# BARROW UTILITIES & ELECTRIC CORP — Notice of Probable Violation

- **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:** Not available
- **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.
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**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.

Official case documents:

52023046NOPV_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

52023046NOPV_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

52023046NOPV_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

52023046NOPV_PCP PCO_12272023_(22-257275).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023046NOPV/52023046NOPV_PCP%20PCO_12272023_(22-257275).pdf

52023046NOPV_PCP PCO_12272023_(22-257275)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023046NOPV/52023046NOPV_PCP%20PCO_12272023_(22-257275)_text.pdf

52023046NOPV_Consent Agreement and Order_01132025_(22-257275)_text.pdf

January 16, 2025
VIA ELECTRONIC MAIL TO: yves.brower@bueci.org
Yves Brower
General Manager
Barrow Utilities & Electric Coop., Inc.
PO Box 449
Barrow, Alaska 99723
Re: CPF No. 5-2023-046-NOPV
Dear Mr. Brower:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement
between the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Barrow
Utilities & Electric Cooperative, Inc (BUECI), which was executed on January 6, 2025. Service
of the Consent Order and Consent Agreement by electronic mail is deemed effective upon the
date of transmission and acknowledgment of receipt, or as otherwise 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: Consent Agreement and Consent Order
Cc: Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA
Gabrielle St. Pierre, Operations Supervisor, Western Region Office of Pipeline Safety,
PHMSA
Ashley Brown, Counsel, Kemppel, Huffman & Ellis, P.C.
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
CPF No. 5-2023-046-NOPV
CONSENT ORDER
By letter dated December 27, 2023, the Pipeline and Hazardous Materials Safety Administration,
Office of Pipeline Safety (PHMSA), issued a Notice of Probable Violation, Proposed Civil
Penalty, and Proposed Compliance Order (Notice) to Barrow Utilities & Electric Cooperative,
Inc. (BUECI or Respondent).
In response to the Notice, Respondent contested the underlying violation of Item 16, the
proposed civil penalty, and requested modifications to the proposed compliance order.
Respondent also challenged the underlying proposed violations in Warning Items 9 and
20. Respondent asked for an opportunity to meet informally with PHMSA to discuss the Items
in the Notice. Respondent and PHMSA (the Parties) subsequently met to discuss the issues
raised in the Response. As a result of those discussions, the Parties have agreed to a Consent
Agreement by which PHMSA makes findings of violation of nineteen (19) provisions of 49
C.F.R. §§ 191 and 192 (Items 1-8, 10-14, 16-19, 21-22), issues a warning for Items 2 and 5,
assesses a civil penalty in the amount of $32,720, and requires Respondent to complete specified
compliance actions.
Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this
Consent Order. BUECI is hereby ordered to comply with the terms of the Consent Agreement
pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent
Order may result in the assessment of additional civil penalties as set forth in 49 U.S.C. § 60122
and 49 C.F.R. § 190.223, or in referral to the Attorney General for appropriate relief in a district
court of the United States.



The terms and conditions of this Consent Order are effective upon service in accordance with 49
C.F.R. § 190.5.
January 16, 2025
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
)
In the Matter of )
)
Barrow Utilities & Electric Cooperative, Inc, )
Respondent. )
)
) CPF No. 5-2023-046-NOPV
CONSENT AGREEMENT
From November 16 through November 18, 2022, a representative of the Pipeline and Hazardous
Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter
601 of 49 United States Code (U.S.C.), conducted an on-site pipeline safety inspection of the
facilities and records of Barrow Utilities & Electric Cooperative, Inc. (BUECI or Respondent) in
Utqiagvik (Barrow), Alaska. Specifically, PHMSA inspected BUECI's distribution (Barrow
distribution system) located in Utqiagvik, Alaska and the Naval Arctic Research Laboratory's
(NARL) distribution system (NARL distribution system) located north of Utqiagvik, Alaska.
As a result of the inspection, the Director, Western Region, OPS (Director), issued to
Respondent, by letter dated December 27, 2023, a Notice of Probable Violation and Proposed
Compliance Order and Proposed Civil Penalty (Notice), which also included three (3) warnings
pursuant to 49 C.F.R. § 190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that BUECI committed violations of nineteen (19) provisions of 49 C.F.R. §§ 191 and
192 (Items 1-8, 10-14, 16-19, 21-22), proposed ordering Respondent to take certain measures to
correct the alleged violations and a civil penalty of $81,800. The other probable violations
(Items 9, 15, and 20) were brought as warnings, advising the operator to correct the probable
violations or face potential future enforcement action.
BUECI initially responded to the Notice on January 23, 2024, requesting a 30-day extension to
submit an official response before responding to the Notice by letter dated February 25, 2024
(Response). BUECI contested the underlying violation of Item 16, the proposed civil penalty,
and requested modifications to the proposed compliance order. BUECI also challenged the
underlying proposed violations in Warning Items 9 and 20.



PHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the
Response. As a result of those discussions and as explained in more detail below, the Parties
agreed to findings of violation, a modified compliance order and a reduced civil penalty of
$32,720 with a payment plan based on BUECI's status as a small nonprofit.
Having agreed that settlement of this proceeding will avoid further administrative proceedings or
litigation and will serve the public interest by promoting safety and protection of the
environment, pursuant to 49 U.S.C. § 60101, et seq. and 49 C.F.R. Part 190, and upon consent
and agreement, the Parties hereby agree as follows:
I. General Provisions
1. Respondent acknowledges that as the operator of the pipeline facilities subject to
the Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the
Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative
orders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent
acknowledges that it received proper notice of PHMSA's action in this proceeding and that the
Notice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq.,
and the regulations and orders issued thereunder.
2. After Respondent returns this signed Agreement to PHMSA, the Agency's
representative will present it to the Associate Administrator for Pipeline Safety, recommending
that the Associate Administrator adopt the terms of this Agreement by issuing an administrative
order (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement
constitute an offer of settlement until accepted by the Associate Administrator. Once accepted,
the Associate Administrator will issue a Consent Order incorporating the terms of this
Agreement.
3. Respondent consents to the issuance of the Consent Order and hereby waives any
further procedural requirements with respect to its issuance. Respondent waives all rights to
contest the adequacy of notice, or the validity of the Consent Order or this Agreement, including
all rights to administrative or judicial hearings or appeals, except for the Dispute Resolution
provisions set forth herein.
4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its
officers, directors, and employees, and its successors, assigns, or other entities or persons
otherwise bound by law. Respondent agrees to provide a copy of this Agreement and any
incorporated work plans and schedules to all of Respondent's officers, employees, and agents
whose duties might reasonably include compliance with this Agreement.
5. This Agreement constitutes the final, complete and exclusive agreement and
understanding between the Parties with respect to the settlement embodied in this Agreement.
The Parties acknowledge that there are no representations, agreements or understandings relating



to settlement other than those expressly contained in this Agreement, except that the terms of this
Agreement may be construed by reference to the Notice.
6. Nothing in this Agreement affects or relieves Respondent of its responsibility to
comply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,
et seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters
PHMSA's right of access, entry, inspection, and information gathering or PHMSA's authority to
bring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the
regulations and orders issued thereunder, or any other provision of Federal or State law.
7. For all transfers of ownership or operating responsibility of Respondent's pipeline
system referenced herein, Respondent will provide a copy of this Agreement to the prospective
transferee at least 30 days prior to such transfer. Respondent will provide written notice of the
transfer to the Director no later than 60 days after the transfer occurs.
8. This Agreement does not waive or modify any Federal, State, or local laws or
regulations that are applicable to Respondent's pipeline systems. This Agreement is not a
permit, or a modification of any permit, under any Federal, State, or local laws or regulations.
Respondent remains responsible for achieving and maintaining compliance with all applicable
Federal, State, and local laws, regulations and permits.
9. This Agreement does not create rights in, or grant any cause of action to, any third
party not party to this Agreement. The U.S. Department of Transportation is not liable for any
injuries or damages to persons or property arising from acts or omissions of Respondent or its
officers, employees, or agents carrying out the work required by this Agreement. Respondent
agrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,
and representatives from any and all causes of action arising from any acts or omissions of
Respondent or its contractors in carrying out any work required by this Agreement.
10. Except as set forth herein, this Agreement does not constitute a finding of
violation of any other federal law or regulation and may not be used in any civil proceeding of
any kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any
law, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this
Agreement or in future PHMSA enforcement actions.
II. Findings of Violation:
11. Item 1 - 49 C.F.R. § 191.11(a): The Notice alleged BUECI failed to provide an
accurate annual report for the year of 2021 as required. Specifically, the Notice alleged that
BUECI's annual report for the year of 2021 was not consistent with the information PHMSA
gathered during the inspection. Respondent does not contest the allegation of violation as
alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 191.11(a).



12. Item 2 - 49 C.F.R. § 192.161(c): The Notice alleged BUECI failed to support
exposed pipeline with noncombustible material as required. Specifically, the Notice alleged that
wood material, which is a combustible material, was observed supporting various portions of the
BUECI & NARL distribution pipelines. Respondent does not contest the allegation of violation
as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.161(c).
13. Item 3 - 49 C.F.R. § 192.273(b): The Notice alleged BUECI failed to
demonstrate joints were made in accordance with written procedures that had been qualified as
required. Specifically, the Notice alleged BUECI could not provide documentation
demonstrating that plastic piping was constructed using a qualified plastic joining procedure.
Respondent does not contest the allegation of violation as alleged in the Notice. As such,
PHMSA finds a violation of 49 C.F.R. § 192.273(b).
14. Item 4 - 49 C.F.R. § 192.287: The Notice alleged BUECI did not have
documentation demonstrating the inspection of joints in plastic pipe was conducted by a
qualified person as required. Specifically, the Notice alleged that during inspection, BUECI
could not provide training records or evidence of documented experience in evaluating the
acceptability of plastic pipe joints for plastic pipe inspectors. Respondent does not contest the
allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R.
§ 192.287.
15. Item 5 - 49 C.F.R. § 192.355(b)(2): The Notice alleged BUECI failed to ensure
each meter installed was protected from damage as required. Specifically, the Notice alleged
that the NARL distribution system's metering and service-regulator box for the Ilisagvik College
was installed in an inadequately vented box against a building, and was trapping natural gas
fumes within the box, creating a hazardous environment. Respondent does not contest the
allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R.
§ 192.355(b)(2).
16. Item 6 - 49 C.F.R. § 192.481(a) and (c): The Notice alleged BUECI did not
inspect each aboveground portion of the Barrow and NARL distribution systems for atmospheric
corrosion at the required frequencies. Specifically, the Notice alleged that during inspection,
records demonstrated that not all of the aboveground valve stations on distribution mains for the
Barrow and NARL distribution systems had been inspected over a three-year period.
Respondent does not contest the allegation of violation as alleged in the Notice. As such,
PHMSA finds a violation of 49 C.F.R. § 192.481(a) and (c).
17. Item 7 - 49 C.F.R. § 192.491(c): The Notice alleged BUECI could not
demonstrate the contents of its gas were non-corrosive because during inspection BUECI failed
to provide records indicating gas quality sampling had taken place to ensure no corrosive gas
was being transported by the Barrow and NARL distribution systems. Respondent does not
contest the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of
49 C.F.R. § 192.491(c).



18. Item 8 - 49 C.F.R. § 192.605(a): The Notice alleged BUECI failed to review and
update its O&M manual at intervals not exceeding 15 months, but at least once each calendar
year as required. Specifically, the Notice alleged that there were no reviews of the operations
and maintenance procedures documented prior to 2022. Respondent does not contest the
allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R.
§ 192.605(a).
19. Item 10 - 49 C.F.R. § 192.605(b)(8): The Notice alleged BUECI did not
complete periodic reviews of work done by operator personnel to determine the effectiveness
and adequacy of their procedures. Specifically, the Notice alleged that PHMSA observed issues
during the inspection such as incorrect use of forms, inadequate leakage detection, and incorrect
use of odorization equipment, which could have been discovered and addressed via this process
of evaluation for effectiveness and adequacy of procedures. Respondent does not contest the
allegation of violation as alleged in the Notice As such, PHMSA finds a violation of 49 C.F.R. §
192.605(b)(8).
20. Item 11 - 49 C.F.R. § 192.615(b)(2): The Notice alleged BUECI did not
complete documentation demonstrating the effectiveness of the emergency training.
Specifically, the Notice alleged that BUECI could not provide records of the last personnel
emergency training or emergency training effectiveness evaluations. Respondent does not
contest the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of
49 C.F.R. § 192.615(b)(2).
21. Item 12 - 49 C.F.R. § 192.615(b)(3): The Notice alleged BUECI failed to
complete the required documentation indicating a review of employee activities was
accomplished following an emergency as required in BUECI's operations and maintenance
manual. Respondent does not contest the allegation of violation as alleged in the Notice. As
such, PHMSA finds a violation of 49 C.F.R. § 192.615(b)(3).
22. Item 13 - 49 C.F.R. § 192.615(a)(c)(1): The Notice alleged BUECI did not
maintain liaison with appropriate entities as required. Specifically, the Notice alleged that during
the inspection, BUECI could not provide records of meetings, training sessions, or other related
activities to indicate liaison was maintained with appropriate fire, police, and other public
officials and utility owners. Respondent does not contest the allegation of violation as alleged in
the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.615(a)(c)(1).
23. Item 14 - 49 C.F.R. § 192.625(/): The Notice alleged BUECI had several
violations of § 192.625 regarding the odorization of gas. Specifically, the Notice alleged four (4)
separate instances of violation. Respondent does not contest the allegation of violation as alleged
in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.625(f).



24. Item 16 - 49 C.F.R. § 192.707(c): The Notice alleged BUECI failed to provide
adequate signage for aboveground piping infrastructure as required. Specifically, the Notice
alleged that during inspection, PHMSA observed that the Barrow pressure relief valve (PRV)
station had incorrect signage at multiple locations. BUECI contested this Item, however after
discussions during informal settlement conferences, both parties agree BUECI was in violation
of this item. As such, PHMSA finds a violation of 49 C.F.R. § 192.707(c).
25. Item 17 - 49 C.F.R. § 192.721(a): The Notice alleged BUECI did not follow its
procedure requiring patrols in business districts on a quarterly basis as required. Specifically, the
Notice alleged that during inspection, BUECI could not provide any records documenting it had
conducted the patrols as required by its procedures. Respondent does not contest the allegation of
violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.721(a).
26. Item 18 - 49 C.F.R. § 192.723(a) and (b)(1): The Notice alleged BUECI failed to
complete leakage surveys within business districts at intervals not exceeding 15 months but at
least once each calendar year as required. Specifically, the Notice alleged that the records
BUECI provided during the inspection documenting leakage surveys were incomplete and
inadequate. Respondent does not contest the allegation of violation as alleged in the Notice. As
such, PHMSA finds a violation of 49 C.F.R. § 192.723(a) and (b)(1).
27. Item 19 - 49 C.F.R. § 192.747(a): The Notice alleged BUECI failed to properly
document annual valve inspections as required. Specifically, the Notice alleged that valve
inspections were inadequately documented in multiple instances. Respondent does not contest
the allegation of violation as alleged in the Notice. As such, PHMSA finds a violation of 49
C.F.R. § 192.747(a).
28. Item 21 - 49 C.F.R. § 192.807: The Notice alleged BUECI failed to ensure that
qualifications for individuals performing covered tasks were verified through evaluation as
required. Specifically, the Notice alleged that during inspection, PHMSA reviewed records that
suggested there were multiple instances where operator qualification (OQ) records were
inadequately documented. Respondent does not contest the allegation of violation as alleged in
the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.807.
29. Item 22 - 49 C.F.R. § 192.1007(/): The Notice alleged BUECI failed to re-evaluate its
Distribution Integrity Management Plan (DIMP) every five years. Specifically, the Notice
alleged that there were multiple instances of inadequate documentation regarding the re-
evaluation of BUECI's DIMP plan. Respondent does not contest the allegation of violation as
alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.1007(f).
30. Items 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 16, 17, 18, 19, 21, and 22 will be
considered by PHMSA as prior offenses in any future PHMSA enforcement action taken against
Respondent for the five (5)-year period following the Effective Date of this Agreement.



III. Warning Items:
31. Item 9 - 49 C.F.R. § 192.605(a): The Notice alleged that BUECI failed to follow
their own procedure to ensure supervisor/managerial staff acknowledged, evaluated, and
properly filed PRV station regulator inspections as required. This Item was brought as a
Warning Item and does not constitute a finding of violation.
32. Item 15 - 49 C.F.R. § 192.625(/): The Notice alleged BUECI's odorant test
station environment was inadequate and failed to comply with the requirements of § 192.625.
This Item was brought as a Warning Item and does not constitute a finding of violation.
Respondent accepts the warning as alleged in the Notice.
33. Item 20 - 49 C.F.R. § 192.751(a): The Notice alleged that BUECI failed to
minimize the danger of possible ignition within a building as required. . This Item was brought
as a Warning Item and does not constitute a finding of violation.
34. For Warning Items 9, 15, and 20, if OPS finds a violation of these provisions in a
subsequent inspection, Respondent may be subject to future enforcement action.
IV. Civil Penalty:
35. Item 5: The Notice proposed assessing a civil penalty in the amount of $35,300
for Item 5. Respondent requested a reduction of the proposed civil penalty. Regarding this Item,
there is no reason based on the civil penalty factors indicating reconsideration of penalty amount
is appropriate. It is determined that the proposed civil penalty for Item 6 was properly assessed
based on the civil penalty factors.
36. Item 6: The Notice proposed assessing a civil penalty in the amount of $46,500
for Item 6. Regarding this Item there are no civil penalty factors indicating reconsideration of
penalty amount is appropriate. It is determined that the proposed civil penalty for Item 6 was
properly assessed based on the civil penalty factors.
37. Respondent requested a reduction of the proposed civil penalties for Item 5 and
Item 6 and PHMSA has agreed to reduce the overall civil penalties based on BUECI's small
business classification. PHMSA agrees to reduce the overall civil penalties by $49,080 based on
the specific circumstances in this case in consideration of BUECI's small business classification,
as BUECI is a small nonprofit utility cooperative.
38. Respondent shall pay an adjusted civil penalty in the amount of $32,720 for Item
5 and Item 6, pursuant to the payment instructions at 49 C.F.R. § 190.227(a). In further
consideration of BUECI's status as a small business, the civil penalty is to be paid in full within
90 days of the Effective Date of this agreement.



V. Compliance Order:
39. Item 1: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order
and stated that it had filed an amended 2021 annual report to include all 45 locates for that year.
PHMSA has reviewed the amended report and finds this proposed compliance Item has been
satisfied.
40. Item 2: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order
and asserted it had commenced the process of replacing the wood pipeline supports with steel
supports. BUECI has asked for an extension of time to complete this task. PHMSA
acknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.
As such, Respondent agrees to undertake the following corrective measures:
In regard to Item 2 pertaining to combustible material supporting pipeline infrastructure,
BUECI must replace all combustible material pipeline supports with noncombustible material
within 630 days of the Effective Date and submit documentation that this action was completed
to the Director.
41. Item 3: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order
and stated it was in the process of updating its operations maintenance and emergency manual.
PHMSA acknowledges BUECI's efforts in working towards satisfying this proposed compliance
Item. As such, Respondent agrees to undertake the following corrective measures:
In regard to Item 3 pertaining to plastic joining written procedures, BUECI must provide
written procedures for plastic joint fabrications within 90 days of the Effective Date and submit
documentation that this action was completed to the Director.
42. Item 4: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order
and stated it had made progress regarding documentation of inspector qualifications. PHMSA
acknowledges BUECI's efforts in working towards satisfying this proposed compliance Item. As
such, Respondent agrees to undertake the following corrective measures:
In regard to Item 4 pertaining to the inspector qualification for inspecting plastic pipe,
BUECI must provide training records of all currently qualified plastic joint inspectors as well as
ensure all prior plastic joining inspections were completed by a qualified inspector or identify all
plastic joints that were not inspected by a qualified inspector within 270 days of the Effective
Date and submit documentation that this action was completed to the Director.



43. Item 5: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order
and stated it modified the ventilation for the metering and service-regulator box. PHMSA has not
received documentation to review and determine if this compliance Item satisfied. As such,
Respondent agrees to undertake the following corrective measures:
In regard to Item 5 pertaining to the metering and service-regulator box for the Ilisagvik
College, BUECI must provide adequate ventilation for the metering and service-regulator box
within 30 days of the Effective Date and submit documentation that this action was completed to
the Director.
44. Item 6: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order
but requested an extension to complete the proposed compliance Item based on discussions with
its contractor regarding timelines and in consideration of the constraints placed on the
Respondent due to weather and ability to access the system. PHMSA acknowledges these
obstacles and agrees to extend the deadline for compliance. As such, Respondent agrees to
undertake the following corrective measures:
In regard to Item 6 pertaining to atmospheric corrosion monitoring, BUECI must provide
records demonstrating both the Barrow and NARL systems were completely and adequately
inspected for atmospheric corrosion over the previous 3-year period as well as clean and coat all
indicated instances of active atmospheric corrosion identified within 730 days of the Effective
Date and submit documentation that this action was completed to the Director.
45. Item 7: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order
and attached what it stated was its current gas composition records. Following the issuance of the
Notice, BUECI provided records from calendar years 2018-2024. PHMSA reviewed the records
provided and determined that the records demonstrate compliance with the regulation. PHMSA
has reviewed the provided records and finds this proposed compliance Item has been satisfied.
46. Item 8: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent did not contest the Proposed Compliance Order
and stated it has made progress but not completed the proposed compliance Item. PHMSA
acknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.
As such, Respondent agrees to undertake the following corrective measures:
In regard to Item 8 pertaining to the operations and maintenance manual revisions,
BUECI must conduct reviews of the operations and maintenance manual and provide the most
recent revision log within 90 days of the Effective Date.



47. Item 10: The Notice proposed certain compliance order actions to address the
non-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance
Order and stated it has made progress but not completed the proposed compliance Item. PHMSA
acknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.
As such, Respondent agrees to undertake the following corrective measures:
In regard to Item 10 pertaining to periodic reviews of work, BUECI must provide records
demonstrating a recent review of the work done by personnel was conducted to determine the
effectiveness and adequacy of its procedures or conduct a review of the work done by personnel
to determine the effectiveness and adequacy of the procedures within 270 days of the Effective
Date and submit documentation that this action was completed to the Director.
48. Item 11: The Notice proposed certain compliance order actions to address the
non-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance
Order and stated it has made progress but not completed the proposed compliance Item. PHMSA
acknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.
As such, Respondent agrees to undertake the following corrective measures:
In regard to Item 11 pertaining to emergency procedure training, BUECI must provide
records demonstrating employees are trained on emergency procedures or conduct an employee
training on emergency procedures within 180 days of the Effective Date and submit
documentation that this action was completed to the Director.
49. Item 12: The Notice proposed certain compliance order actions to address the
non-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance
Order and stated it has made progress but not completed the proposed compliance Item. PHMSA
acknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.
As such, Respondent agrees to undertake the following corrective measures:
In regard to Item 12 pertaining to employee activities during an emergency, BUECI must
provide records of the March 11, 2020, emergency response or conduct an emergency drill to
determine whether employee activities during a simulated emergency are effective within 365
days of the Effective Date and submit documentation that this action was completed to the
Director.
50. Item 13: The Notice proposed certain compliance order actions to address the
non-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance
Order and stated it had contacted the Dispatch Supervisor with the North Slope Borough Police
Department in December 2023 and was planning to meet with other entities in 2024. PHMSA
acknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.
As such, Respondent agrees to undertake the following corrective measures:



In regard to Item 13 pertaining to maintain liaison with appropriate public entities,
BUECI must provide records of maintained liaison with public entities or conduct a meeting,
training session, or other related activity to indicate liaison was made with appropriate public
entities within 365 days of the Effective Date and submit documentation that this action was
completed to the Director.
51. Item 14: The Notice proposed certain compliance order actions to address the
non-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance
Order and stated it was working to order two Odorator 2s, and that it intends to have a calibration
schedule with alternating calibration dates for each of the new odorators. Additionally, BUECI
stated it had reviewed its procedure with its crew and removed the chart that did not pertain to
the Bacharach odorameter, as well as commencing with the use of the correct form. PHMSA
acknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.
As such, Respondent agrees to undertake the following corrective measures:
In regard to Item 14 pertaining to records for odorization of gas, BUECI must ensure the
odorization records contain clear and objective data from this point forward and ensure the
Bacharach Odorometer is properly calibrated within 365 days of the Effective Date and submit
documentation that this action was completed to the Director.
52. Item 16: The Notice proposed certain compliance order actions to address the
non-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance
Order, except where it pertained to the NARL PRV station, and stated it has corrected the PRV
station signage. PHMSA has not received documentation to review and determine if this
compliance Item has been satisfied. As such, Respondent agrees to undertake the following
corrective measures:
In regard to Item 16 pertaining to line markers, BUECI must correct all signage of the
PRV station to include the proper verbiage required by code within 30 days of the Effective Date
and submit photographic evidence documenting that this action was completed to the Director.
53. Item 17: The Notice proposed certain compliance order actions to address the
non-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance
Order and stated it has made progress but not completed the proposed compliance Item. PHMSA
acknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.
As such, Respondent agrees to undertake the following corrective measures:
In regard to Item 17 pertaining to patrolling, BUECI must conduct quarterly patrols
within the business districts and semi-annually outside of business districts of the distribution
systems, as defined in its procedures, from this point forward after the Effective Date. BUECI
must submit documentation demonstrating compliance with § 192.721 for calendar year 2025 no
later than January 6, 2026. This documentation shall be submitted in one complete package and



must include the date of patrols, individuals performing the patrols, patrol location, and
equipment utilized.
54. Item 18: The Notice proposed certain compliance order actions to address the
non-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance
Order and stated it has made progress but not completed the proposed compliance Item. PHMSA
acknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.
As such, Respondent agrees to undertake the following corrective measures:
In regard to Item 18 pertaining to leakage surveys, BUECI must provide documentation
demonstrating all locations within the business district were surveyed or conduct a survey which
includes all locations within the business district within 365 days of the Effective Date and
submit documentation that this action was completed to the Director.
55. Item 19: The Notice proposed certain compliance order actions to address the
non-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance
Order and stated it has made progress but not completed the proposed compliance Item. PHMSA
acknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.
As such, Respondent agrees to undertake the following corrective measures:
In regard to Item 19 pertaining to valve maintenance, BUECI must document valve
maintenance on the form, and as described in its procedures, with clear and objective data
demonstrating each valve and each location were identified properly, from this point forward
after the Effective Date.
56. Item 21: The Notice proposed certain compliance order actions to address the
non-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance
Order and stated it has made progress but not completed the proposed compliance Item. PHMSA
acknowledges BUECI's efforts in working towards satisfying this proposed compliance Item.
As such, Respondent agrees to undertake the following corrective measures:
In regard to Item 21 pertaining to operator qualifications, BUECI must provide
documentation demonstrating all employees are currently qualified or conduct training to
demonstrate all employees are currently qualified within 365 days of the Effective Date and
submit documentation that this action was completed to the Director.
57. Item 22: The Notice proposed certain compliance order actions to address the
non-compliance alleged in the Notice. Respondent did not contest the Proposed Compliance
Order but requested an extension to come into compliance based on the limited number of
employees available to work on all of the compliance Items. PHMSA acknowledges this obstacle
and agrees to a modified timeline. As such, Respondent agrees to undertake the following
corrective measures:



In regard to Item 22 pertaining to the DIMP manual, BUECI must review and update as
necessary its DIMP manual and incorporate any new distribution systems within 90 days of the
Effective Date and submit documentation that this action was completed to the Director.
VI. Enforcement:
58. This Agreement is subject to all enforcement authorities available to PHMSA
under 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties
under 49 U.S.C. § 60122, of up to $266,015 per violation for each day the violation continues
and referral of the case to the Attorney General for judicial enforcement, if PHMSA determines
that Respondent is not complying with the terms of this Agreement in accordance with the
determinations made by the Director, or in accordance
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