{"operation":"document","citation":"CPF 120121024W","title":"NATIONAL FUEL GAS SUPPLY CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-11-29","effective_on":null,"summary":"CLOSED warning letter citing 192.241(a), 192.307.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120121024w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120121024w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120121024w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120121024W","body":"Warning Letter involving NATIONAL FUEL GAS SUPPLY CORP. PHMSA's enforcement data identifies the cited regulations as 192.241(a),  192.307. The case was opened on 2012-11-29 and is reported as closed as of 2012-11-29. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120121024W_Operator_Response_and_Request_for_a_Meeting_12182012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121024W/120121024W_Operator_Response_and_Request_for_a_Meeting_12182012.pdf\n\n120121024W_Warning Letter_11292012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121024W/120121024W_Warning%20Letter_11292012.pdf\n\n120121024W_Warning Letter_11292012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120121024W/120121024W_Warning%20Letter_11292012_text.pdf\n\n120121024W_Warning Letter_11292012_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\nWARNING LETTER\nOVERNIGHT EXPRESS MAIL\nNovember 29, 2012\nMr. John Pustulka, President\nNational Fuel Gas Supply Corporation\n6363 Main Street\nWilliamsville, NY 14221-5887\nCPF 1-2012-1024W\nDear Mr. Pustulka:\nOn July 27, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your Line\nN 2012 Pipeline Expansion Project (4.58 miles) near Washington, PA.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation(s) are:\n1. §192.241 Inspection and test of welds.\n(a) Visual inspection of welding must be conducted by an individual qualified by\nappropriate training and experience to ensure that:\n(1) The welding is performed in accordance with the welding procedure; and\n(2) The weld is acceptable under paragraph (c) of this section.\nNational Fuel Gas Supply Corporation (NFG) did not have records indicating that visual\ninspections had been performed on in-process welding on the Line N 2012 Pipeline Expansion\nProject to ensure that the welding procedures were followed.\nThe welding inspector stated that the in-process inspections are usually done once a day. On\nJuly 27, 2012, the welding inspector stated that he was unable to demonstrate his in-process\n\n\n\n1-2012-1024W\ninspection techniques due to a defective volt meter. According to the welding inspector it had\nbeen a week to ten days since he had performed an in-process inspection to ensure that the\nwelding procedures were being followed.\nNFG should develop procedures to address this section of the code that include instructions for\nconducting in-process welding inspections (including inspection intervals) and a method for\ndocumenting these inspections.\n2. §192.307 Inspection of materials.\nEach length of pipe and each other component must be visually inspected at the site of\ninstallation to ensure that it has not sustained any visually determinable damage that could\nimpair its serviceability.\nNFG failed to visually inspect each length of pipe at the site of installation to ensure that it has\nnot sustained any visually determinable damage that could impair its serviceability.\nNFG personnel indicated that material inspections were performed for some of the smaller\nmaterial as it was received on-site or at the construction yard. The individual receiving the\nmaterial signs off on the material receiving report to note the receipt and inspection of the\nmaterial. However, this process is not administered for larger components and line pipe.\nNFG should develop procedures as applicable to ensure that material inspections are being\nperformed and documented to show compliance with this section of the code.\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(s) identified in this letter.\nFailure to do so will result in National Fuel Gas Supply Corporation being subject to additional\nenforcement action.\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, W.\nTrenton, NJ 08628 and please refer to CPF 1-2012-1024W. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe document 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).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n1-2012-1024W_Warning Letter_11292012 Page 2 of 2","truncated":false,"body_characters":5367}