{"operation":"document","citation":"CPF 120141006W","title":"TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP) — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-06-12","effective_on":null,"summary":"CLOSED warning letter citing 190.203(f).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120141006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120141006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120141006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120141006W","body":"Warning Letter involving TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulation as 190.203(f). The case was opened on 2014-06-12 and is reported as closed as of 2014-06-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120141006W_Operator Response_07152014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141006W/120141006W_Operator%20Response_07152014.pdf\n\n120141006W_Warning Letter_06122014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141006W/120141006W_Warning%20Letter_06122014.pdf\n\n120141006W_Warning Letter_06122014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120141006W/120141006W_Warning%20Letter_06122014_text.pdf\n\n120141006W_Warning Letter_06122014_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 DELIVERY\nJune 12, 2014\nMr. J. Drake\nVP, Operations & EHS\nTexas Eastern Transmission, LP\n5400 Westheimer Court\nHouston, TX 77056-5310\nCPF 1-2014-1006W\nDear Mr. Drake:\nOn July 15, 2008, pursuant to 49 U.S.C. §60118(c) and 49 C.F.R. §190.341, Texas Eastern Transmission,\nLP (TETLP) filed a special permit request with the Pipeline & Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), for a waiver from certain provisions of 49\nC.F.R. § Part 192. On July 31, 2009, PHMSA issued an order granting TETLP a special permit with\ncertain conditions and limitations (Order). See PHMSA-2008-0188.\nConcluding on May 14, 2014, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States\nCode, inspected the pipeline procedures and records of TETLP to confirm the company’s compliance\nwith the Order.\nAs a result of the inspection, it appears that TETLP has committed probable violations of the Order. As\nstated in 49 C.F.R. §190.203(f), when information obtained from an inspection indicates that further OPS\naction is warranted, OPS may initiate one or more enforcement proceedings prescribed in §190.207\nthrough 190.235.\nThe items inspected and the probable violations are:\n1. Condition 3\nTETLP must perform a close interval survey (CIS) of the Grantville CSD 24-inch Line 12\npipeline along the entire length of all special permit inspection areas no later than one year\nafter the grant of this special permit and remediate any areas of inadequate cathodic\nprotection.\nA CIS and remediation need not be performed if TETLP has performed a CIS and\nremediation on the Grantville CSD 24-inch Line 12 pipeline along the entire length of all\nspecial permit inspection areas less than four years prior to the grant of this special permit.\nIf factors beyond TETLP's control prevent the completion of the CIS and remediation\nwithin one year, a CIS and remediation must be completed as soon as practicable and a\nletter justifying the delay and providing the anticipated date of completion must be\nsubmitted to the Director, PHMSA Eastern Region no later than one year after the grant of\nthis special permit.\n\n\n\n1-2014-1006W\nTETLP failed to send a letter to the Director, PHMSA Eastern Region no later than one year after the\ngrant of this special permit justifying the delay in completing remediation of low cathodic protection\nreadings identified during the close interval survey (CIS), and providing the anticipated remediation\ncompletion date.\nThe special permit was granted July 31, 2009. TETLP completed the CIS on November 20, 2009,\nhowever TETLP failed to submit a letter justifying the delay by July 31, 2010.\n2. Condition 27\nCertification: A senior executive officer of TETLP must certify in writing the following:\na) TETLP pipeline special permit inspection areas and special permit segments meet the\nconditions described in this special permit,\nb) The written manual of O&M procedures for the TETLP pipeline has been updated to\ninclude all additional operating and maintenance requirements of this special permit; and\nc) TETLP has implemented all conditions as required by this special permit.\nTETLP must send a copy of the certification required in Condition 27 with the required\nsenior executive signature and date of signature to the Director, PHMSA Eastern Region\nwithin one year of the date of this special permit.\nTETLP failed to certify in writing that they implemented all conditions as required by this special permit\nin Condition 27(c).\nThe certification, with the required senior executive signature and date of signature, was due on July 31,\n2010, one year after the special permit was granted on July 31, 2009.\n3. Condition 13\nTETLP must give a minimum of 14 days advance notice to the Director, PHMSA Eastern\nRegion to enable him/her to observe the excavations relating to Conditions 5, 6 (b),\n19,20,21,22,23 and 24 of field activities in the special permit segments and/or special permit\ninspection areas.\nImmediate response conditions do not require a 14-day advance notice, but the Director,\nPHMSA Eastern Region should be notified by TETLP no later than two business days after\nthe immediate condition is discovered.\nTETLP performed two excavations relating to Conditions 5, 6 (b), 19, 20, 21, 22, 23 and 24 of field\nactivities in the special permit segments and/or special permit inspection areas and failed to notify the\nPHMSA ER in advance of the excavation.\nThere were 2 excavations completed on April 7, 2010, and April 15, 2010, respectively. TETLP did not\nprovide notices of any kind to the Director, PHMSA Eastern Region.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the items identified in this letter. Failure to do so will result in TETLP being subject to\nadditional enforcement action.\n120141006W_WL_06122014 2 of 3\n\n\n\n1-2014-1006W\nNo reply to this letter is required. If you choose to reply, please address your correspondence to: Byron\nCoy, PE, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, W. Trenton, NJ 08628\nand please refer to CPF 1-2014-1006W. Be advised that all material you submit in response to this\nenforcement action 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 complete\noriginal document you must provide a second copy of the document with the portions you believe qualify\nfor confidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b).\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response letter\npertains solely to one CPF case number.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120141006W_WL_06122014 3 of 3","truncated":false,"body_characters":7552}