{"operation":"document","citation":"CPF 52024008NOA","title":"MIDWAY SUNSET COGENERATION CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-03-04","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(a), 192.605(b)(1), 192.615(a), 192.631(a)(2), 192.805.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024008noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024008noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024008noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52024008NOA","body":"Notice of Amendment involving MIDWAY SUNSET COGENERATION CO. PHMSA's enforcement data identifies the cited regulations as 192.605(a),  192.605(b)(1),  192.615(a),  192.631(a)(2),  192.805. The case was opened on 2024-03-04 and is reported as closed as of 2024-05-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52024008NOA_Closure Letter_05232024_(22-239217).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024008NOA/52024008NOA_Closure%20Letter_05232024_(22-239217).pdf\n\n52024008NOA_Closure Letter_05232024_(22-239217)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024008NOA/52024008NOA_Closure%20Letter_05232024_(22-239217)_text.pdf\n\n52024008NOA_Notice of Amendment_ 03042024_(22-239217).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024008NOA/52024008NOA_Notice%20of%20Amendment_%2003042024_(22-239217).pdf\n\n52024008NOA_Notice of Amendment_ 03042024_(22-239217)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024008NOA/52024008NOA_Notice%20of%20Amendment_%2003042024_(22-239217)_text.pdf\n\n52024008NOA_Operator Response to Notice_04032024_(22-239217).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024008NOA/52024008NOA_Operator%20Response%20to%20Notice_04032024_(22-239217).pdf\n\n52024008NOA_Notice of Amendment_ 03042024_(22-239217)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: gjans@midwaysunset.com\nMarch 4, 2024\nMr. Greg Jans\nExecutive Director\nMidway Sunset Generation Co.\n3466 W. Crocker Springs Road\nFellows, CA 93224-0457\nCPF 5-2024-008-NOA\nDear Mr. Jans:\nFrom October 11 through 14, 2022, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nMidway Sunset Generation (Midway) company’s procedures for control room management in\nFellows, California.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nMidway’s plans or procedures, as described below:\n1. § 192.631 Control room management.\n(a) General.\n(1) …\n(2) The procedures required by this section must be integrated, as appropriate, with\noperating and emergency procedures required by §§ 192.605 and 192.615. …\nMidway’s procedures were inadequate to ensure the safe operation of a pipeline facility because\ntheir procedures did not address the process and criteria to determine which facilities are control\nrooms as is required by § 192.631(a)(2).\n\n\n\nAccordingly, Midway must amend its procedures to define the process and criteria they use to\ndetermine which facilities are control rooms.\n2. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least once each\ncalendar year. …\nMidway’s written procedures for pipeline operations were inadequate to ensure the safe\noperation of a pipeline facility as is required by § 192.605(a). Specifically, the Midway annual\nwork order to conduct a review of the DOT MSCC/MOJAVE gas pipeline operating manual\nconsists of a single instruction to conduct a review of DOT procedures. A single instruction fails\nto provide the reviewer adequate instruction concerning how to conduct and document the\nreview of DOT procedures. Accordingly, Midway must amend its procedures to provide\ndetailed instructions on how to conduct and document the annual review of all procedures\nsubject to § 192.605. The amended procedures must specifically address the review and\nupdating of the fatigue mitigation procedures required by § 192.631(d).\n3. § 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. …\nMidway’s procedures were inadequate to ensure the safe operation of a pipeline facility as is\nrequired by § 192.605(b)(1). Specifically, Midway’s procedures do not adequately describe each\ncontroller's physical domain of responsibility for pipelines and other facility assets. Midway\nSunset MW-00-01 Rev.3 1994 section 4.2.13 is a two-sentence statement describing the facilities\nunder the controller's physical domain of responsibility. As described during the inspection, the\ncontroller is responsible for the operation of the entire powerplant and directs its personnel in all\naspects of plant operations, not just pipeline operations. Accordingly, Midway must amend its\nprocedures to fully describe each controller's physical domain of responsibility for pipelines and\nother facility assets.\n4. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . .\n\n\n\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. …\nMidway’s procedures were inadequate to ensure the safe operation of a pipeline facility as is\nrequired by § 192.605(b)(1). Specifically, Midway Sunset MW-00-01 Rev.3 1994 does not\ndefine and identify the circumstances which require a point-to-point verification or the method\nby which to document the point-to-point verification. Accordingly, Midway must amend its\nprocedures to define the terms “point”, “critical point”, “safety related point” and identify the\ncircumstances which require a point-to-point verification. The amended procedures must\nprovide sufficiently detailed instructions for the documentation and records retention of each\npoint-to-point verification.\n5. § 192.615 Emergency plans.\n(a) Each operator shall establish written procedures to minimize the hazard\nresulting from a gas pipeline emergency. …\nMidway’s procedures were inadequate to ensure the safe operation of a pipeline facility as is\nrequired by § 192.615(a). Specifically, Midway Sunset MW-00-01 Rev.3 1994 does not\nspecifically address the controller's responsibilities in the event the control room must be\nevacuated. Midway has a series of procedures for certain emergencies like earthquake, bomb\nthreat, etc. but they fail to address evacuations specifically. Accordingly, Midway must amend\nits procedures to address the controller's responsibilities for continued safe operation in the event\nthe control room must be evacuated.\n6. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification program. …\nMidway’s procedures were inadequate to ensure the safe operation of a pipeline facility as is\nrequired by § 192.805. Specifically, Midway’s written qualification program does not address\nthe training and qualification of personnel to become an Operator Mechanic 1 (controller).\nAccordingly, Midway must amend its written qualification program to define the curriculum and\nexperience requirements for becoming an Operator Mechanic 1 (controller) as defined by §\n192.3.\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\n\n\n\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\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 Midway maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 5-2024-008-NOA and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\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 (#22-239217)\nCorey Lahammer, Plant Supervisor – Maintenance, clahammer@midwaysunset.com\n\n52024008NOA_Closure Letter_05232024_(22-239217)_text.pdf\n\nVIA ELECTRONIC MAIL TO: Management@midwaysunset.com\nMay 23, 2024\nMr. Lowell Pollema\nExecutive Director\nMidway Sunset Generation Co.\n3466 W. Crocker Springs Road\nFellows, CA 93224-0457\nCPF 5-2024-008-NOA\nClosure Letter\nDear Mr. Pollema:\nFrom October 11 through 14, 2022, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Midway\nSunset Generation (Midway) company’s procedures for control room management in Fellows,\nCalifornia. As a result of the inspection, Midway was issued a Notice of Amendment on March 4,\n2024, which proposed amendment of your procedures.\nMidway submitted its amended procedures on April 3, 2024. 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 for\nyour cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#22-239217)\nGreg Jans, Plant Manager, gjans@midwaysunset.com\nCorey Lahammer, Plant Supervisor – Maintenance, clahammer@midwaysunset.com","truncated":false,"body_characters":11520}