{"operation":"document","citation":"CPF 52023046NOPV","title":"BARROW UTILITIES & ELECTRIC CORP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2023-12-27","effective_on":null,"summary":"OPEN notice of probable violation citing 191.11(a), 192.1007(f), 192.161(c), 192.273(b), 192.287, 192.355(b)(2), 192.481(a), 192.481(c), 192.491(c), 192.605(a), 192.605(b)(8), 192.615(b)(2), 192.615(b)(3), 192.615(c)(1), 192.625(f), 192.707(c), 192.721(a), 192.723(a), 192.723(b)(1), 192.747(a), 192.751(a), 192.807.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023046nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023046nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023046nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023046NOPV","body":"Notice of Probable Violation involving BARROW UTILITIES & ELECTRIC CORP. PHMSA's enforcement data identifies the cited regulations as 191.11(a),  192.1007(f),  192.161(c),  192.273(b),  192.287,  192.355(b)(2),  192.481(a),  192.481(c),  192.491(c),  192.605(a),  192.605(b)(8),  192.615(b)(2),  192.615(b)(3),  192.615(c)(1),  192.625(f),  192.707(c),  192.721(a),  192.723(a),  192.723(b)(1),  192.747(a),  192.751(a),  192.807. The case was opened on 2023-12-27 and is reported as open. Proposed civil penalty: $81,800. Assessed civil penalty: $32,720. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023046NOPV_Consent Agreement and Order_01132025_(22-257275).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023046NOPV/52023046NOPV_Consent%20Agreement%20and%20Order_01132025_(22-257275).pdf\n\n52023046NOPV_Consent Agreement and Order_01132025_(22-257275)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023046NOPV/52023046NOPV_Consent%20Agreement%20and%20Order_01132025_(22-257275)_text.pdf\n\n52023046NOPV_Operator Response to Notice_02252024_(22-257275).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023046NOPV/52023046NOPV_Operator%20Response%20to%20Notice_02252024_(22-257275).pdf\n\n52023046NOPV_PCP PCO_12272023_(22-257275).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023046NOPV/52023046NOPV_PCP%20PCO_12272023_(22-257275).pdf\n\n52023046NOPV_PCP PCO_12272023_(22-257275)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023046NOPV/52023046NOPV_PCP%20PCO_12272023_(22-257275)_text.pdf\n\n52023046NOPV_Consent Agreement and Order_01132025_(22-257275)_text.pdf\n\nJanuary 16, 2025\nVIA ELECTRONIC MAIL TO: yves.brower@bueci.org\nYves Brower\nGeneral Manager\nBarrow Utilities & Electric Coop., Inc.\nPO Box 449\nBarrow, Alaska 99723\nRe: CPF No. 5-2023-046-NOPV\nDear Mr. Brower:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement\nbetween the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Barrow\nUtilities & Electric Cooperative, Inc (BUECI), which was executed on January 6, 2025. Service\nof the Consent Order and Consent Agreement by electronic mail is deemed effective upon the\ndate of transmission and acknowledgment of receipt, or as otherwise provided under 49 C.F.R. §\n190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures: Consent Agreement and Consent Order\nCc: Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nGabrielle St. Pierre, Operations Supervisor, Western Region Office of Pipeline Safety,\nPHMSA\nAshley Brown, Counsel, Kemppel, Huffman & Ellis, P.C.\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nCPF No. 5-2023-046-NOPV\nCONSENT ORDER\nBy letter dated December 27, 2023, the Pipeline and Hazardous Materials Safety Administration,\nOffice of Pipeline Safety (PHMSA), issued a Notice of Probable Violation, Proposed Civil\nPenalty, and Proposed Compliance Order (Notice) to Barrow Utilities & Electric Cooperative,\nInc. (BUECI or Respondent).\nIn response to the Notice, Respondent contested the underlying violation of Item 16, the\nproposed civil penalty, and requested modifications to the proposed compliance order.\nRespondent also challenged the underlying proposed violations in Warning Items 9 and\n20. Respondent asked for an opportunity to meet informally with PHMSA to discuss the Items\nin the Notice. Respondent and PHMSA (the Parties) subsequently met to discuss the issues\nraised in the Response. As a result of those discussions, the Parties have agreed to a Consent\nAgreement by which PHMSA makes findings of violation of nineteen (19) provisions of 49\nC.F.R. §§ 191 and 192 (Items 1-8, 10-14, 16-19, 21-22), issues a warning for Items 2 and 5,\nassesses a civil penalty in the amount of $32,720, and requires Respondent to complete specified\ncompliance actions.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. BUECI is hereby ordered to comply with the terms of the Consent Agreement\npursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent\nOrder may result in the assessment of additional civil penalties as set forth in 49 U.S.C. § 60122\nand 49 C.F.R. § 190.223, or in referral to the Attorney General for appropriate relief in a district\ncourt of the United States.\n\n\n\nThe terms and conditions of this Consent Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nJanuary 16, 2025\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\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 )\n)\nBarrow Utilities & Electric Cooperative, Inc, )\nRespondent. )\n)\n) CPF No. 5-2023-046-NOPV\nCONSENT AGREEMENT\nFrom November 16 through November 18, 2022, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), conducted an on-site pipeline safety inspection of the\nfacilities and records of Barrow Utilities & Electric Cooperative, Inc. (BUECI or Respondent) in\nUtqiagvik (Barrow), Alaska. Specifically, PHMSA inspected BUECI's distribution (Barrow\ndistribution system) located in Utqiagvik, Alaska and the Naval Arctic Research Laboratory's\n(NARL) distribution system (NARL distribution system) located north of Utqiagvik, Alaska.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated December 27, 2023, a Notice of Probable Violation and Proposed\nCompliance Order and Proposed Civil Penalty (Notice), which also included three (3) warnings\npursuant to 49 C.F.R. § 190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that BUECI committed violations of nineteen (19) provisions of 49 C.F.R. §§ 191 and\n192 (Items 1-8, 10-14, 16-19, 21-22), proposed ordering Respondent to take certain measures to\ncorrect the alleged violations and a civil penalty of $81,800. The other probable violations\n(Items 9, 15, and 20) were brought as warnings, advising the operator to correct the probable\nviolations or face potential future enforcement action.\nBUECI initially responded to the Notice on January 23, 2024, requesting a 30-day extension to\nsubmit an official response before responding to the Notice by letter dated February 25, 2024\n(Response). BUECI contested the underlying violation of Item 16, the proposed civil penalty,\nand requested modifications to the proposed compliance order. BUECI also challenged the\nunderlying proposed violations in Warning Items 9 and 20.\n\n\n\nPHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the\nResponse. As a result of those discussions and as explained in more detail below, the Parties\nagreed to findings of violation, a modified compliance order and a reduced civil penalty of\n$32,720 with a payment plan based on BUECI's status as a small nonprofit.\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation and will serve the public interest by promoting safety and protection of the\nenvironment, pursuant to 49 U.S.C. § 60101, et seq. and 49 C.F.R. Part 190, and upon consent\nand agreement, the Parties hereby agree as follows:\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent\nacknowledges that it received proper notice of PHMSA's action in this proceeding and that the\nNotice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq.,\nand the regulations and orders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency's\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending\nthat the Associate Administrator adopt the terms of this Agreement by issuing an administrative\norder (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement\nconstitute an offer of settlement until accepted by the Associate Administrator. Once accepted,\nthe Associate Administrator will issue a Consent Order incorporating the terms of this\nAgreement.\n3. Respondent consents to the issuance of the Consent Order and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except for the Dispute Resolution\nprovisions set forth herein.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent's officers, employees, and agents\nwhose duties might reasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements or understandings relating\n\n\n\nto settlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice.\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA's right of access, entry, inspection, and information gathering or PHMSA's authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n7. For all transfers of ownership or operating responsibility of Respondent's pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent's pipeline systems. This Agreement is not a\npermit, or a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Except as set forth herein, this Agreement does not constitute a finding of\nviolation of any other federal law or regulation and may not be used in any civil proceeding of\nany kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any\nlaw, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this\nAgreement or in future PHMSA enforcement actions.\nII. Findings of Violation:\n11. Item 1 - 49 C.F.R. § 191.11(a): The Notice alleged BUECI failed to provide an\naccurate annual report for the year of 2021 as required. Specifically, the Notice alleged that\nBUECI's annual report for the year of 2021 was not consistent with the information PHMSA\ngathered during the inspection. Respondent does not contest the allegation of violation as\nalleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 191.11(a).\n\n\n\n12. Item 2 - 49 C.F.R. § 192.161(c): The Notice alleged BUECI failed to support\nexposed pipeline with noncombustible material as required. Specifically, the Notice alleged that\nwood material, which is a combustible material, was observed supporting various portions of the\nBUECI & NARL distribution pipelines. Respondent does not contest the allegation of violation\nas alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.161(c).\n13. Item 3 - 49 C.F.R. § 192.273(b): The Notice alleged BUECI failed to\ndemonstrate joints were made in accordance with written procedures that had been qualified as\nrequired. Specifically, the Notice alleged BUECI could not provide documentation\ndemonstrating that plastic piping was constructed using a qualified plastic joining procedure.\nRespondent does not contest the allegation of violation as alleged in the Notice. As such,\nPHMSA finds a violation of 49 C.F.R. § 192.273(b).\n14. Item 4 - 49 C.F.R. § 192.287: The Notice alleged BUECI did not have\ndocumentation demonstrating the inspection of joints in plastic pipe was conducted by a\nqualified person as required. Specifically, the Notice alleged that during inspection, BUECI\ncould not provide training records or evidence of documented experience in evaluating the\nacceptability of plastic pipe joints for plastic pipe inspectors. Respondent does not contest the\nallegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R.\n§ 192.287.\n15. Item 5 - 49 C.F.R. § 192.355(b)(2): The Notice alleged BUECI failed to ensure\neach meter installed was protected from damage as required. Specifically, the Notice alleged\nthat the NARL distribution system's metering and service-regulator box for the Ilisagvik College\nwas installed in an inadequately vented box against a building, and was trapping natural gas\nfumes within the box, creating a hazardous environment. Respondent does not contest the\nallegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R.\n§ 192.355(b)(2).\n16. Item 6 - 49 C.F.R. § 192.481(a) and (c): The Notice alleged BUECI did not\ninspect each aboveground portion of the Barrow and NARL distribution systems for atmospheric\ncorrosion at the required frequencies. Specifically, the Notice alleged that during inspection,\nrecords demonstrated that not all of the aboveground valve stations on distribution mains for the\nBarrow and NARL distribution systems had been inspected over a three-year period.\nRespondent does not contest the allegation of violation as alleged in the Notice. As such,\nPHMSA finds a violation of 49 C.F.R. § 192.481(a) and (c).\n17. Item 7 - 49 C.F.R. § 192.491(c): The Notice alleged BUECI could not\ndemonstrate the contents of its gas were non-corrosive because during inspection BUECI failed\nto provide records indicating gas quality sampling had taken place to ensure no corrosive gas\nwas being transported by the Barrow and NARL distribution systems. Respondent does not\ncontest the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of\n49 C.F.R. § 192.491(c).\n\n\n\n18. Item 8 - 49 C.F.R. § 192.605(a): The Notice alleged BUECI failed to review and\nupdate its O&M manual at intervals not exceeding 15 months, but at least once each calendar\nyear as required. Specifically, the Notice alleged that there were no reviews of the operations\nand maintenance procedures documented prior to 2022. Respondent does not contest the\nallegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R.\n§ 192.605(a).\n19. Item 10 - 49 C.F.R. § 192.605(b)(8): The Notice alleged BUECI did not\ncomplete periodic reviews of work done by operator personnel to determine the effectiveness\nand adequacy of their procedures. Specifically, the Notice alleged that PHMSA observed issues\nduring the inspection such as incorrect use of forms, inadequate leakage detection, and incorrect\nuse of odorization equipment, which could have been discovered and addressed via this process\nof evaluation for effectiveness and adequacy of procedures. Respondent does not contest the\nallegation of violation as alleged in the Notice As such, PHMSA finds a violation of 49 C.F.R. §\n192.605(b)(8).\n20. Item 11 - 49 C.F.R. § 192.615(b)(2): The Notice alleged BUECI did not\ncomplete documentation demonstrating the effectiveness of the emergency training.\nSpecifically, the Notice alleged that BUECI could not provide records of the last personnel\nemergency training or emergency training effectiveness evaluations. Respondent does not\ncontest the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of\n49 C.F.R. § 192.615(b)(2).\n21. Item 12 - 49 C.F.R. § 192.615(b)(3): The Notice alleged BUECI failed to\ncomplete the required documentation indicating a review of employee activities was\naccomplished following an emergency as required in BUECI's operations and maintenance\nmanual. Respondent does not contest the allegation of violation as alleged in the Notice. As\nsuch, PHMSA finds a violation of 49 C.F.R. § 192.615(b)(3).\n22. Item 13 - 49 C.F.R. § 192.615(a)(c)(1): The Notice alleged BUECI did not\nmaintain liaison with appropriate entities as required. Specifically, the Notice alleged that during\nthe inspection, BUECI could not provide records of meetings, training sessions, or other related\nactivities to indicate liaison was maintained with appropriate fire, police, and other public\nofficials and utility owners. Respondent does not contest the allegation of violation as alleged in\nthe Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.615(a)(c)(1).\n23. Item 14 - 49 C.F.R. § 192.625(/): The Notice alleged BUECI had several\nviolations of § 192.625 regarding the odorization of gas. Specifically, the Notice alleged four (4)\nseparate instances of violation. Respondent does not contest the allegation of violation as alleged\nin the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.625(f).\n\n\n\n24. Item 16 - 49 C.F.R. § 192.707(c): The Notice alleged BUECI failed to provide\nadequate signage for aboveground piping infrastructure as required. Specifically, the Notice\nalleged that during inspection, PHMSA observed that the Barrow pressure relief valve (PRV)\nstation had incorrect signage at multiple locations. BUECI contested this Item, however after\ndiscussions during informal settlement conferences, both parties agree BUECI was in violation\nof this item. As such, PHMSA finds a violation of 49 C.F.R. § 192.707(c).\n25. Item 17 - 49 C.F.R. § 192.721(a): The Notice alleged BUECI did not follow its\nprocedure requiring patrols in business districts on a quarterly basis as required. Specifically, the\nNotice alleged that during inspection, BUECI could not provide any records documenting it had\nconducted the patrols as required by its procedures. Respondent does not contest the allegation of\nviolation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.721(a).\n26. Item 18 - 49 C.F.R. § 192.723(a) and (b)(1): The Notice alleged BUECI failed to\ncomplete leakage surveys within business districts at intervals not exceeding 15 months but at\nleast once each calendar year as required. Specifically, the Notice alleged that the records\nBUECI provided during the inspection documenting leakage surveys were incomplete and\ninadequate. Respondent does not contest the allegation of violation as alleged in the Notice. As\nsuch, PHMSA finds a violation of 49 C.F.R. § 192.723(a) and (b)(1).\n27. Item 19 - 49 C.F.R. § 192.747(a): The Notice alleged BUECI failed to properly\ndocument annual valve inspections as required. Specifically, the Notice alleged that valve\ninspections were inadequately documented in multiple instances. Respondent does not contest\nthe allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49\nC.F.R. § 192.747(a).\n28. Item 21 - 49 C.F.R. § 192.807: The Notice alleged BUECI failed to ensure that\nqualifications for individuals performing covered tasks were verified through evaluation as\nrequired. Specifically, the Notice alleged that during inspection, PHMSA reviewed records that\nsuggested there were multiple instances where operator qualification (OQ) records were\ninadequately documented. Respondent does not contest the allegation of violation as alleged in\nthe Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.807.\n29. Item 22 - 49 C.F.R. § 192.1007(/): The Notice alleged BUECI failed to re-evaluate its\nDistribution Integrity Management Plan (DIMP) every five years. Specifically, the Notice\nalleged that there were multiple instances of inadequate documentation regarding the re-\nevaluation of BUECI's DIMP plan. Respondent does not contest the allegation of violation as\nalleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.1007(f).\n30. Items 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 16, 17, 18, 19, 21, and 22 will be\nconsidered by PHMSA as prior offenses in any future PHMSA enforcement action taken against\nRespondent for the five (5)-year period following the Effective Date of this Agreement.\n\n\n\nIII. Warning Items:\n31. Item 9 - 49 C.F.R. § 192.605(a): The Notice alleged that BUECI failed to follow\ntheir own procedure to ensure supervisor/managerial staff acknowledged, evaluated, and\nproperly filed PRV station regulator inspections as required. This Item was brought as a\nWarning Item and does not constitute a finding of violation.\n32. Item 15 - 49 C.F.R. § 192.625(/): The Notice alleged BUECI's odorant test\nstation environment was inadequate and failed to comply with the requirements of § 192.625.\nThis Item was brought as a Warning Item and does not constitute a finding of violation.\nRespondent accepts the warning as alleged in the Notice.\n33. Item 20 - 49 C.F.R. § 192.751(a): The Notice alleged that BUECI failed to\nminimize the danger of possible ignition within a building as required. . This Item was brought\nas a Warning Item and does not constitute a finding of violation.\n34. For Warning Items 9, 15, and 20, if OPS finds a violation of these provisions in a\nsubsequent inspection, Respondent may be subject to future enforcement action.\nIV. Civil Penalty:\n35. Item 5: The Notice proposed assessing a civil penalty in the amount of $35,300\nfor Item 5. Respondent requested a reduction of the proposed civil penalty. Regarding this Item,\nthere is no reason based on the civil penalty factors indicating reconsideration of penalty amount\nis appropriate. It is determined that the proposed civil penalty for Item 6 was properly assessed\nbased on the civil penalty factors.\n36. Item 6: The Notice proposed assessing a civil penalty in the amount of $46,500\nfor Item 6. Regarding this Item there are no civil penalty factors indicating reconsideration of\npenalty amount is appropriate. It is determined that the proposed civil penalty for Item 6 was\nproperly assessed based on the civil penalty factors.\n37. Respondent requested a reduction of the proposed civil penalties for Item 5 and\nItem 6 and PHMSA has agreed to reduce the overall civil penalties based on BUECI's small\nbusiness classification. PHMSA agrees to reduce the overall civil penalties by $49,080 based on\nthe specific circumstances in this case in consideration of BUECI's small business classification,\nas BUECI is a small nonprofit utility cooperative.\n38. Respondent shall pay an adjusted civil penalty in the amount of $32,720 for Item\n5 and Item 6, pursuant to the payment instructions at 49 C.F.R. § 190.227(a). In further\nconsideration of BUECI's status as a small business, the civil penalty is to be paid in full within\n90 days of the Effective Date of this agreement.\n\n\n\nV. Compliance Order:\n39. Item 1: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order\nand stated that it had filed an amended 2021 annual report to include all 45 locates for that year.\nPHMSA has reviewed the amended report and finds this proposed compliance Item has been\nsatisfied.\n40. Item 2: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order\nand asserted it had commenced the process of replacing the wood pipeline supports with steel\nsupports. BUECI has asked for an extension of time to complete this task. PHMSA\nacknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.\nAs such, Respondent agrees to undertake the following corrective measures:\nIn regard to Item 2 pertaining to combustible material supporting pipeline infrastructure,\nBUECI must replace all combustible material pipeline supports with noncombustible material\nwithin 630 days of the Effective Date and submit documentation that this action was completed\nto the Director.\n41. Item 3: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order\nand stated it was in the process of updating its operations maintenance and emergency manual.\nPHMSA acknowledges BUECI's efforts in working towards satisfying this proposed compliance\nItem. As such, Respondent agrees to undertake the following corrective measures:\nIn regard to Item 3 pertaining to plastic joining written procedures, BUECI must provide\nwritten procedures for plastic joint fabrications within 90 days of the Effective Date and submit\ndocumentation that this action was completed to the Director.\n42. Item 4: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order\nand stated it had made progress regarding documentation of inspector qualifications. PHMSA\nacknowledges BUECI's efforts in working towards satisfying this proposed compliance Item. As\nsuch, Respondent agrees to undertake the following corrective measures:\nIn regard to Item 4 pertaining to the inspector qualification for inspecting plastic pipe,\nBUECI must provide training records of all currently qualified plastic joint inspectors as well as\nensure all prior plastic joining inspections were completed by a qualified inspector or identify all\nplastic joints that were not inspected by a qualified inspector within 270 days of the Effective\nDate and submit documentation that this action was completed to the Director.\n\n\n\n43. Item 5: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order\nand stated it modified the ventilation for the metering and service-regulator box. PHMSA has not\nreceived documentation to review and determine if this compliance Item satisfied. As such,\nRespondent agrees to undertake the following corrective measures:\nIn regard to Item 5 pertaining to the metering and service-regulator box for the Ilisagvik\nCollege, BUECI must provide adequate ventilation for the metering and service-regulator box\nwithin 30 days of the Effective Date and submit documentation that this action was completed to\nthe Director.\n44. Item 6: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order\nbut requested an extension to complete the proposed compliance Item based on discussions with\nits contractor regarding timelines and in consideration of the constraints placed on the\nRespondent due to weather and ability to access the system. PHMSA acknowledges these\nobstacles and agrees to extend the deadline for compliance. As such, Respondent agrees to\nundertake the following corrective measures:\nIn regard to Item 6 pertaining to atmospheric corrosion monitoring, BUECI must provide\nrecords demonstrating both the Barrow and NARL systems were completely and adequately\ninspected for atmospheric corrosion over the previous 3-year period as well as clean and coat all\nindicated instances of active atmospheric corrosion identified within 730 days of the Effective\nDate and submit documentation that this action was completed to the Director.\n45. Item 7: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order\nand attached what it stated was its current gas composition records. Following the issuance of the\nNotice, BUECI provided records from calendar years 2018-2024. PHMSA reviewed the records\nprovided and determined that the records demonstrate compliance with the regulation. PHMSA\nhas reviewed the provided records and finds this proposed compliance Item has been satisfied.\n46. Item 8: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order\nand stated it has made progress but not completed the proposed compliance Item. PHMSA\nacknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.\nAs such, Respondent agrees to undertake the following corrective measures:\nIn regard to Item 8 pertaining to the operations and maintenance manual revisions,\nBUECI must conduct reviews of the operations and maintenance manual and provide the most\nrecent revision log within 90 days of the Effective Date.\n\n\n\n47. Item 10: The Notice proposed certain compliance order actions to address the\nnon-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance\nOrder and stated it has made progress but not completed the proposed compliance Item. PHMSA\nacknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.\nAs such, Respondent agrees to undertake the following corrective measures:\nIn regard to Item 10 pertaining to periodic reviews of work, BUECI must provide records\ndemonstrating a recent review of the work done by personnel was conducted to determine the\neffectiveness and adequacy of its procedures or conduct a review of the work done by personnel\nto determine the effectiveness and adequacy of the procedures within 270 days of the Effective\nDate and submit documentation that this action was completed to the Director.\n48. Item 11: The Notice proposed certain compliance order actions to address the\nnon-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance\nOrder and stated it has made progress but not completed the proposed compliance Item. PHMSA\nacknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.\nAs such, Respondent agrees to undertake the following corrective measures:\nIn regard to Item 11 pertaining to emergency procedure training, BUECI must provide\nrecords demonstrating employees are trained on emergency procedures or conduct an employee\ntraining on emergency procedures within 180 days of the Effective Date and submit\ndocumentation that this action was completed to the Director.\n49. Item 12: The Notice proposed certain compliance order actions to address the\nnon-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance\nOrder and stated it has made progress but not completed the proposed compliance Item. PHMSA\nacknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.\nAs such, Respondent agrees to undertake the following corrective measures:\nIn regard to Item 12 pertaining to employee activities during an emergency, BUECI must\nprovide records of the March 11, 2020, emergency response or conduct an emergency drill to\ndetermine whether employee activities during a simulated emergency are effective within 365\ndays of the Effective Date and submit documentation that this action was completed to the\nDirector.\n50. Item 13: The Notice proposed certain compliance order actions to address the\nnon-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance\nOrder and stated it had contacted the Dispatch Supervisor with the North Slope Borough Police\nDepartment in December 2023 and was planning to meet with other entities in 2024. PHMSA\nacknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.\nAs such, Respondent agrees to undertake the following corrective measures:\n\n\n\nIn regard to Item 13 pertaining to maintain liaison with appropriate public entities,\nBUECI must provide records of maintained liaison with public entities or conduct a meeting,\ntraining session, or other related activity to indicate liaison was made with appropriate public\nentities within 365 days of the Effective Date and submit documentation that this action was\ncompleted to the Director.\n51. Item 14: The Notice proposed certain compliance order actions to address the\nnon-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance\nOrder and stated it was working to order two Odorator 2s, and that it intends to have a calibration\nschedule with alternating calibration dates for each of the new odorators. Additionally, BUECI\nstated it had reviewed its procedure with its crew and removed the chart that did not pertain to\nthe Bacharach odorameter, as well as commencing with the use of the correct form. PHMSA\nacknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.\nAs such, Respondent agrees to undertake the following corrective measures:\nIn regard to Item 14 pertaining to records for odorization of gas, BUECI must ensure the\nodorization records contain clear and objective data from this point forward and ensure the\nBacharach Odorometer is properly calibrated within 365 days of the Effective Date and submit\ndocumentation that this action was completed to the Director.\n52. Item 16: The Notice proposed certain compliance order actions to address the\nnon-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance\nOrder, except where it pertained to the NARL PRV station, and stated it has corrected the PRV\nstation signage. PHMSA has not received documentation to review and determine if this\ncompliance Item has been satisfied. As such, Respondent agrees to undertake the following\ncorrective measures:\nIn regard to Item 16 pertaining to line markers, BUECI must correct all signage of the\nPRV station to include the proper verbiage required by code within 30 days of the Effective Date\nand submit photographic evidence documenting that this action was completed to the Director.\n53. Item 17: The Notice proposed certain compliance order actions to address the\nnon-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance\nOrder and stated it has made progress but not completed the proposed compliance Item. PHMSA\nacknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.\nAs such, Respondent agrees to undertake the following corrective measures:\nIn regard to Item 17 pertaining to patrolling, BUECI must conduct quarterly patrols\nwithin the business districts and semi-annually outside of business districts of the distribution\nsystems, as defined in its procedures, from this point forward after the Effective Date. BUECI\nmust submit documentation demonstrating compliance with § 192.721 for calendar year 2025 no\nlater than January 6, 2026. This documentation shall be submitted in one complete package and\n\n\n\nmust include the date of patrols, individuals performing the patrols, patrol location, and\nequipment utilized.\n54. Item 18: The Notice proposed certain compliance order actions to address the\nnon-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance\nOrder and stated it has made progress but not completed the proposed compliance Item. PHMSA\nacknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.\nAs such, Respondent agrees to undertake the following corrective measures:\nIn regard to Item 18 pertaining to leakage surveys, BUECI must provide documentation\ndemonstrating all locations within the business district were surveyed or conduct a survey which\nincludes all locations within the business district within 365 days of the Effective Date and\nsubmit documentation that this action was completed to the Director.\n55. Item 19: The Notice proposed certain compliance order actions to address the\nnon-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance\nOrder and stated it has made progress but not completed the proposed compliance Item. PHMSA\nacknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.\nAs such, Respondent agrees to undertake the following corrective measures:\nIn regard to Item 19 pertaining to valve maintenance, BUECI must document valve\nmaintenance on the form, and as described in its procedures, with clear and objective data\ndemonstrating each valve and each location were identified properly, from this point forward\nafter the Effective Date.\n56. Item 21: The Notice proposed certain compliance order actions to address the\nnon-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance\nOrder and stated it has made progress but not completed the proposed compliance Item. PHMSA\nacknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.\nAs such, Respondent agrees to undertake the following corrective measures:\nIn regard to Item 21 pertaining to operator qualifications, BUECI must provide\ndocumentation demonstrating all employees are currently qualified or conduct training to\ndemonstrate all employees are currently qualified within 365 days of the Effective Date and\nsubmit documentation that this action was completed to the Director.\n57. Item 22: The Notice proposed certain compliance order actions to address the\nnon-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance\nOrder but requested an extension to come into compliance based on the limited number of\nemployees available to work on all of the compliance Items. PHMSA acknowledges this obstacle\nand agrees to a modified timeline. As such, Respondent agrees to undertake the following\ncorrective measures:\n\n\n\nIn regard to Item 22 pertaining to the DIMP manual, BUECI must review and update as\nnecessary its DIMP manual and incorporate any new distribution systems within 90 days of the\nEffective Date and submit documentation that this action was completed to the Director.\nVI. Enforcement:\n58. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $266,015 per violation for each day the violation continues\nand referral of the case to the Attorney General for judicial enforcement, if PHMSA determines\nthat Respondent is not complying with the terms of this Agreement in accordance with the\ndeterminations made by the Director, or in accordance","truncated":true,"body_characters":44893}