{"operation":"document","citation":"CPF 52024013NOA","title":"MIDWAY SUNSET COGENERATION CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-07-11","effective_on":null,"summary":"CLOSED notice of amendment citing 192.465(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024013noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024013noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024013noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52024013NOA","body":"Notice of Amendment involving MIDWAY SUNSET COGENERATION CO. PHMSA's enforcement data identifies the cited regulation as 192.465(d). The case was opened on 2024-07-11 and is reported as closed as of 2024-08-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52024013NOA_Closure Letter_08212024_(23-264914).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024013NOA/52024013NOA_Closure%20Letter_08212024_(23-264914).pdf\n\n52024013NOA_Closure Letter_08212024_(23-264914)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024013NOA/52024013NOA_Closure%20Letter_08212024_(23-264914)_text.pdf\n\n52024013NOA_Notice of Amendment_07112024_(23-264914).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024013NOA/52024013NOA_Notice%20of%20Amendment_07112024_(23-264914).pdf\n\n52024013NOA_Notice of Amendment_07112024_(23-264914)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024013NOA/52024013NOA_Notice%20of%20Amendment_07112024_(23-264914)_text.pdf\n\n52024013NOA_Operator Response to Notice_08092024_(23-264914).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024013NOA/52024013NOA_Operator%20Response%20to%20Notice_08092024_(23-264914).pdf\n\n52024013NOA_Closure Letter_08212024_(23-264914)_text.pdf\n\nVIA ELECTRONIC MAIL TO: gjans@midwaysunset.com\nAugust 21, 2024\nMr. Greg Jans\nPlant Manager\nMidway Sunset Cogeneration\n3466 W. Crocker Springs Road\nFellows, California 93224\nCPF 5-2024-013-NOA\nClosure Letter\nDear Mr. Jans:\nFrom March 6, 2023, through March 9, 2023, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), inspected Midway Sunset Cogeneration's (Midway)\nnatural gas transmission line from the Kern River tie-in to the Midway Plant in Fellows,\nCalifornia. As a result of the inspection, Midway was issued a Notice of Amendment on July 11,\n2024, which proposed amendment of your procedures.\nMidway submitted its amended procedures on August 9, 2024. My staff reviewed the amended\nprocedures, and it appears that the inadequacy outlined in this Notice of Amendment has 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. Williams, J. Luo (#23-264914)\nLowell Pollema, Executive Director - lpollema@midwaysunset.com\nMichael Williams, DOT Primary Compliance - mwilliams@midwaysunset.com\n\n52024013NOA_Notice of Amendment_07112024_(23-264914)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: GREG JANS AND MICHAEL WILLIAMS\nJuly 11, 2024\nMr. Greg Jans\nExecutive Operator\nMidway Sunset Cogeneration\n3466 W. Crocker Springs Road\nFellows, California 93224\nCPF 5-2024-013-NOA\nDear Mr. Jans:\nFrom March 6, 2023, through March 9, 2023, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), inspected Midway Sunset Cogeneration's (Midway)\nnatural gas transmission line from the Kern River tie-in to the Midway Plant in Fellows,\nCalifornia. As a result of the inspection, PHMSA has identified the apparent inadequacies found\nwithin Midway’s plans or procedures. The item inspected and the inadequacy is described\nbelow:\n1. § 192.465 External corrosion control: Monitoring and remediation.\n(a) . . . .\n(d) Each operator must promptly correct any deficiencies indicated by the\ninspection and testing required by paragraphs (a) through (c) of this section. For\nonshore gas transmission pipelines, each operator must develop a remedial action\nplan and apply for any necessary permits within 6 months of completing the\ninspection or testing that identified the deficiency. Remedial action must be\ncompleted promptly, but no later than the earliest of the following: prior to the next\ninspection or test interval required by this section; within 1 year, not to exceed 15\n\n\n\nmonths, of the inspection or test that identified the deficiency; or as soon as\npracticable, not to exceed 6 months, after obtaining any necessary permits.\nMidway’s procedures for corrosion control monitoring were inadequate to ensure the safe\noperation of a pipeline as required by § 192.465(d). Specifically, a review of Midway’s written\nCorrosion Control Inspection Procedure, located within the Operations and Maintenance Manual,\nshowed that Midway lacked a stipulated timeline or timeframe for completing remediation after\nidentification. Midway’s procedure for monitoring and remediating deficiencies does not state an\nexplicit time period by which a corrective action plan will be developed and implemented in\naccordance with § 192.465(d). See, Section 105 of Midway’s Corrosion Control Inspection\nProcedure, Exhibit C. Midway’s procedure must designate a timeline for remedial action in\naccordance with the regulation.\nAccordingly, Midway must amend its procedures to fully conform to the requirements of\n§ 192.465(d).\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\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\n\n\n\nrefer to CPF 5-2024-013-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. Williams, J. Luo (#23-264914)\nMichael Williams, DOT Primary Compliance - MWilliams@midwaysunset.com","truncated":false,"body_characters":7821}