{"operation":"document","citation":"CPF 120121006W","title":"EASTERN GAS TRANSMISSION AND STORAGE, INC. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-04-04","effective_on":null,"summary":"CLOSED warning letter citing 192.709(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120121006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120121006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120121006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120121006W","body":"Warning Letter involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulation as 192.709(c). The case was opened on 2012-04-04 and is reported as closed as of 2012-04-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120121006W_Operator Response_04262012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121006W/120121006W_Operator%20Response_04262012.pdf\n\n120121006W_Warning Letter_04042012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121006W/120121006W_Warning%20Letter_04042012_text.pdf\n\n120121006W_Warning Letter_04042012_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\nApril 04, 2012\nMr. Jeffrey L. Barger, Senior V.P.\nDominion Transmission, Inc.\n445 West Main Street\nClarksburg, WV 26301\nCPF 1-2012-1006W\nDear Mr. Barger:\nBetween June 28 and July 7, 2011, representatives of the New York State Department of Public\nService (NYSDPS), acting as agents for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code, inspected\nDominion Transmission, Inc. (DTI) Ithaca operations facilities located in Ithaca, New York.\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. § 192.709 Transmission lines: Record keeping.\n(c) A record of each patrol, survey, inspection, and test required by subparts L and M\nof this part must be retained for at least 5 years or until the next patrol, survey,\ninspection, or test is completed, whichever is longer.\nDTI failed to maintain patrol records for transmission lines Pipelines 31and 473 which cross\nState Route 79 in the Town of Ithaca in NY as required by §192.709(c).\nThe records must be retained for at least 5 years or until the next patrol, survey, inspection, or\ntest is completed, whichever is longer.\nThe NYSDPS representatives reviewed the 2011 inspection records during the DTI inspection\nfor the State Route 79 crossing and each road north and south of State Route 79.\n\n\n\nCPF 1-2012-1006W\nThere are three pipelines (Pipeline 1, Pipeline 31 and Pipeline 473) which cross State Route 79\nin the Town of Ithaca in NY.\nThere is no record that Pipelines 31 and 473 which cross State Route 79 in the Town of Ithaca in\nNY, were patrolled.\nThe operator only has a patrol record for one line (Pipeline 1) at Route 79. Pipelines 1 and 31\ncross together in the same right of way and Pipeline 473 crosses approximately one half mile to\nthe west of the other two lines.\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 DTI being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2012-1006W. 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, P.E.\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Mr. Kevin Speicher, NYSDPS\n120121006W_WL_04042012 Page 2 of 2","truncated":false,"body_characters":4211}