{"operation":"document","citation":"CPF 52024018WL","title":"LOS ANGELES WATER & POWER — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-05-13","effective_on":null,"summary":"CLOSED warning letter.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024018wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024018wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024018wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52024018WL","body":"Warning Letter involving LOS ANGELES WATER & POWER. PHMSA's enforcement data identifies the cited regulation as 60108(2)(E),  60108(a)(2)(D)(ii). The case was opened on 2024-05-13 and is reported as closed as of 2024-05-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52024018WL_Operator Response to Notice_03062025_(22-246115).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024018WL/52024018WL_Operator%20Response%20to%20Notice_03062025_(22-246115).pdf\n\n52024018WL_Warning Letter_05132024_(22-246115).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024018WL/52024018WL_Warning%20Letter_05132024_(22-246115).pdf\n\n52024018WL_Warning Letter_05132024_(22-246115)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024018WL/52024018WL_Warning%20Letter_05132024_(22-246115)_text.pdf\n\n52024018WL_Warning Letter_05132024_(22-246115)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: Norman.Cahill@ladwp.com\nMay 13, 2024\nMr. Norman Cahill\nDirector of Power Supply Operations\nLos Angeles Department of Water and Power\n111 N. Hope St., Room 949\nLos Angeles, CA 90012\nCPF 5-2024-018-WL\nDear Mr. Cahill:\nOn May 9, 2022, a representative of the California Public Utilities Commission on behalf of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of\n49 United States Code (U.S.C.), virtually inspected your operations and maintenance (O&M)\nmanuals for the Los Angeles Department of Power and Water (LADWP) Harbor Generating\nStation gas transmission pipeline located in Long Beach, California.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. 49 U.S.C. § 60108. Inspection and maintenance\n(a) . . .\n(2) If the Secretary or a State authority responsible for enforcing standards\nprescribed under this chapter decides that a plan required under paragraph (1) of\nthis subsection is inadequate for safe operation, the Secretary or authority shall\nrequire the person to revise the plan. . . . In deciding on the adequacy of a plan, the\n\n\n\nSecretary or authority shall consider—\n(A) . . .\n(D) the extent to which the plan will contribute to—\n(i) public safety;\n(ii) eliminating hazardous leaks and minimizing releases of natural gas from\npipeline facilities; …\nThe LADWP's O&M Manual does not identify processes or procedures for minimizing releases\nof natural gas from pipeline facilities as required by 49 U.S.C. § 60108(a)(2)(D). Specifically,\nLADWP’s O&M Manual §6.2.4 mentions leak prone segments and states that cast iron and\nvintage plastic do not exist in their pipeline system. However, the O&M Manual does not\ndiscuss any programs or processes to monitor for and identify pipe segments that may be leak-\nprone nor provides any thresholds or criteria for determining whether a pipeline segment is leak-\nprone.\n2. 49 U.S.C. § 60108. Inspection and maintenance\n(a) . . .\n(2) If the Secretary or a State authority responsible for enforcing standards\nprescribed under this chapter decides that a plan required under paragraph (1) of\nthis subsection is inadequate for safe operation, the Secretary or authority shall\nrequire the person to revise the plan. . . . In deciding on the adequacy of a plan, the\nSecretary or authority shall consider—\n(A) . . .\n(E) the extent to which the plan addresses the replacement or remediation of\npipelines that are known to leak based on the material (including cast iron,\nunprotected steel, wrought iron, and historic plastics with known issues), design, or\npast operating and maintenance history of the pipeline.\nThe LADWP's O&M Manual does not address the replacement or remediation of pipelines that\nare known to leak based on the material (including cast iron, unprotected steel, wrought iron, and\nhistoric plastics with known issues), design, or past operating and maintenance history of the\npipeline as required by 49 U.S.C. § 60108(a)(2)(E).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a\nrelated series of violations. For violation occurring on or after January 6, 2023 and before\nDecember 28, 2023, the maximum penalty may not exceed $257,664 per violation per day the\nviolation persists, up to a maximum of $2,576,627 for a related series of violations. For violation\noccurring on or after March 21, 2022 and before January 6, 2023, the maximum penalty may not\nexceed $239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for\na related series of violations. For violation occurring on or after May 3, 2021 and before March\n21, 2022, the maximum penalty may not exceed $225,134 per violation per day the violation\npersists, up to a maximum of $2,251,334 for a related series of violations. For violation\noccurring on or after January 11, 2021 and before May 3, 2021, the maximum penalty may not\nexceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for\n\n\n\na related series of violations. For violation occurring on or after July 31, 2019 and before\nJanuary 11, 2021, the maximum penalty may not exceed $218,647 per violation per day the\nviolation persists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nthe Los Angeles Department of Water and Power being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2024-018-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc. PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#22-246115)\nTerrence Eng, Program Manager, Gas Safety and Reliability Branch California Public\nUtilities Commission","truncated":false,"body_characters":7002}