# ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP) — Warning Letter

- **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:** Not available
- **summary:** CLOSED warning letter citing 192.603(b).
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- **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.

Official case documents:

120111009W_Warning Letter_05232011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120111009W/120111009W_Warning%20Letter_05232011.pdf

120111009W_Warning Letter_05232011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120111009W/120111009W_Warning%20Letter_05232011_text.pdf

120111009W_Warning Letter_05232011_text.pdf

U.S. Department 820 Bear Tavern Road, Suite 103
Of Transportation West Trenton, NJ 08628
Pipeline and 609.989.2171
Hazardous Materials
Safety Administration
WARNING LETTER
EXPRESS OVERNIGHT DELIVERY
May 23, 2011
Mr. Thomas Wooden
Vice President Northeast Transmission
Algonquin Gas Transmission Corporation
890 Winter Street, Suite 300
Waltham, MA 02451
CPF 1-2011-1009W
Dear Mr. Wooden:
Between June 16, 2009, and July 31, 2009, State Inspectors from the New York State
Department of Public Service (NYSDPS), acting as Agents for the Pipeline and Hazardous
Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code
inspected your records at the Cromwell, CT and South Plainfield, NJ locations and performed
field evaluations in the Lower Hudson Valley, NY.
As a result of the inspection, it appears that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the
probable violation is:
1. §192. 603 General Provisions.
(b) Each operator shall keep records necessary to administer the procedures
established under §192.605.



120111009W
Algonquin Gas Transmission Company (AGT) failed to follow its Operations and
Maintenance (O&M) procedure 1-6040 for aerial pipeline patrols.
AGT procedure 1-6040, Aerial Pipeline Patrol, requires that construction activity on, in the
vicinity of, or progressing towards, the pipeline right-of-way within ½ mile of the pipeline be
documented. The procedure also requires that such possible encroachments be investigated
and findings documented on Form 7T-69, Encroachment Investigation Report.
A review of aerial patrol records of the mainline identified excavation activities in close
proximity to the right-of-way (within 200 yards), and in the vicinity of valve 18 located
between Stony Point and Southeast on March 31, 2009.
AGT could not provide the required documentation to demonstrate that any follow-up
investigation was performed to ensure that there was no encroachment of the pipeline.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000
for each violation for each day the violation persists up to a maximum of $1,000,000 for any
related series of violations. We have reviewed the circumstances and supporting documents
involved in this case, and have decided not to conduct additional enforcement action or penalty
assessment proceedings at this time. We advise you to correct the item identified in this letter.
Failure to do so will result in AGT being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, please address your response to Byron
Coy, PHMSA Eastern Region Director, 820 Bear Tavern Rd, Suite 103, W. Trenton, NJ 08628.
Please refer to CPF 1-2011-1009W. Be advised that all material you submit in response to this
enforcement action is subject to being made publicly available. If you believe that any portion of
your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with
the complete original document you must provide a second copy of the document with the
portions you believe qualify for confidential treatment redacted and an explanation of why you
believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Cc: NYSDPS - Mr. Gavin Nicoletta
120111009W_WL_05232011 (127060 CD-NY) Page 2 of 2
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