{"operation":"document","citation":"CPF 120111009W","title":"ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP) — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-05-23","effective_on":null,"summary":"CLOSED warning letter citing 192.603(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120111009w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120111009w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120111009w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120111009W","body":"Warning Letter involving ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulation as 192.603(b). The case was opened on 2011-05-23 and is reported as closed as of 2011-05-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120111009W_Warning Letter_05232011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120111009W/120111009W_Warning%20Letter_05232011.pdf\n\n120111009W_Warning Letter_05232011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120111009W/120111009W_Warning%20Letter_05232011_text.pdf\n\n120111009W_Warning Letter_05232011_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\nEXPRESS OVERNIGHT DELIVERY\nMay 23, 2011\nMr. Thomas Wooden\nVice President Northeast Transmission\nAlgonquin Gas Transmission Corporation\n890 Winter Street, Suite 300\nWaltham, MA 02451\nCPF 1-2011-1009W\nDear Mr. Wooden:\nBetween June 16, 2009, and July 31, 2009, State Inspectors from the New York State\nDepartment of Public Service (NYSDPS), acting as Agents for the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected your records at the Cromwell, CT and South Plainfield, NJ locations and performed\nfield evaluations in the Lower Hudson Valley, NY.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation is:\n1. §192. 603 General Provisions.\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under §192.605.\n\n\n\n120111009W\nAlgonquin Gas Transmission Company (AGT) failed to follow its Operations and\nMaintenance (O&M) procedure 1-6040 for aerial pipeline patrols.\nAGT procedure 1-6040, Aerial Pipeline Patrol, requires that construction activity on, in the\nvicinity of, or progressing towards, the pipeline right-of-way within ½ mile of the pipeline be\ndocumented. The procedure also requires that such possible encroachments be investigated\nand findings documented on Form 7T-69, Encroachment Investigation Report.\nA review of aerial patrol records of the mainline identified excavation activities in close\nproximity to the right-of-way (within 200 yards), and in the vicinity of valve 18 located\nbetween Stony Point and Southeast on March 31, 2009.\nAGT could not provide the required documentation to demonstrate that any follow-up\ninvestigation was performed to ensure that there was no encroachment of the pipeline.\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 item identified in this letter.\nFailure to do so will result in AGT being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, please address your response to Byron\nCoy, PHMSA Eastern Region Director, 820 Bear Tavern Rd, Suite 103, W. Trenton, NJ 08628.\nPlease refer to CPF 1-2011-1009W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any portion of\nyour responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with\nthe complete original document you must provide a second copy of the document with the\nportions you believe qualify for confidential treatment redacted and an explanation of why you\nbelieve the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: NYSDPS - Mr. Gavin Nicoletta\n120111009W_WL_05232011 (127060 CD-NY) Page 2 of 2","truncated":false,"body_characters":4242}