CPF 52023052NOPV
CPF 52023052NOPV
party submissionOfficial PDF52023052NOPV_Operator Response to Notice_12222023_(22-246104).pdf#
case documentOfficial PDF52023052NOPV_PCO_10272023_(22-246104).pdf#
case documentOfficial PDF52023052NOPV_PCO_10272023_(22-246104)_text.pdf#
52023052NOPV_Final Order_07252024_(22-246104)_text.pdf, page 1Official PDFJuly 25, 2024 VIA ELECTRONIC MAIL TO: ed.shikada@cityofpaloalto.org Mr. Ed Shikada City Manager City of Palo Alto 250 Hamilton Avenue Palo Alto, California 94301 Re: CPF No. 5-2023-052-NOPV Dear Mr. Shikada: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation and finds that the proposed actions to comply with the pipeline safety regulations have been completed. This case is now closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA Mr. Dean Batchelor, Director of Utilities, City of Palo Alto, dean.batchelor@cityofpaloalto.com CONFIRMATION OF RECEIPT REQUESTED#
52023052NOPV_Final Order_07252024_(22-246104)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) City of Palo Alto Utilities, ) CPF No. 5-2023-052-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On October 27, 2023, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to City of Palo Alto Utilities (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 192 and proposed certain measures to correct the violations. Respondent did not contest the allegations of violation or corrective measures. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 192.616(c) (Item 1) ─ Respondent failed to conduct an annual audit of the Public Awareness Program to measure program implementation as required by API RP 1162, Section 8. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. The Director has indicated that Respondent completed the actions proposed in the Notice to correct the violations. Therefore, it is not necessary to include the proposed compliance terms in this Final Order. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. July 25, 2024 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.