on Form G06.”\nBUECI’s O&M Manual stated in Section 10.3.1.3:\n\"1) ….\n6) Record the measured pipe-to-soil potential as the pipe potential with respect to the\nreference electrode on Form G06 – Annual Distribution System Blowdown Inspection,\nForm G11 – External Corrosion Control Monitoring, or cathodic survey by routes on the\nsystem map for the minimum of 10% (but typically 20%) of service area surveyed.\n7) Record the measured pipe-to-soil potentials annually. Records are retained in the\nfiling room.”\nBUECI’s O&M Manual stated in Section 10.7:\n“1)….\n2) … BUECI tests the following:\na) Steel pipeline in excess of 100 ft under CP at least once each calendar year, but with\nintervals not exceeding 15 months\nb) Valve station risers, service risers, or sections of mains or services less than 100 ft in\nlength, under CP, by a sampling procedure.\n3) Survey at least 10% of these pipelines each calendar year with a different 10%\nchecked each subsequent year so that the entire system is tested in each 10-year period.\nThese sections of buried steel pipelines and valve risers are normally tested during the\nannual valve survey and recorded on Form G05. Any deficiencies indicated by this\nmonitoring shall receive prompt remedial action.\n4) Record inspections for external corrosion on Form G11 (as shown in Section 10.10 for\nretention procedures).”\n\n\n\nThis procedure failed to adequately outline the scope and frequency of the cathodic protection\ntesting of their system. The procedure stated conflicting cathodic protection testing frequencies.\nSection 192.465 requires corrosion control monitoring to be completed annually not to exceed 15\nmonths, with an allowed exception if tests at those intervals are impractical for separately\nprotected short sections of mains, not in excess of 100 feet, or separately protected service lines.\nIf using the exception, short segments or separately protected services lines may be surveyed on\na sampling basis, and at least 10 percent of these protected structures, distributed over the entire\nsystem must be surveyed each calendar year, with a different 10 percent checked each\nsubsequent year, so that the entire system is tested in each 10–year period. BUECI’s procedure\ndid not clarify if the exception is applicable to their system, and if so, which segments of their\nsystem qualified for the exception and which segments of their system required annual cathodic\nprotection monitoring. Additionally, in review of records, it was determined that pipe-to-soil\npotential readings were not recorded on form G-06 Annual Distribution System Blowdown\nInspection Report and G-05 Annual Distribution System Valve Insp/External Corrosion as the\nprocedure required.\nBUECI needs to edit its procedures to clearly outline the scope and schedule of the cathodic\nprotection measurements and how to document readings to meet the requirements of the\nregulation.\n2. § 192.614 Damage prevention program.\n(a) . . . .\n(c) The damage prevention program required by paragraph (a) of this section must,\nat a 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.\nBUECI failed to provide a procedure outlining how persons normally engaging in local\nexcavation activities were identified as is required by § 192.614. BUECI participates in a local\ncommunity one-call system. The O&M Manual (Exhibit A-1) Section 11.7 included a list of\nlocal contractors, however, PHMSA reviewed records of form G20 Request to Locate which\nindicated that additional local excavators existed that were not listed in the procedure. Three\nexamples of companies that called for locates in 2021 that were not identified in the O&M\nManual were B-3, Arctic Spark Electric, and Public Works.\nBUECI needs to update its O&M Manual to include a process for how the list of local\ncontractors is regularly updated.\n4. § 192.614 Damage prevention program.\n(a) . . . .\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,\nbut such participation does not relieve the operator of responsibility for compliance\nwith this section. However, an operator must perform the duties of paragraph (c)(3)\n\n\n\nof this section through participation in a one-call system, if that one-call system is a\nqualified one-call system. In areas that are covered by more than one qualified one-\ncall system, an operator need only join one of the qualified one-call systems if there\nis a central telephone number for excavators to call for excavation activities, or if\nthe one-call systems in those areas communicate with one another. An operator's\npipeline system must be covered by a qualified one-call system where there is one in\nplace. For the purpose of this section, a one-call system is considered a “qualified\none-call system” if it meets the requirements of section (b)(1) or (b)(2) of this\nsection.\n(1) . . . .\n(2) The one-call system:\n(i) Is operated in accordance with § 198.39 of this chapter.\nBUECI failed to provide a procedure that maintains record of one-call excavation notices. §\n192.614(c)(3) requires a damage prevention program to provide means for receiving and\nrecording notification of planned excavation activities. However, a review of the operator’s\nO&M Manual (Exhibit A-1) indicated that Section 11.3 One-Call did not include directions\nregarding how to document and maintain records of one-call excavation notices. BUECI’s\nAnnual Report for 2020 indicated two instances of excavation damage (Exhibit M-2).\nAdditionally, evidence demonstrated BUECI utilized form G20 to log one-call inquiries,\nhowever there were no instructions in the O&M Manual advising use of the form. Sections 11.3-\nand 11.5-Line Marking discussed locate requests and subsequent line marking but did not\nindicate how one-call tickets and line marking were to be documented. Form G20 Request for\nLocate was listed in Appendix A of the O&M Manual. G20 forms that were reviewed from 2021\ndidn’t indicate who completed line locates and when. The procedure was inadequate because it\ndidn’t specify BUECI’s process to track and document one-call activities.\nTherefore, BUECI must update its procedures to include directions on how to document and\nmaintain one-call excavation notices.\n5. § 192.756 Joining plastic pipe by heat fusion; equipment maintenance and\ncalibration.\nEach operator must maintain equipment used in joining plastic pipe in accordance\nwith the manufacturer's recommended practices or with written procedures that\nhave been proven by test and experience to produce acceptable joints.\nBUECI failed to provide procedures for maintaining and calibrating plastic pipe joining\nequipment. The Operator provided their O&M Manual (Exhibit A-1) that described the\nprocedures for the joining of plastic pipe that included both joint type and technician\nqualification details, however the procedure did not outline how plastic pipe joining equipment\nwas either maintained or calibrated. Annual Reports from previous years indicate inadequate\njoining equipment maintenance may have contributed to joint failures. The 2021 Annual Report\n(Exhibit M-3) indicated one joint failure and the 2019 Annual Report (Exhibit M-1) indicated\nnine joint failures.\n\n\n\nBUECI must update its procedures to include a process for maintaining plastic pipe joining\nequipment.\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\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\n120 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 BUECI maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 5-2023-045 and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n\n\n\ncc: PHP-60 Compliance Registry\nPHP-500 M. Yeager, H. Keogh (#22-257275)\nHerman Reich, Natural Gas Distribution Superintendent, BUECI,\nherman.reich@bueci.org\n\n52023045NOA_Closure Letter_03242025_(22-257275)_text.pdf\n\nVIA ELECTRONIC MAIL TO: yves.brower@bueci.org\nMarch 24, 2025\nMr. Yves Brower\nGeneral Manager\nBarrow Utilities and Electric Cooperative, Inc.\nP.O. Box 449\nBarrow, AK 99723\nCPF 5-2023-045-NOA\nClosure Letter\nDear Mr. Brower:\nFrom November 16 through November 18, 2022, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601of 49 United States Code\n(U.S.C.), inspected Barrow Utilities and Electric Cooperative Inc’s (BUECI), procedures for\nMaintenance and Operations in Utqiagvik (Barrow), Alaska. As a result of the inspection,\nBUECI was issued a Notice of Amendment (NOA) on December 27, 2023, which proposed\namendment of your procedures.\nBUECI submitted its amended procedures on October 23, 2024, along with a supplementary\nresponse on January 23, 2025. My staff reviewed the amended procedures, and it appears the\ninadequacies 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\nfor your cooperation.\nSincerely,\nFor Dustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\n\n\n\ncc: PHP-60 Compliance Registry\nPHP-500 M. Yeager, H. Keogh (#22-257275)","truncated":false,"body_characters":15378}