Proceeding Number I.14-11-008 SAFETY AND ENFORCEMENT DIVISION’S APPLICATION FOR REHEARING

ABSTRACT: Re: BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Investigation And Order to Show Cause on the Commission’s Own Motion into the Operations and Practices of Pacific Gas and Electric Company with Respect to Facilities Records for its Natural Gas Distribution System Pipelines, the SAFETY AND ENFORCEMENT DIVISION’S APPLICATION FOR REHEARING document copy is embedded. INTRODUCTION Pursuant to Rule 16.1 of the Commission’s Rules of Practice and Procedure (“Rules”), the Safety and Enforcement Division (“SED”) hereby submits its application for rehearing of Decision (“D.”) 16-08-020 (“Decision”). Rule 16.1(c) explains that “[t]he purpose of an application for rehearing is to alert the Commission to a legal error, so that the Commission may correct it expeditiously.”1 To that end, SED advises the Commission that the Decision errs in its determination regarding PG&E’s violation of 49 Code of Federal Regulations (“CFR”) § 192.619, which is related to maximum allowable operating pressure (“MAOP”). The Decision’s determination that SED did not meet its burden in proving the 49 CFR § 192.619 violation is not supported by substantial evidence in light of the record, which includes PG&E’s admission to that violation. The Commission further errs in failing to adopt SED’s fine recommendation regarding MAOP, which was not disputed by PG&E in the event that PG&E was found in violation of that code section.

There are other errors in the Decision which will also be identified in this application. First, the Decision erroneously asserts that PG&E’s system is generally complaint and that “a system that works over 99% of the time is not a system in need of improvement.”2 Second, the Decision uses the wrong end date for the missing De Anza Records violations. Third, the Decision erroneously describes the applied fine for the Fresno Incident.
CONCLUSION For the foregoing reasons, SED’s recommendations should be adopted.

Safety and Enforcement Division’s Application for Rehearing 9-26-16 by L. A. Paterson on Scribd

FILED 9-26-16
SAFETY AND ENFORCEMENT DIVISION’S APPLICATION FOR REHEARING

Proceeding Number I.14-11-008 SAFETY AND ENFORCEMENT DIVISION’S APPEAL OF THE PRESIDING OFFICER’S DECISION

ABSTRACT: Re: BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Investigation And Order to Show Cause on the Commission’s Own Motion into the Operations and Practices of Pacific Gas and Electric Company with Respect to Facilities Records for its Natural Gas Distribution System Pipelines, the SAFETY AND ENFORCEMENT DIVISION’S APPEAL OF THE PRESIDING OFFICER’S DECISION document copy is embedded.

INTRODUCTION Pursuant to Rule 14.4 of the Commission’s Rules of Practice and Procedure (“Rules”), the Safety and Enforcement Division (“SED”) hereby submits its appeal of the Presiding Officer’s Decision, dated: June 1, 2016 (“POD”). In the POD, SED supports PG&E having been found in violation regarding systemic recordkeeping flaws, and the imposition of fines. However, SED recommends that its initial penalty assessment be adopted. If not, then SED recommends the following modifications to the POD, harmonizing its assessment with the POD’s analysis. A redlined version of the POD, including the suggested edits, has been included as Attachment 1. SED’s proposed modifications result in a fine of approximately $55 million.
CONCLUSION SED recommends that its initial penalty assessment be adopted. However, if not, then SED recommends the abovementioned modifications to the POD, harmonizing its assessment with the POD’s analysis.

Safety and Enforcement Division’s Appeal of Presiding Officer's Decision 7-01-16 by L. A. Paterson on Scribd

FILED 7-01-16
SAFETY AND ENFORCEMENT DIVISION’S APPEAL OF THE PRESIDING OFFICER’S DECISION

Attachment 1 7-01-16 by L. A. Paterson on Scribd

FILED 7-01-16
Attachment 1

Proceeding Number I.14-11-008 REPLY BRIEF OF THE SAFETY AND ENFORCEMENT DIVISION

ABSTRACT: Re: BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Investigation And Order to Show Cause on the Commission’s Own Motion into the Operations and Practices of Pacific Gas and Electric Company with Respect to Facilities Records for its Natural Gas Distribution System Pipelines, the REPLY BRIEF OF THE SAFETY AND ENFORCEMENT DIVISION document copy is embedded.

Reply Brief of the Safety and Enforcement Division

Filing Date 4-01-16
REPLY BRIEF OF THE SAFETY AND ENFORCEMENT DIVISION

Proceeding Number I.14-11-008 OPENING BRIEF OF THE SAFETY AND ENFORCEMENT DIVISION

ABSTRACT: Re: BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Order Instituting Investigation And Order to Show Cause on the Commission’s Own Motion into the Operations and Practices of Pacific Gas and Electric Company with Respect to Facilities Records for its Natural Gas Distribution System Pipelines, the OPENING BRIEF OF THE SAFETY AND ENFORCEMENT DIVISION document copy is embedded.  Importantly, Carmel House Explosion: Based on the available evidence, SED recommends that this violation be assessed from the plastic insert manufacturing date of July 17, 1997, until the incident date on March 3, 2014. From July 17, 1997 until December 31, 2011, SED recommends a maximum base fine of $20,000 per PU Code § 2107. From January 1, 2012 until March 3, 2014, SED recommends a maximum base fine of $50,000 per PU Code § 2107. Given the gravity of the explosion, SED recommends compounding the violation weekly, during the subject time period per PU Code § 2108. This results in a fine of $20.73 million. CONCLUSION For the abovementioned reasons, PG&E should be found in violation of the identified code sections, fined $111.926 million, and ordered to commence the identified remedial measures.

Opening Brief of the Safety and Enforcement Division 2-26-16

Filing Date 2-26-16
OPENING BRIEF OF THE SAFETY AND ENFORCEMENT DIVISION