Category Archives: Valero Benicia Refinery

California Public Utilities Commission: PG&E at fault for Valero shutdown & toxic release

Repost from KQED California Report

CPUC Probe Says PG&E Mistakes Led to Benicia Refinery Outage

By Ted Goldberg, Jul 19, 2018

State regulators say that PG&E’s inadequate training of operations personnel and its slow response to the failure of an electrical component led to a power outage at a Benicia oil refinery last year.

The 18-minute power failure early the morning of May 5, 2017, disrupted operations at the Valero refinery, triggered a major release of toxic sulfur dioxide and prompted emergency shelter-in-place orders.

Fallout from the incident has included several government investigations, a brief increase in gas prices, a push for Benicia to impose its own oversight of the refinery and a lawsuit filed by Valero against PG&E.

PG&E says it rejects the conclusions of the California Public Utilities Commission investigation into the outage and maintains that the oil company is responsible for the incident.

The CPUC investigative report, completed in April and released to KQED after a California Public Records Act request, lays out the events that began the day before the power failure. The document also outlines the complex way the Valero refinery is tied into PG&E’s electrical network — and how workers’ misunderstanding of the connection led to the outage.

The report says the sequence of events that led to the outage began May 4, with a transformer failure at a substation adjacent to the refinery.

The CPUC report says that the PG&E operator who detected the problem reviewed company diagrams and documents and concluded the transformer issue would not affect a safety system designed to protect the refinery if it’s disconnected from the utility’s electrical network.

The safety system is necessary because the refinery generates part of the electricity it needs from an on-site power plant. The system, known as “anti-islanding” protection, is designed to prevent electricity from flowing out of the refinery. The protection scheme is designed to kick in if both of the major PG&E transmission lines to the utility’s Benicia substation suffer major problems or are taken offline simultaneously.

Early the morning of May 5, the CPUC report says, PG&E operators at the substation de-energized one of the transmission lines as the first step in a long-planned maintenance operation. Cutting power to the transmission line, along with the previously discovered transformer failure, activated the anti-islanding system. Power to the entire Valero facility went down.

The CPUC investigation incorporates findings from Exponent, an engineering firm PG&E hired to analyze the incident.

Exponent found that the PG&E operator who first noticed the transformer failure did not understand that it could play a part in triggering the anti-islanding system.

The engineering firm noted that the PG&E’s document describing the system “is perceived by operators to be unclear on conditions necessary to activate the scheme, the instrumentation equipment … that the scheme depends on” and other key information.

Exponent recommended a series of safety measures — including improved training and maintenance procedures and the use of warning devices to alert operators of potential problems with the anti-islanding system — to prevent future incidents.

The CPUC’s investigation concluded that PG&E violated a state regulation that requires electrical substations to be operated and maintained safely and in a manner to provide adequate service.

In addition to failing to maintain the transformer involved in the incident, the CPUC said,”PG&E did not provide adequate training, documents, or diagrams for its operators to fully understand the anti-islanding protection scheme. If the … substation operators had sufficient training and documentation on the anti-islanding protection scheme, they would have properly identified and resolved the failed (transformer issue) and prevented the incident from occurring.”

On Wednesday, PG&E spokeswoman Deanna Contreras reiterated the company’s earlier apologies for the outage, but said it does not agree withthe CPUC’s findings. The utility has maintained the electrical failure was Valero’s fault.

“PG&E denies the CPUC’s specific allegations that we failed to maintain a type of transformer for its intended use and that we failed to provide adequate training, documents or diagrams to operators,” Contreras said in an emailed statement. “Additionally, PG&E maintains that the responsibility for the unplanned refinery shutdown rests with Valero.”

Two previous probes, by Solano County and state workplace regulators, cleared Valero of wrongdoing.

Contreras added that PG&E is adopting Exponent’s safety recommendations.

Steven Weissman, a lecturer at UC Berkeley’s Goldman School of Public Policy and a former CPUC administrative law judge, said the company should aggressively implement those measures.

“It’s going to want to be responsive to this,” Weissman said.

A Valero spokeswoman declined to comment on the CPUC report, citing its pending litigation.

But earlier this week, a Valero executive told the Benicia City Council that the refinery and PG&E are working out new rules aimed at preventing a repeat of the 2017 incident.

“We want to limit the number of times PG&E is sticking a screwdriver into the wires that supply our refinery,” Rich Walsh, vice president of Valero’s regulatory and environmental law programs, told council members on Tuesday.

The new protocols would require PG&E crews to consolidate their maintenance work on the electricity lines that serve the refinery into shorter time periods and allow Valero to inspect PG&E equipment before those jobs, among other changes.

Read the CPUC report here and below.

Benicia Herald: Council denies mayor’s request for ISO rehearing

Repost from the Benicia Herald
[Editor: For a perspective from the ISO Working Group, see here.  For more background on the ISO proposal, see here.  – RS]

Council denies mayor’s request for ISO rehearing

In yet another marathon meeting that lasted almost until midnight, the Benicia City Council voted 3-2 to reject Mayor Elizabeth Patterson’s request to rehear the council’s June 19 vote on reviewing a draft Industrial Safety Ordinance (ISO) for the city. The matter will not be heard again until November at the earliest.

Patterson first requested an ISO reminiscent of the ordinance offered by Contra Costa County following the May 5, 2017 flaring incident at the Valero Benicia Refinery. The issue was not discussed again until June 19 when the decision to review a proposed ISO was struck down, with councilmembers Tom Campbell, Mark Hughes and Alan Schwartzman casting the opposing votes. The general consensus was that a city ISO would be duplicative of the state ISO, which was already based on Contra Costa’s ISO, although the majority felt Valero needed to improve gaps in communication. Additionally, Campbell and Schwartzman said they would change their votes if proposed air quality monitors were not installed by November.

On June 28, Patterson submitted a request for rehearing. At Tuesday’s meeting, Patterson said there were three choices on the table: deny the reconsideration, approve reconsideration for the staff recommendation of an Oct. 2 rehearing while the draft ISO was reviewed or approve reconsideration and agendize the matter for an even earlier meeting, possibly July 24. Among other things, Patterson felt the request to review a draft ISO was not addressed at the previous meeting.

“No need to consider adopting the draft,” she said. “Let’s have a third-party expert in the subject area with public interest, experience and knowledge and legal sufficiency review.”

Additionally, Patterson felt the motion taken by the council did not address what was in the air, provide funds to support staff engagement, tell schools or workplaces what to do during a shelter in place or address what happens at the county level.

“I am asking for reconsideration for review of the draft Industrial Safety Ordinance, not for adoption, not for revision, just a review and report back to the council so we all can be on the same page when it comes to local questions that have been raised about what it does and does not know,” Patterson said.

Speaking on behalf of the ISO Working Group was local attorney Terry Mollica, who said the stipulations requested by the council seemed promising but did not authorize staff to do homework to enable the council to take action in November if nothing changed.

“Not taking action on the reconsideration would just be kicking the can down the road,” he said.

Among other things, Mollica felt certain practices needed evaluation and review, particularly the prevention of power failures.

“Power failures are a fact of life and foreseeable in this community,” he said. “We know that this is a risk that this could happen again, so what steps should be taken to mitigate that issue and has it been adequately mitigated already?”

Valero representatives also spoke to discuss issues brought up at the previous meeting, including the need for information related to the 2017 incident, establishing clear lines of communication, and installing fenceline monitors within 6 months,

“Valero heard very clearly the City Council’s expectations from that meeting,” Don Wilson, the vice president and general manager of the Benicia refinery, said.

Wilson then introduced Rich Walsh, the vice president and deputy general counsel of Valero’s corporate office, who discussed what the Benicia refinery was doing to address the points raised.

“We listened back through all the discussions from the last council meeting,” he said. “We realized we’ve gotta do a better job of communicating.”

Walsh noted in a PowerPoint presentation that a fenceline monitoring team began hosting weekly meetings with engineers and planners as well as representatives from the city, Fire Department and PG&E, and anticipates field construction along the refinery’s fenceline to commence soon.

In regards to the 2017 incident, the PowerPoint noted that Valero has requested a review of PG&E’s overall maintenance program and risk ranked all proposed PG&E work on Valero equipment.

Finally, the presentation discussed actions Valero would do to improve communication. These included providing a 72-hour incident report, collaborating with the city to establish shelter-in-place and evacuation criteria and procedures, coordinating with the Fire Department to incorporate Valero information into the AlertSolano system and work to increase the number of registrants for said system.

“Nobody has more of an incentive to make sure this (incident) doesn’t happen again than us,” Walsh said.”This was a tremendous loss for us.”

After a lengthy public comment period that brought out people from both sides of the issue, the council ultimately voted to deny Patterson’s request for a rehearing, with Patterson and Vice Mayor Steve Young voting in favor of a rehearing, and Campbell, Hughes and Schwartzman voting against.

In other matters, the council voted 4-1 to delay discussion of placing a port tax on the ballot for the 2020 election. Schwartzman was the lone “no” vote.

The council is next scheduled to meet on Tuesday, July 24.

CALL TO ACTION: Attend Benicia City Council on Tuesday, July 17!

An email from Kathy Kerridge, Benicia
[Editor: For meeting agenda and materials, see Benicia City Council to vote whether to reconsider vote on ISO.  For much more, see our Benicia ISO page.  If you can’t attend, note below for info on where to write. – RS]

Support a Benicia Industrial Safety Ordinance on 7/17

Kathy Kerridge, Benicia

Come support an Industrial Safety Ordinance at Benicia City Council on July 17 at 7:00 p.m.  This is a chance for the City Council to have staff review a proposed ordinance and move forward with making sure that Benicia has a seat at the table when it comes to safety.

An Industrial Safety Ordinance (ISO) would ensure that Benicia has a network of air monitors, and a robust emergency response plan. Benicia is the only refinery town in the Bay Area without an ISO.

The Council will be reconsidering their decision to kick the can down the road.  Councilmembers Schwartzman, Hughes and Campbell voted at the last hearing to postpone this important decision until after the November election, while Patterson and Young wanted to move forward now.   This is a chance for them to get it right.

If you can’t come, please email (see below).

Kathy Kerridge


WHERE TO WRITE…

EMAIL THE CITY:
Mayor Elizabeth Patterson (epatterson@ci.benicia.ca.us)
Vice Mayor Steve Young (syoung@ci.benicia.ca.us)
Tom Campbell (tcampbell@ci.benicia.ca.us
Mark Hughes (Mark.Hughes@ci.benicia.ca.us)
Alan Schwartzman (aschwartzman@ci.benicia.ca.us)
City Manager Lorie Tinfow (ltinfow@ci.benicia.ca.us)
City Attorney Heather McLaughlin (Heather.McLaughlin@ci.benicia.ca.us)
Fire Chief Josh Chadwick (JChadwick@ci.benicia.ca.us)
Police Chief Erik Upson (EUpson@ci.benicia.ca.us)

MAIL / PHONE / OFFICES:
Mail to or visit City Hall: 250 East L Street, Benicia, CA 94510
Phone numbers are listed on the City’s CONTACT PAGE

SEND YOUR THOUGHTS TO THE NEWS MEDIA:

  • Benicia Herald, 820 First St, Benicia, CA 94510, or by email to the editor at beniciaherald@gmail.com
  • Vallejo Times-Herald, P.O. Box 3188, Vallejo, CA 94590, Fax: 643-0128, or by email to Editor Jack Bungart at opinion@timesheraldonline.com.
  • Benicia Independent – send to Roger at rogrmail at gmail dot com.

POST TO SOCIAL MEDIA (some require membership):

Benicia Herald: Mayor requests rehearing of Industrial Safety Ordinance vote

Repost from the Benicia Herald
[Editor: For background and reference, you may want to view Mayor Patterson’s Request for Rehearing of Vote Cast 6_19_18 concerning the Industrial Safety Ordinance.  Plan to attend the Council meeting, 7pm on Tuesday, July 17.  Here is the agenda and other materials.  – RS]

Mayor requests rehearing of Industrial Safety Ordinance vote

By Nick Sestanovich, July 13, 2018
Elizabeth Patterson, Benicia Mayor 2007 - present
Elizabeth Patterson, Benicia Mayor 2007 – present

At its June 19 meeting, the Benicia City Council voted 3-2 to not take any further action on Mayor Elizabeth Patterson’s request for an Industrial Safety Ordinance (ISO) in Benicia until November. Now Patterson is requesting a rehearing on the item, which is on the agenda for Tuesday’s council meeting.

Following a flaring incident and shutdown at the Valero Benicia Refinery in May 2017, Patterson submitted a two-step request which asked the council to consider adopting an ISO in line with Contra Costa County’s ordinance requires refineries to submit safety plans, undergo safety audits and develop risk management plans while incorporating community input. The council voted 4-1 to adopt the first step of this request, but the second step did not appear on a council agenda for another 13 months. Four weeks ago, the council narrowly voted to not adopt an ISO just yet and to direct Valero to fix gaps in communication. Of the three councilmembers who voted down the ISO, two— Tom Campbell and Alan Schwartzman— said they would change their votes if air quality monitors were not installed by November.

However, the issue will be returning to the council even sooner. On June 28, Patterson submitted an application to rehear the item on four grounds: that she felt staff had not adequately prepared the council for the hearing, past settlement agreements and obligations regarding air quality monitoring had not been addressed, new evidence discussing the necessity of fenceline and community monitoring which are not addressed by the planned Bay Area Air Quality Mangement District monitors and the decision to wait for BAAQMD monitors to be installed was “vague and uncertain” and “does not present a viable plan,” Patterson wrote.

For the first reason, Patterson wrote that staff had not done anything substantive in between the discussion of the two steps and that the staff report prepared for the June 19 meeting lacked key information.

“The Staff Report contained almost no meaningful information concerning what actions or costs would be necessary to actually move toward the adoption of an Industrial Safety Ordinance,” she wrote. “Although a thorough draft of the Industrial Safety Ordinance prepared by members of the community was included in the packet, the staff had not reviewed it and was unprepared to comment even preliminarily.”

For the second item, Patterson said the staff report did not mention the past settlements with Valero in 2003, 2008 and 2010 which required fenceline and community monitors, neither of which were installed.

“The City Council should have been advised and taken into consideration Valero’s failure to comply with these agreements as well as its non- compliance with the conditions of approval in rendering its decision, but the Staff Report failed to address these points at all,” Patterson wrote.

For the third item, Patterson said she attended an Airwatch Bay Area conference four days after the council meeting, which noted that BAAQMD’s proposed fenceline monitors were only 1 percent effective at detecting hazardous waste materials.

“Rehearing on the request to direct staff with certain criteria stated earlier to have the draft Industrial Safety Ordinance reviewed should be allowed so that new expert and non-expert evidence can be presented on this important subject,” she wrote. “The BAAQMD monitoring program will not be sufficient in quality…or location to fully protect the community. Time is of the essence.”

Finally, Patterson felt the decision to delay was not specific enough and that waiting presented a potential danger.

“With each additional day that passes, the community faces the risk of another power outage, which Valero has acknowledged it is unprepared for,” she wrote. “The delay in taking any action just puts the community in greater jeopardy of such releases without taking any action to eliminate or mitigate such risks.”

Staff responded to the first two reasons in a report prepared by City Attorney Heather McLaughlin. Regarding the first reason, McLaughlin wrote that as part of the two-step process, staff support for individual requests from individual councilmembers is limited to 15 minutes of staff time and that researching, writing reports and compiling materials would not take longer than 15 minutes unless approved by a majority of the council.

“Staff had collected some background information and provided it with the report to support the Council’s discussion but no analysis or other in-depth work had occurred,” McLaughlin wrote. “Staff had adequately prepared Council for the hearing based on the type of hearing that was scheduled to occur.”

This reasoning was also the basis for the short response to Patterson’s statement that past settlement agreements were not mentioned in the staff report. Staff did not respond to the third or fourth statements.

The council will vote on whether or not to schedule a rehearing on its June 19 vote, which would be slated for a later meeting if approved.

In other matters, the council will vote to approve a resolution placing a tax on port-related activities on the ballot for the general election and confirm Thomas Stanton as Benicia’s seventh poet laureate.

The council will meet at 5:30 p.m. Tuesday, July 17 in a closed session to discuss legal matters. The regular meeting will start at 7 in the Council Chambers at City Hall, located at 250 East L St. A live stream of the council meeting can also be found online at ci.benicia.ca.us/agendas.