{"operation":"document","citation":"CPF 120131029W","title":"NEW YORK STATE ELECTRIC & GAS CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-11-26","effective_on":null,"summary":"CLOSED warning letter citing 192.616(j).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131029w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131029w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131029w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120131029W","body":"Warning Letter involving NEW YORK STATE ELECTRIC & GAS CORP. PHMSA's enforcement data identifies the cited regulation as 192.616(j). The case was opened on 2013-11-26 and is reported as closed as of 2013-11-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120131029W_Warning Letter_11262013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131029W/120131029W_Warning%20Letter_11262013.pdf\n\n120131029W_Warning Letter_11262013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131029W/120131029W_Warning%20Letter_11262013_text.pdf\n\n120131029W_Warning Letter_11262013_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\nEXPRESS OVERNIGHT MAIL\nNovember 26, 2013\nMr. Barry Cigich\nVice President Operations and Engineering\nInergy Midstream\nTwo Brush Creek Boulevard, Suite 200\nKansas City, MO 64112\nCPF 1-2013-1029W\nDear Mr. Cigich :\nBetween August 27-31, 2012, inspectors from the New York State Department of Public Service\n(NYSDPS), acting as agents for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the New York State\nElectric & Gas (NYSEG) public awareness program at the Watkins Glen, NY facilities.\nAs a result of the inspection, it appears that you have committed probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation is:\n1. §192.616 Public Awareness\n(a)…\n(j) of this section, each pipeline operator must develop and implement a written continuing\npublic education program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see §\n192.7).\nNYSEG did not develop and implement a written continuing public education program that\nfollows the guidance provided in the American Petroleum Institute's (API) Recommended\nPractice (RP) 1162 (incorporated by reference, see § 192.7).\n\n\n\n1-2013-1029W\nAPI RP 1162 Section 8.3 Measuring Program Implementation states that:\nThe operator should complete an annual audit or review of whether the program has been\ndeveloped and implemented according to the guidelines in this RP.\nThe purpose of the audit is to answer the following two questions:\n- Has the public Awareness Program been developed and written to address the objectives,\nelements and baseline schedule as described Section 2 and remainder of this RP?\n- Has the Public Awareness Program been implemented and documented according to the\nwritten program?\nNYSEG did not conduct an annual audit or review of its Public Awareness Program as\nrecommended by API RP 1162 Section 8.3.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a\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 identified in this letter.\nFailure to do so will result in NYSEG being subject to additional enforcement 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 1-2013-1029W. 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\nCc: Kevin Speicher, NYSDPS\n120131029W_Warning Ltr_11262013 Page 2 of 2","truncated":false,"body_characters":4541}