{"operation":"document","citation":"CPF 120151005W","title":"NATIONAL FUEL GAS SUPPLY CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-03-24","effective_on":null,"summary":"CLOSED warning letter citing 192.739(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120151005W","body":"Warning Letter involving NATIONAL FUEL GAS SUPPLY CORP. PHMSA's enforcement data identifies the cited regulation as 192.739(a). The case was opened on 2015-03-24 and is reported as closed as of 2015-03-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120151005W_Warning Letter_03242015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151005W/120151005W_Warning%20Letter_03242015.pdf\n\n120151005W_Warning Letter_03242015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151005W/120151005W_Warning%20Letter_03242015_text.pdf\n\n120151005W_Warning Letter_03242015_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\nMarch 24, 2015\nJohn Pustulka\nPresident\nNational Fuel Gas Supply Corporation\n6363 Main Street\nWilliamsville, NY 14221\nCPF 1-2015-1005W\nDear Mr. Pustulka:\nFrom September 15 - 18, 2014, an inspector from the New York State Department of Public Service\n(NYSDPS), acting as agents for the Pipeline and Hazardous Materials Safety Administration (PHMSA)\npursuant to Chapter 601 of 49 United States Code inspected the National Fuel Gas Supply Corporation\n(NFG) Limestone Storage facilities in Cattaraugus County, NY.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety\nRegulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:\n1. §192.739 Pressure limiting and regulating stations: Inspection and testing.\n(a) Each pressure limiting station, relief device (except rupture discs), and pressure regulating\nstation and its equipment must be subjected at intervals not exceeding 15 months, but at least\nonce each calendar year, to inspections and tests to determine that it is—\nNFG failed to inspect each pressure limiting station, relief device (except rupture discs), and Pressure\nregulating station and its equipment at intervals not exceeding 15 months, but at least once each calendar\nyear. Specifically, NFG failed to inspect Regulator Unit #5, located at the Limestone Storage Facility in NY,\nwithin a 15 month interval, as required by §192.739(a).\nRegulator Unit #5 (RG 5) was inspected on the following dates:\n1. August 22, 2012.\n2. December 19, 2013. This is an interval of 15 months and 27 days.\n3. October 21, 2014.\nThe inspection conducted on December 19, 2013 exceeded the 15 month requirement by 27 days.\n\n\n\n1-2015-1005W\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. For\nviolations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation\nper day, with a maximum penalty not to exceed $1,000,000 for a related series of violations. We have\nreviewed the circumstances and supporting documents involved in this case, and have decided not to conduct\nadditional enforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitems identified in this letter. Failure to do so will result in National Fuel Gas Supply Corporation being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2015-1005W. Please send all correspondence in this matter to Byron Coy, PE, Director, PHMSA\nEastern Region, 820 Bear Tavern Road, Suite 103, W. Trenton, NJ 08628. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you believe that\nany portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with\nthe complete original document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies 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\nCC: NYSDPS – Mr. Kevin Speicher\n120151005W_Warning Letter_03242015 2 of 2","truncated":false,"body_characters":4493}