{"operation":"document","citation":"CPF 120121007","title":"TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP) — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-04-04","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.709(c), 192.745(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120121007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120121007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120121007","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120121007","body":"Notice of Probable Violation involving TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulations as 192.709(c),  192.745(a). The case was opened on 2012-04-04 and is reported as closed as of 2013-01-23. Proposed civil penalty: $5,100. Assessed civil penalty: $5,100. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120121007_Closure Letter_01232013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121007/120121007_Closure%20Letter_01232013.pdf\n\n120121007_Closure Letter_01232013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121007/120121007_Closure%20Letter_01232013_text.pdf\n\n120121007_Final Order_08312012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121007/120121007_Final%20Order_08312012.pdf\n\n120121007_Final Order_08312012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121007/120121007_Final%20Order_08312012_text.pdf\n\n120121007_NOPV_PCP_PCO_04042012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121007/120121007_NOPV_PCP_PCO_04042012_text.pdf\n\n120121007_Operator_Response_to_Notice_05032012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121007/120121007_Operator_Response_to_Notice_05032012.pdf\n\n120121007_Closure Letter_01232013_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nEXPRESS OVERNIGHT DELIVERY\nJanuary 23, 2013\nTheopolis Holeman\nVice President, Eastern Operations\nSpectra Energy Transmission, LLC\n5400 Westheimer Court\nHouston, TX 77056\nCPF 1-2012-1007\nDear Mr. Holeman:\nOn August 31, 2012, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Spectra Energy Transmission, LLC a Final Order in the above-referenced (Texas\nEastern Transmission) case. This Order included a Compliance Order and Civil Penalty\nassessment. Based on our review of the documentation you provided in your response dated\n12/19/2012 and confirmation of payment of the civil penalty on 6/07/2012, it has been\ndetermined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nByron Coy, P.E.\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120121007_Final Order_08312012_text.pdf\n\nAUGUST 31, 2012\nMr. Gregory L. Ebel\nPresident and Chief Executive Officer\nSpectra Energy Transmission, LLC\n5400 Westheimer Court\nHouston, TX 77056-5310\nRe: CPF No. 1-2012-1007\nDear Mr. Ebel:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and assesses a civil penalty of $5,100. This is to acknowledge receipt of payment of\nthe full penalty amount, by wire transfer, dated June 7, 2012. When the terms of the compliance\norder are completed, as determined by the Director, Eastern Region, this enforcement action will\nbe closed. Service of the Final Order by certified mail is deemed effective upon the date of\nmailing, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. J. Andrew Drake, P.E. – Vice President, Asset Integrity – Spectra Energy\nTransmission, LLC - 5400 Westheimer Court, Houston, TX 77056-5310\nMr. Byron Coy, Director, Eastern Region, OPS\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED.\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nTexas Eastern Transmission, LP, ) CPF No. 1-2012-1007\na subsidiary of Spectra Energy )\nTransmission, LLC )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nDuring the week of November 29, 2010, pursuant to 49 U.S.C. § 60117, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Texas\nEastern Transmission, LP (TETLP or Respondent) near South Plainfield, New Jersey. TETLP, a\nwholly owned subsidiary of Spectra Energy Corporation, operates a system of approximately\n1,700 miles of gas transmission pipeline originating in the Gulf Coast region and terminating in\nOhio, Pennsylvania, New Jersey, and New York.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated April 4, 2012, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that TETLP had violated 49 C.F.R. § 192.709(c) and 192.745(a) and proposed\nassessing a civil penalty of $5,100 for one of the alleged violations. The Notice also proposed\nordering Respondent to take certain measures to correct the other alleged violation.\nTETLP responded to the Notice by letter dated May 3, 2012 (Response). The company did not\ncontest the allegations of violation but expressed its intent to comply with the proposed\ncompliance order and paid the proposed civil penalty of $5,100, as provided in\n49 C.F.R. § 190.227.\n1 Spectra Energy Corp. 10-K, 2010, at 6. See, http://www.spectraenergy.com/Operations/North-America-\nTransmission/Assets/. (last assessed August 6, 2012)\n\n\n\n2\nFINDINGS OF VIOLATION\nIn its response, TETLP did not contest the allegations in the Notice that it violated\n49 C.F.R. Part 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.709, which states:\n§ 192.709 Transmission lines: Record keeping.\nEach operator shall maintain the following records for transmission\nlines for the periods specified:\n(a) …\n(c) A record of each patrol, survey, inspection, and test required by\nsubparts L and M of this part must be retained for at least 5 years or until\nthe next patrol, survey, inspection, or test is completed, whichever is\nlonger.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.709(c), as quoted above, by failing\nto maintain a record of each patrol, survey, inspection, and test required by subparts L and M of\nthis part. Specifically, the Notice alleged that TETLP’s records indicated that three valves that\nmight be used in an emergency had not been partially operated during its annual valve\ninspection. 2 During the inspection, Respondent stated that the valves had to be operated but\nacknowledged that its records contained incorrect codes.\n3 Respondent did not contest this\nallegation of violation. Without records of valve inspections, TETLP cannot demonstrate that\nthe inspections occurred. Accordingly, based upon a review of all of the evidence, I find that\nRespondent violated 49 C.F.R. § 192.709(c) by failing to maintain a record that correctly\ndocumented whether three valves that might be used in an emergency had been partially operated\nduring annual valve inspections, in accordance with subparts L and M of Part 192.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.745, which states:\n§ 192.745 Valve maintenance: Transmission lines.\n(a) Each transmission line valve that might be required during any\nemergency must be inspected and partially operated at intervals not\nexceeding 15 months, but at least once each calendar year.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.745(a) by failing to inspect and\npartially operate each transmission line valve that might be required during any emergency at\nintervals not exceeding 15 months, but at least once each calendar year. Specifically, the Notice\nalleged that TETLP failed to partially or fully operate four valves that might be used in an\n2 Pipeline Safety Violation Report, (Violation Report) (April 4, 2012) at 2 and Exhibit A.\n3 Violation Report at 2.\n\n\n\n3\nemergency.\n4 Respondent did not contest this allegation of violation. Accordingly, based upon a\nreview of all of the evidence, I find that Respondent violated 49 C.F.R. § 192.745(a) by failing to\ninspect and partially operate each transmission line valve that might be required during an\nemergency at intervals not exceeding 15 months, but at least once each calendar year.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$100,000 per violation for each day of the violation, up to a maximum of $1,000,000 for any\nrelated series of violations. In determining the amount of a civil penalty under\n49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; the Respondent’s\nability to pay the penalty and any effect that the penalty may have on its ability to continue doing\nbusiness; and the good faith of Respondent in attempting to comply with the pipeline safety\nregulations. In addition, I may consider the economic benefit gained from the violation without\nany reduction because of subsequent damages, and such other matters as justice may require.\nThe Notice proposed a total civil penalty of $5,100 for the violations cited above.\nItem 1: The Notice proposed a civil penalty of $5,100 for Respondent’s violation of\n49 C.F.R. § 192.709(c), for failing to maintain a record that correctly documented whether three\nvalves that might be used in an emergency had been partially operated during annual valve\ninspections, in accordance with subparts L and M of Part 192. TETLP neither contested the\nallegation nor presented any evidence or argument justifying elimination of the proposed\npenalty. Although Respondent suggested that the valves had been operated, Respondent\nacknowledged that TETLP’s records contained errors and the incorrect code to indicate that the\nvalves had been operated. Respondent was cognizant of the requirement to maintain record for\ntests required under Subpart L and M but failed to do so. Sound record-keeping practices are\ncritical to the safety of transmission lines. Improper record-keeping practices may enable\npipeline problems to go unnoticed, ultimately leading to a pipeline failure. In addition to sound\nrecord-keeping practices, ensuring valves that might be used in an emergency are operable is\nvitally important to preventing a pipeline failure. Accordingly, having reviewed the record and\nconsidered the assessment criteria, I assess Respondent a civil penalty of $5,100 for violation of\n49 C.F.R. § 192.709(c), which has already been paid by Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 2 in the Notice for violation of\n49 C.F.R. § 192.745(a). Under 49 U.S.C. § 60118(a), each person who engages in the\n4 Violation Report at 7 and Exhibit A3\n\n\n\n4\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. Pursuant to the authority of\n49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following\nactions to ensure compliance with the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 192.745(a) (Item 2), Respondent must review its\nentire inventory of valves within a 50-mile radius of South Plainfield, NJ to properly\nclassify those valves that might be used in an emergency. TETLP must also revise its\nStandard Operating Procedure 5-5010, to specify those classifications of valves that\nmight be used in an emergency, in accordance with §192.745(a). In addition, each\nvalve must be identified and listed in Respondent’s EAM Solution (Maximo) or other\ndata base management system to schedule and document maintenance on applicable\nvalves.\n2. Within 120 days of the date of this Final Order, Respondent must complete all of\nthe requirements in Item 1 above and submit evidence of completion to the Director.\n3. It is requested (not mandated) that TETLP maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the\ntotal to Byron Coy, Director, Eastern Region, Pipeline and Hazardous Materials\nSafety Administration. It is requested that these costs be reported in two categories:\n1) total cost associated with preparation/revision of plans, procedures, studies and\nanalyses, and 2) total cost associated with replacements, additions, and other changes\nto pipeline infrastructure\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":13649}