MIDWAY SUNSET COGENERATION CO — Notice of Probable Violation

party submissionOfficial PDF52024009NOPV_Operator Response to Notice_04032024_(22-239217).pdf#

case documentOfficial PDF52024009NOPV_PCO_ 03042024_(22-239217).pdf#

case documentOfficial PDF52024009NOPV_PCO_ 03042024_(22-239217)_text.pdf#

52024009NOPV_Final Order_05082024_(22-239217)_text.pdf, page 1Official PDFMay 8, 2024 VIA ELECRONIC MAIL TO: lpollema@aeraenergy.com Lowell Pollema Executive Director Midway Sunset Cogeneration Company 3466 W. Crocker Springs Road Fellows, California 93224 Re: CPF No. 5-2024-009-NOPV Dear Mr. Pollema: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Western Region, this enforcement action will be 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. Greg Jans, Plant Manager, Midway Sunset Cogeneration Company, gjans@midwaysunset.com and management@midwaysunset.com Mr. Corey Lahammer, Plant Supervisor – Maintenance, Midway Sunset Cogeneration Company, clahammer@midwaysunset.com CONFIRMATION OF RECEIPT REQUESTED#

52024009NOPV_Final Order_05082024_(22-239217)_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 ) Midway Sunset Cogeneration Co., ) CPF No. 5-2024-009-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On March 4, 2024, pursuant to 49 C.F.R. § 190.207, the Director, Western Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation and Proposed Compliance Order (Notice) to Midway Sunset Cogeneration Company (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 192. The Notice also 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 regulation listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 192.631(a)(1)(ii) (Item 1) ─ Respondent failed to have and follow written control room management procedures that addressed fatigue, compliance validation, and compliance and deviations as required by § 192.631(d), (i), and (j). This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. Compliance Actions Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violation. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of the ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States.#

52024009NOPV_Final Order_05082024_(22-239217)_text.pdf, page 3The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. May 8, 2024 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#

52024009NOPV_Closure Letter_03252025_(22-239217)_text.pdf, page 1Official PDFVIA ELECTRONIC MAIL TO: lpollema@aeraenergy.com March 25, 2025 Mr. Lowell Pollema Executive Director Midway Sunset Cogeneration Company 3466 W. Crocker Springs Road Fellows, CA 93224 CPF 5-2024-009-NOPV Closure Letter Dear Mr. Pollema: On May 8, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to Midway Sunset Cogeneration Company (Midway) a Final Order in the above-referenced case. This Order included a Compliance Order. Based on our review of the documentation Midway provided on April 3, 2024, it has been determined that you have complied with the terms of this Order. Accordingly, this case is now closed and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, For Dustin Hubbard Director, Western Region Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry PHP-500 J. Dunphy (#22-239217) Mr. Greg Jans, Plant Manager, Midway Sunset Cogeneration Company, management@midwaysunset.com Mr. Corey Lahammer, Plant Supervisor – Maintenance, Midway Sunset Cogeneration Company, clahammer@midwaysunset.com#