{"operation":"document","citation":"CPF 120101007W","title":"TENNESSEE GAS PIPELINE COMPANY — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-10-13","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120101007w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120101007w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120101007w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120101007W","body":"Warning Letter involving TENNESSEE GAS PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2010-10-13 and is reported as closed as of 2010-10-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120101007W_Warning Letter_10132010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120101007W/120101007W_Warning%20Letter_10132010.pdf\n\n120101007W_Warning Letter_10132010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120101007W/120101007W_Warning%20Letter_10132010_text.pdf\n\n120101007W_Warning Letter_10132010_text.pdf\n\nU.S. Department 820 Bear Tavern Road, Suite 103\nOf Transportation West Trenton, NJ 08628\nPipeline and 609.989.2171\nHazardous Materials\nSafety Administration\nWARNING LETTER\nUPS OVERNIGHT DELIVERY\nOctober 13, 2010\nMr. William Cope\nVice President, Eastern Operations\nTennessee Gas Pipeline\n569 Brookwood Village, Rm 766\nBirmingham, AL 35209\nCPF 1-2010-1007W\nDear Mr. Cope:\nBetween September 15, 2008 and August 12, 2010, a State Inspector from the New York Public\nService Commission (NY PSC), acting as Agent for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected in Eden,\nNY, the conditions of your special permit issued by PHMSA to Tennessee Gas Pipeline (TGP)\nfor the Niagara Spur Loop Line 230B-200 (Docket # PHMSA-2006-26618). This special permit\nwas requested by TGP in order to maintain the operating pressure on this pipeline after a class\nchange was noted.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n\n\n\nCPF 1-2010-1007W\n1. §192.605 Procedural manual for operations, maintenance, and emergencies\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least one each\ncalendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\nTGP did not submit the required information to the Director, PHMSA Eastern Region, by the\nrequired date of June 10, 2008, per condition 15 of the special permit. Condition 15 pertains to\nsubmittal of an annual report including:\na) The economic benefits of the special permit to TGP\nb) How the public benefits from energy availability\nc) The number of new residences, other structures intended for human occupancy and\npublic gathering areas built within the special permit inspection area,\nd) Any new integrity threats identified during the previous year, and the results of any ILl or\ndirect assessments performed during the previous year in the special permit inspection\narea\ne) Any reportable incident, any leak normally indicated on the DOT Annual Report and all\nrepairs on the pipeline that occurred during the previous year in the special permit\ninspection area\nf) Any on-going damage prevention initiatives affecting the special permit inspection area\nand a discussion of the success of the initiatives\ng) Any mergers, acquisitions, transfer of assets, or other events affecting the regulatory\nresponsibility of the company operating the pipeline\nThe information was received by TGP letter dated June 16, 2008, six days late.\n2. §192.605 Procedural manual for operations, maintenance, and emergencies\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least one each\ncalendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\nPage 2 of 3\n120101007W_Warning Letter_10132010\n\n\n\nCPF 1-2010-1007W\nTGP failed to submit the required information to the Director, PHMSA Eastern Region, by the\nrequired date of March 10, 2010, per condition 7 of the special permit. Condition 7 pertains to\nsubmittal of the DCVG, CIS and SCCDA findings including remediation actions in a written\nreport to the Director, PHMSA Eastern Region, not later than 2 years after the grant of this\nspecial permit. TGP acknowledged same in their letter to the Director, PHMSA Eastern Region,\ndated August 23, 2010, signed by Mr. Patrick F. Carey, P.E., Director, D.O.T. Compliance\nServices.\nAlthough the letter submitted on August 23, 2010, addressed all the requirements of the special\npermit, TGP did not meet the filing deadline. The filing was about 165 days late.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in Tennessee Gas Pipeline being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2010-1007W. 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,\nByron E. Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: NY PSC\nPage 3 of 3\n120101007W_Warning Letter_10132010","truncated":false,"body_characters":6631}