# NEW YORK STATE ELECTRIC & GAS CORP — Warning Letter

- **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:** Not available
- **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.

Official case documents:

120131029W_Warning Letter_11262013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131029W/120131029W_Warning%20Letter_11262013.pdf

120131029W_Warning Letter_11262013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131029W/120131029W_Warning%20Letter_11262013_text.pdf

120131029W_Warning Letter_11262013_text.pdf

U.S. Department Of Transportation Pipeline and 609.989.2171
Hazardous Materials
Safety Administration
820 Bear Tavern Road, Suite 103
West Trenton, NJ 08628
WARNING LETTER
EXPRESS OVERNIGHT MAIL
November 26, 2013
Mr. Barry Cigich
Vice President Operations and Engineering
Inergy Midstream
Two Brush Creek Boulevard, Suite 200
Kansas City, MO 64112
CPF 1-2013-1029W
Dear Mr. Cigich :
Between August 27-31, 2012, inspectors from the New York State Department of Public Service
(NYSDPS), acting as agents for the Pipeline and Hazardous Materials Safety Administration
(PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the New York State
Electric & Gas (NYSEG) public awareness program at the Watkins Glen, NY facilities.
As a result of the inspection, it appears that you have committed probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the
probable violation is:
1. §192.616 Public Awareness
(a)…
(j) of this section, each pipeline operator must develop and implement a written continuing
public education program that follows the guidance provided in the American Petroleum
Institute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see §
192.7).
NYSEG did not develop and implement a written continuing public education program that
follows the guidance provided in the American Petroleum Institute's (API) Recommended
Practice (RP) 1162 (incorporated by reference, see § 192.7).



1-2013-1029W
API RP 1162 Section 8.3 Measuring Program Implementation states that:
The operator should complete an annual audit or review of whether the program has been
developed and implemented according to the guidelines in this RP.
The purpose of the audit is to answer the following two questions:
- Has the public Awareness Program been developed and written to address the objectives,
elements and baseline schedule as described Section 2 and remainder of this RP?
- Has the Public Awareness Program been implemented and documented according to the
written program?
NYSEG did not conduct an annual audit or review of its Public Awareness Program as
recommended by API RP 1162 Section 8.3.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000
per violation per day the violation persists up to a maximum of $2,000,000 for a related series of
violations. For violations occurring prior to January 4, 2012, the maximum penalty may not
exceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a
related series of violations. We have reviewed the circumstances and supporting documents
involved in this case, and have decided not to conduct additional enforcement action or penalty
assessment proceedings at this time. We advise you to correct the item identified in this letter.
Failure to do so will result in NYSEG being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, please address your correspondence to:
Byron Coy, PE, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, W.
Trenton, NJ 08628 and please refer to CPF 1-2013-1029W. Be advised that all material you
submit in response to this enforcement action is subject to being made publicly available. If you
believe that any portion of your responsive material qualifies for confidential treatment under 5
U.S.C. 552(b), along with the complete original document you must provide a second copy of
the document with the portions you believe qualify for confidential treatment redacted and an
explanation of why you believe the redacted information qualifies for confidential treatment
under 5 U.S.C. 552(b).
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Cc: Kevin Speicher, NYSDPS
120131029W_Warning Ltr_11262013 Page 2 of 2
- **truncated:** false
- **body characters:** 4541