{"operation":"document","citation":"CPF 52023051NOA","title":"PALO ALTO, CITY OF — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-10-27","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(1), 192.616(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023051noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023051noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023051noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023051NOA","body":"Notice of Amendment involving PALO ALTO, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.605(b)(1),  192.616(c). The case was opened on 2023-10-27 and is reported as closed as of 2024-03-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023051NOA_Closure Letter_03262024_(22-246104).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Closure%20Letter_03262024_(22-246104).pdf\n\n52023051NOA_Closure Letter_03262024_(22-246104)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Closure%20Letter_03262024_(22-246104)_text.pdf\n\n52023051NOA_Notice of Amendment_10272023_(22-246104).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Notice%20of%20Amendment_10272023_(22-246104).pdf\n\n52023051NOA_Notice of Amendment_10272023_(22-246104)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Notice%20of%20Amendment_10272023_(22-246104)_text.pdf\n\n52023051NOA_Operator Response to Notice_12222023_(22-246104).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023051NOA/52023051NOA_Operator%20Response%20to%20Notice_12222023_(22-246104).pdf\n\n52023051NOA_Closure Letter_03262024_(22-246104)_text.pdf\n\nVIA ELECTRONIC MAIL TO: ED.SHIKADA@CITYOFPALOALTO.ORG\nMarch 26, 2024\nMr. Ed Shikada\nAssistant City Manager\nCity of Palo Alto\n250 Hamilton Avenue\nPalo Alto, CA 94301\nCPF 5-2023-051-NOA\nClosure Letter\nDear Mr. Shikada:\nOn August 15 through 19, 2022, representatives of the California Public Utilities Commission\n(CPUC), on behalf of the Pipeline and Hazardous Materials Safety Administration (PHMSA),\npursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected the City of Palo Alto\n(CPA) Utilities natural gas distribution system Damage Prevention procedures and records. As a\nresult of the inspection, CPA was issued a Notice of Amendment on October 27, 2023, which\nproposed amendment of your procedures.\nCPA submitted its amended procedures on December 22, 2023. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\n\n\n\ncc. PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#22-246104)\nDean Batchelor, Director Utilities, dean.batchelor@cityofpaloalto.org\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch California Public\nUtilities Commission\n\n52023051NOA_Notice of Amendment_10272023_(22-246104)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: ED.SHIKADA@CITYOFPALOALTO.ORG\nOctober 27, 2023\nMr. Ed Shikada\nAssistant City Manager\nCity of Palo Alto\n250 Hamilton Avenue\nPalo Alto, CA 94301\nCPF 5-2023-051-NOA\nDear Mr. Shikada:\nOn August 15 through 19, 2022, representatives of the California Public Utilities Commission\n(CPUC), on behalf of the Pipeline and Hazardous Materials Safety Administration (PHMSA),\npursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected the City of Palo Alto\nUtilities (CPA) natural gas distribution system’s damage prevention procedures and records.\nOn the basis of this inspection, PHMSA has identified the apparent inadequacy found within the\nCPA’s procedures, as described below:\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) Operating, maintaining, and repairing the pipeline in accordance with each of\nthe requirements of this subpart and subpart M of this part.\n\n\n\nCPA’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, CPA’s Operations and Maintenance (O&M) manual does not contain procedures\nfor the maintenance and calibration of equipment used in joining plastic pipe1\n.\nTherefore, CPA must amend its procedures to include detailed instructions for the maintenance\nand calibration of all equipment used in the joining of plastic pipe.\n2. § 192.616 Public awareness.\n(a) …\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why compliance\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nCPA’s procedures were inadequate to ensure the safe operation of a pipeline facility.\nSpecifically, the CPA Public Awareness Program fails to consider or define use of relevant\nfactors listed in API RP 1162 Section 6.2 IBR2. CPA must amend its Public Awareness Program\nto consider and define use of relevant factors listed in API RP 1162 Section 6.2.\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\nEnforcement 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\n1 § 192.756 Joining plastic pipe by heat fusion; equipment maintenance and calibration.\n2 § 192.7(b)(5) API Recommended Practice 1162, “Public Awareness Programs for Pipeline Operators,” 1st edition,\nDecember 2003, (API RP 1162), IBR approved for § 192.616(a), (b), and (c).\n\n\n\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 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 City of Palo Alto maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter,\nplease refer to CPF 5-2023-051-NOA and, for each document you submit, please provide a copy\nin electronic format whenever possible. Please copy the CPUC Program Manager on all\ncorrespondence.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc. PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#22-246104)\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch California Public\nUtilities Commission","truncated":false,"body_characters":8052}