{"operation":"document","citation":"CPF 120063004","title":"NATIONAL GRID LNG, L.P. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2006-08-16","effective_on":null,"summary":"CLOSED notice of probable violation citing 193.2511(c), 193.2619(c), 193.2619(d), 193.2621(a), 193.2713(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120063004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120063004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120063004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120063004","body":"Notice of Probable Violation involving NATIONAL GRID LNG, L.P.. PHMSA's enforcement data identifies the cited regulations as 193.2511(c),  193.2619(c),  193.2619(d),  193.2621(a),  193.2713(b). The case was opened on 2006-08-16 and is reported as closed as of 2008-05-08. Proposed civil penalty: $108,000. Assessed civil penalty: $108,000. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120063004_FinalOrder_09132007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120063004/120063004_FinalOrder_09132007.pdf\n\n120063004_finalorder_09132007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120063004/120063004_finalorder_09132007_text.pdf\n\n120063004_finalorder_09132007_text.pdf\n\nU S Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave S E\nWashington DC 20590\nSEP & 3 2007\nMr. Steven L. Zelkowitz, President\nKeySpan LNG, LP\n121 Terminal Road\nProvidence, RI 02905\nRe: CPF No. : 1-2006-3004\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes findings of violation, specifies actions to be taken to comply\nwith the pipeline safety regulations, and assesses a civil penalty. I acknowledge receipt of and\naccept your wire transfer for $108, 000 as payment in full of the civil penalty assessed in the\nFinal Order. Because further actions are required with respect to the compliance terms contained\nin the Final Order, this case remains open Your receipt of the Final Order constitutes service of\nthat document under 49 C. F. R, ) 190. 5.\nThank you for your cooperation in this matter.\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\ncc: Byron Coy, Director, Eastern Region, PHMSA\nCERTIFIED MAIL — RETURN RECEIPT RE UESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nKeySpan LNG, LP,\nRespondent\nCPF No. 1-2006-3004\nFINAL ORDER\nOn August 16, 2006, in accordance with 49 C, F. R. ( 190. 207, the Director, Eastern Region,\nPipeline and Hazardous Materials Administration, Office of Pipeline Safety (PHMSA), ' issued a\nNotice of Probable Violation, Proposed Civil Penalty, and Proposed Compliance Order (Notice)\nto KeySpan LNCr, LP (Respondent or KeySpan). The Notice proposed finding that Respondent\nhad violated 49 C. F. R. )$ 193. 2619, 193. 2621, 193 2713, and 193. 2511, and proposed assessing\na civil penalty of $108, 000 for the alleged violations. The Notice also proposed that Respondent\ntake certain measures to correct the alleged violations. Respondent responded to the Notice by\nletter dated September 8, 2006, but did not contest the allegations, the amount of the proposed\ncivil penalty, or the proposed compliance order Respondent also provided information\nconcerning the corrective actions it had taken and enclosed payment in full of the proposed civil\npenalty. Respondent wire transferred said penalty amount ($108, 000) on September 15, 2006,\nwaiving further right to respond and authorizing the entry of this Final Order.\nFINDINGS OF VIOLATIONS\nPursuant to 49 C. F. R. $ 190. 213 and 49 U, S C. $ 60122, I find that Respondent violated the\nfollowing sections of 49 C F. R. Part 193, as more fully described in the Notice:\n' Effective February 20, 2005, PHMSA succeeded the Research and Special Programs Admimstration as the agency\nresponsible for regulating safety in pipelme transportation and hazardous matenals transportation See, section 108\nof the Norman Y Mmeta Research and Special Programs Improvement Act (Pubhc law 108-426, 118 Stat. 2423-\n2429 (November 30, 2004)) See also, 70 Fed Reg 8299 (February 18, 2005) redelegatmg the pipeline safety\nauthorities and functions to the PHMSA administrator\n\n\n\nItem 1. The Notice alleged that Respondent violated 49 C. F. R. $ 193. 2619(c), which\nstates:\ng 193. 2619. Control systems.\n(a) .\n(c) Control systems in service, but not normally in operation,\nsuch as relief valves and automatic shutdown devices, and control systems\nfor internal shutoff valves for bottom penetration tanks must be inspected\nand tested once each calendar year, not exceeding 15 months.\nThe Notice alleged that Respondent violated 49 C. F. R. $ 193. 2619(c) by failing to\ninspect and test certain control systems in service, but not normally in operation, once\neach calendar year, but at intervals not to exceed 15 months. Six relief valves (SV-Cl-\n01, SV-C1-02, SV-C1-03, SV-C2-01, SV-C2-02, and SV-C2-03) in the region of the\nboil-off gas compressors were not inspected and tested in 2003.\nItem 2. The Notice alleged that Respondent violated 49 C. F. R. $ 193. 2619(d), which\nstates:\ng 193. 2619. Control systems.\n(a)\n(d) Control systems that are normally in operation, such as\nrequired by a base load system, must be inspected and tested once\neach calendar year but with intervals not exceeding 15 months.\nThe Notice alleged that Respondent violated 49 C. F R. ( 193 2619(d) by failing to\ninspect and test certam control systems that are normally in operation, once each calendar\nyear but at intervals not to exceed 15 months. Twenty-nine of Respondent's control\nsystems were not inspected and tested within the required 15-month interval.\nItem 3. The Notice alleged that Respondent violated 49 C. F R. $ 193, 2621(a), which\nstates:\ng 193. 2621. Testing transfer hoses.\nHoses used in LNG or flammable refrigerant transfer systems\nmust be.\n(a) Tested once each calendar year, but with intervals not\nexceedmg 15 months, to the maximum pump pressure or relief\nvalve setting.\nThe Notice alleged that Respondent violated 49 C. F. R. ) 193. 2621(a) by failing to test\nhoses used in Respondent's flammable refrigerant transfer systems once each calendar\nyear, but with intervals not to exceed 15 months. Testing of the Chicksan and vapor\nreturn lmes at Respondent's truck loading station was not conducted within the required\n15-month interval\n\n\n\nItem 4. The Notice alleged that Respondent violated 49 C. F. R. $ 193. 2713(b), which\nstates:\ng 193. 2713. Training: operations and maintenance.\n(a) . .\n(b) A written plan of continuing instruction must be conducted\nat intervals of not more than two years to keep all personnel current\non the knowledge and skills they gained in the program of initial\ninstruction.\nThe Notice alleged that Respondent violated 49 C. F. R. $ 193. 2713(b) by failing to\nconduct continuing instruction of its personnel at intervals not to exceed two years.\nKeySpan failed to train one individual within the required two-year interval regarding\nfirst-aid training.\nItem 5. The Notice alleged that Respondent violated 49 C. F. R. $ 193, 2511(c), which\nstates:\ng 193. 2511. Personnel safety.\n(a) . .\n(c) Each LNG plant must be equipped with suitable first-aid\nmaterial, the location of which is clearly marked and readily available\nto personnel.\nThe Notice alleged that Respondent violated 49 C. F. R. ) 193. 2511(c) by failing to equip\nits LNG plant with suitable first-aid material. The eyewash in two first-aid kits had\nexceeded their 2005 expiration dates.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent. Having reviewed the record and considered the assessment\ncriteria, I assess Respondent a civil penalty of $108, 000, which amount has already been paid by\nRespondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1, 2, 3, 4, and 5 for various\nviolations of Part 193.\nUnder 49 U. S. C. ) 60118(a), each person who engages in the transportation of gas or who owns\nor operates a pipeline facility is required to comply with the applicable safety standards\nestablished under chapter 601\n\n\n\nPursuant to the authority of 49 U. S. C. $ 60118(b) and 49 C. F. R. $ 190, 217, Respondent is\nordered to take the following actions to ensure compliance with the pipeline safety regulations\napplicable to its operations. I therefore order that Respondent take the following corrective\nmeasures:\n1. In regard to Items 1, 2, 3, 4, and 5 of the Notice, KeySpan shall prepare and\nimplement an audit program whose purpose is to ensure that accurate, timely records are\nprepared for compliance activities, and that these activities are conducted within the\ntimeframes and schedules specified in the pipeline safety regulations. At a minimum, the\nwritten audit program procedures must (1) require continuous review of all compliance\nactivity records, (2) assign responsibility for conducting these reviews, (3) identify the\ncorrective actions KeySpan will implement when audit results indicate that Respondent's\nrecords reflect insufficient proof that activities have been performed, that activities were\nnot performed, or that they were performed late\n2. Within 60 days following receipt of the Final Order, KeySpan shall provide the\nwritten audit program procedures required in Item 1 to the Director, Eastern Region,\nPHMSA.\n3. KeySpan shall maintam documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director,\nEastern Region, PHMSA. The total cost associated with preparation of the audit program\nshall be reported.\nThe terms and conditions of this Fmal Order are effective on receipt.\ngyp 18 2007\nDate Issued\nJ\nNA ey . Wiese,\nciate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":9442}