{"operation":"document","citation":"CPF 120111014W","title":"PORTLAND NATURAL GAS TRANSMISSION SYSTEM — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-08-22","effective_on":null,"summary":"CLOSED warning letter citing 190.203(f).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120111014w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120111014w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120111014w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120111014W","body":"Warning Letter involving PORTLAND NATURAL GAS TRANSMISSION SYSTEM. PHMSA's enforcement data identifies the cited regulation as 190.203(f). The case was opened on 2011-08-22 and is reported as closed as of 2011-08-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120111014W_Warning Letter_08222011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120111014W/120111014W_Warning%20Letter_08222011.pdf\n\n120111014W_Warning Letter_08222011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120111014W/120111014W_Warning%20Letter_08222011_text.pdf\n\n120111014W_Warning Letter_08222011_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\nOVERNIGHT EXPRESS MAIL\nAugust 22, 2011\nMr. David Chittick\nDirector, Pipeline Engineering\nTransCanada Pipeline Limited\n450 – 1st Street, S.W.\nCalgary, Alberta, Canada T2P 5H1\nCPF 1-2011-1014W\nDear Mr. Chittick:\nOn March 19, 2003, pursuant to 49 U.S.C. §60118(c) and 49 C.F.R. §190.341, Portland Natural\nGas Transmission System (PNGTS), an affiliated pipeline of TransCanada Pipeline Limited,\nfiled a special permit request with the Pipeline & Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), for a waiver from certain provisions of 49 C.F.R. §\n192.611. PHMSA issues special permits to pipeline operators if the agency determines that a\nwaiver of a particular regulation or standard is not inconsistent with pipeline safety. On March\n4, 2004, PHMSA (at the time RSPA) issued an order granting PNGTS a special permit with\ncertain conditions and limitations (Order). See PHMSA “RSPA-03-15733”.\nOn September 20, 2010, a PHMSA representative, pursuant to Chapter 601 of 49 United States\nCode, inspected the pipeline facilities and records of PNGTS to confirm compliance with the\nOrder.\nAs a result of the inspection, it appears that PNGTS has committed a probable violation of the\nOrder. As stated in 49 C.F.R. § 190.203(f), when information obtained from an inspection\nindicates that further OPS action is warranted, OPS may initiate one or more enforcement\nproceedings prescribed in §§ 190.207 through 190.235.\n\n\n\nCPF 1-2011-1014W\nThe item inspected and probable violation is:\n1. Condition 5\nPerform weekly aerial patrols and quarterly ground road crossing patrols over the\nentire 143.8 miles of 24-inch pipeline. The ground road crossing patrols must\ninclude leak surveys on all Class 3 portions of the pipeline using appropriate\ninstrumented leak detection equipment;\nPNGTS failed to perform weekly aerial patrols and quarterly ground road\ncrossing patrols over the entire 143.8 miles of 24-inch pipeline, as\nrequired by Condition 5.\nA PHMSA representative reviewed records in PNGTS’s office in\nWindham, Maine. According to the PNGTS’s Aerial Patrol Reports,\naerial patrols were not consistently conducted at a weekly interval since\nthe third quarter of 2004. The records contained annotations indicating\nthat PNGTS cancelled scheduled patrols due to inclement weather\nconditions. Also, the record had no annotations that demonstrated an\naerial patrol was “completed” or cancelled on several scheduled dates.1\nAdditionally, PNGTS could not provide any records that showed an aerial\npatrol was rescheduled and completed after cancellation.\nAlbeit, PNGTS was unable to find qualified contractors that met\nTransCanada’s requirements; therefore, PNGTS only scheduled and\nconducted biweekly aerial patrols since 2008. PNGTS personnel stated\nthat Maine Aviation conducted aerial patrols with fixed-wing aircraft\nalong with helicopter patrols conducted by TransCanada Aviation since\n2006. PNGTS personnel further stated that Maine Aviation stopped\nproviding aerial patrol services to PNGTS in July 2007 because it lacked\nqualified pilots for aerial patrol.\nA PHMSA representative also reviewed PNGTS’s Ground Patrol Reports\nthat indicated PNGTS conducted annual rather than quarterly ground road\ncrossing patrol from 2005 to 2007. Furthermore, the quarterly ground\nroad crossing patrol must include leak surveys on all Class 3 locations.\nHowever, PNGTS did not conduct leak surveys on a quarterly basis as\nrequired.\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 advise you to correct the item identified in this letter. Failure to\ndo so will result in PNGTS being subject to additional enforcement action.\n1 Aerial Patrol Reports 2004, 2005, 2006, 2007, 2008, 2009 and 2010\n120111014W_Warning Letter_08222011 Page 2 of 3\n\n\n\nCPF 1-2011-1014W\nNo reply to this letter is required. If you choose to reply, please address your correspondence to\nByron Coy, PE, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, West\nTrenton, NJ 08628 and refer to CPF 1-2011-1014W. Be advised that all material you submit in\nresponse to this enforcement action is subject to being made publicly available. If you believe\nthat any portion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. 552(b).\nRight to Modify, Suspend, or Revoke a Special Permit\nIssuance of this enforcement action does not preclude PHMSA’s authority to seek modification,\nsuspension or revocation of the special permit issued under “RSPA-03-15733” at any time, as\nprovided in 49 C.F.R. § 190.341(h)(1)(v). If such action is taken, PHMSA will provide PNGTS\nwith the opportunity to show cause why the proposed action should not be taken.\nSincerely,\nBryon Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120111014W_Warning Letter_08222011 Page 3 of 3","truncated":false,"body_characters":6112}