{"operation":"document","citation":"CPF 120151012","title":"EASTERN GAS TRANSMISSION AND STORAGE, INC. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-06-05","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605(a), 192.709(c), 192.731(a), 192.743(a), 192.751(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151012","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120151012","body":"Notice of Probable Violation involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulations as 192.605(a),  192.709(c),  192.731(a),  192.743(a),  192.751(a). The case was opened on 2015-06-05 and is reported as closed as of 2019-04-08. Proposed civil penalty: $152,600. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120151012_NOPV PCP PCO_06052015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151012/120151012_NOPV%20PCP%20PCO_06052015.pdf\n\n120151012_NOPV PCP PCO_06052015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151012/120151012_NOPV%20PCP%20PCO_06052015_text.pdf\n\n120151012_NOPV PCP PCO_Corrected PCP Total_06112015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151012/120151012_NOPV%20PCP%20PCO_Corrected%20PCP%20Total_06112015.pdf\n\n120151012_NOPV PCP PCO_Corrected PCP Total_06112015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151012/120151012_NOPV%20PCP%20PCO_Corrected%20PCP%20Total_06112015_text.pdf\n\n120151012_Operator Response to Notice_08312015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151012/120151012_Operator%20Response%20to%20Notice_08312015.pdf\n\n120151012_Region Withdrawal of Notice Letter_04082019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151012/120151012_Region%20Withdrawal%20of%20Notice%20Letter_04082019.pdf\n\n120151012_Region Withdrawal of Notice Letter_04082019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151012/120151012_Region%20Withdrawal%20of%20Notice%20Letter_04082019_text.pdf\n\n120151012_NOPV PCP PCO_Corrected PCP Total_06112015_text.pdf\n\nU.S. Department\n820 Bear Tavern Road, Suite 103\nPipeline and\nOf Transportation\nWest Trenton, NJ 08628\nSafety Administration\nHazardous Materials\n609.989.2171\nOVERNIGHT EXPRESS DELIVERY\nJune 11, 2015\nBrian Sheppard, VP, Pipeline Operations\n445 West Main Street\nDominion Transmission, Inc.\nClarksburg, WV 26302-2450\nCPF No.: 1-2015-1012\nRE: Total assessed civil penalty (corrected) stated in the Notice of Probable Violation, Proposed Civil\nPenalty and Proposed Compliance Order (Notice) letter dated June 5, 2015.\nDear Mr. Sheppard:\nOn June 5, 2015, Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety, Eastern\nRegion (N.J.), issued a Notice letter, in the above-referenced case, to Dominion Transmission, Inc. On page\n4, in the section titled \"Proposed Civil Penalty\" of the Notice letter (see italicized excerpt below)\ninadvertently states a total assessed civil penalty of $156,700. Please be advised, the correct total assessed\ncivil penalty is $152,600. The penalty stated for each item number is correct and thus remains the same.\nProposed Civil Penalty (Excerpt from CPF 1-2015-1012 June 5, 2015 letter (page 4)):\nthe violation persists up to a maximum of $2,000,000 for a related series of violations. For violations occurring prior\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per violation per day\nto January 4, 2012, the maximum penalty may not exceed $100,000 per violation per day, with a maximum penalty not\nto exceed $1,000,000 for a related series of violations. The Compliance Officer has reviewed the circumstances and\nsupporting documentation involved in the above probable violation(s) and has recommended that you be preliminarily\nItem number\nPENALTY\n3\n2\n$36,700\n$43,200\n5\n$36,000\n$36,700\nThank you for your ongoing cooperation in this matter.\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120151012_Region Withdrawal of Notice Letter_04082019_text.pdf\n\nWITHDRAWAL of NOTICE LETTER\nOVERNIGHT EXPRESS DELIVERY\nApril 8, 2019\nBrian Sheppard\nVice President, Eastern Pipeline Operations\nDominion Energy Transmission, Inc.\n925 White Oaks Boulevard\nBridgeport, WV 26330\nCPF 1-2015-1012\nDear Mr. Sheppard:\nOn June 5, 2015, Dominion Energy Transmission, Inc. (DETI) was issued a Notice of Probable\nViolation, Proposed Civil Penalty, and Proposed Compliance Order letter for the case number\nreferenced above. This Notice cited DETI for 7 alleged violations of various portions of the\npipeline safety regulations found in 49 CFR Part 192.\nThis Notice alleged that DETI was in violation of § 192.605(a) for failing to follow its O&M and\nfailing to secure three separate relief valves in the open position as it relates to § 192.199(h); in\nviolation of § 192.605(a) for failing to follow its O&M and failing to verify the proper position of\nan isolation valve under a relief device; in violation of § 192.605(a) for failing to follow its O&M\nand failing to protect an emergency valve from unauthorized operation or damage; in violation of\n§ 192.709(c) for failing to maintain transmission line records of each patrol, survey, inspection,\nand test required by subparts L and M by failing to maintain MAOP records for 88 regulator\nstations; in violation of § 192.731(a) for failing to inspect and test each pressure relieving device\nin a compressor station in accordance with § 192.739(a); in violation of § 192.743(a) for failing to\nensure that the relief capacity of two relief devices was sufficient; and in violation of § 192.751 by\nfailing to take steps to minimize the danger of accidental ignition of gas in any structure or area\nwhere the presence of gas constitutes a hazard of fire or explosion.\nDETI responded to this Notice by letter, dated August 31, 2015. DETI provided information to\nshow it had taken action to address 6 of the 7 alleged violations and meet the terms of the original\n\n\n\nProposed Compliance Order for those items. In addition, DETI proposed a Consent Agreement to\naddress the remaining item. Upon further review, we have decided to withdraw the Notice.\nThis letter is to inform you that PHMSA hereby withdraws the Notice and that the case is now\nclosed.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n2\n\n120151012_NOPV PCP PCO_06052015_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\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nOVERNIGHT EXPRESS DELIVERY\nJune 05, 2015\nBrian Sheppard\nVice President, Pipeline Operations\nDominion Transmission, Inc.\n445 West Main Street\nClarksburg, WV 26302-2450\nCPF 1-2015-1012\nDear Mr. Sheppard:\nBetween August 26, 2013 to March 31, 2014, representatives of the Pipeline and Hazardous Materials\nSafety Administration, and the West Virginia Public Service Commission (WV PSC), pursuant to Chapter\n601 of 49 United States Code inspected the Dominion Transmission, Inc. (DTI) facilities and records in\nthe Bridgeport, Lightburn, Charleston, and Hastings operating areas of WV.\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 violation(s)\nare:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of written\nprocedures for conducting operations and maintenance activities and for emergency response. For\ntransmission lines, the manual must also include procedures for handling abnormal operations.\nThis manual must be reviewed and updated by the operator at intervals not exceeding 15 months,\nbut at least once each calendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations where operations and\nmaintenance activities are conducted.\nDTI failed to follow its O&M procedures by failing to secure three isolation valves under three separate\nrelief valves at regulator station XS-2138 Cross in the open position. Also note the requirements of Part\n192.199(h). DTI Procedure 210-02 Pressure Regulation revised 10152012 Page 10, section VI (A) 2,\nstates in part that “isolation valves under relief devices should be secured in the open position in a manner\nthat prevents operation by unauthorized personnel.”\n\n\n\n1-2015-1012\nDuring the field inspection, the WV PSC inspector visited the regulator station and noted that the\nisolation valves under relief devices 002, 005, and 007 were in the open position but not locked or secured\nin the open position in a manner that prevents operation by unauthorized personnel. The relief valves\nwere the primary means of over protection. The regulator station was not fenced in.\nThe WV PSC inspectors took photographs of the three unlocked isolation valves 002, 005, and 007 at\nregulator station XS-2138 Cross.\n2. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of written\nprocedures for conducting operations and maintenance activities and for emergency response. For\ntransmission lines, the manual must also include procedures for handling abnormal operations.\nThis manual must be reviewed and updated by the operator at intervals not exceeding 15 months,\nbut at least once each calendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations where operations and\nmaintenance activities are conducted.\nDTI failed to follow its O&M procedure by failing to verify the proper position of an isolation valve\nunder a relief device at Regulator station XS 1847 (White Day).\nDTI Procedure 210-02 Pressure Regulation revised 10152012 Page 10 section VI (A) 1 states that the\nfinal aspect of the inspection should include the following: “Verification for proper position for all valves\n. . . ”\nDuring the field inspection, the WVPSC inspector visited the regulator station and noted that an isolation\nvalve under relief valve 003 was locked in the closed position. According to DTI, the last relief valve\ninspection was performed in August 2013. The isolation valve should have been in the open\nposition. Also note the requirements of Part 192.199(h).\nWV PSC inspectors took photographs of the isolation valve in the closed position under relief device 003.\nDTI did not offer an estimation of when the last time the isolation valve under relief device 003 was\nlocked in the open position.\n3. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of written\nprocedures for conducting operations and maintenance activities and for emergency response. For\ntransmission lines, the manual must also include procedures for handling abnormal operations.\nThis manual must be reviewed and updated by the operator at intervals not exceeding 15 months,\nbut at least once each calendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations where operations and\nmaintenance activities are conducted.\nDTI failed to follow its O&M procedure by failing to protect an emergency valve from unauthorized\noperation or damage.\nDTI Procedure Section:390/Valve Inspection and Maintenance SOP:01/Transmission, Storage, and\nJurisdictional Gathering Pipelines section IV (B) 2 states “An inspection shall not be considered\ncomplete unless the valve and valve operator are readily accessible and protected from unauthorized\noperation and damage (i.e. lock and/or chain of valve wheels and operator systems, wrench/wheel\noperator removed and locked in another location, . . .\nDuring the inspection, the WV PSC observed and photographed that emergency valve 664B, located\noutside of the compressor station fencing, was not protected from unauthorized operation. Neither the\nESD air supply valve, nor the power gas valve was locked and the handles had not been removed and\nlocked in another location.\nDTI stated that they had no reason why the valve was not secured.\n120151012_NOPV_PCO_PCP_06052015\n2 of 6\n\n\n\n1-2015-1012\n4. §192.709 Transmission lines: Record keeping.\nEach operator shall maintain the following records for transmission lines for the periods specified:\n(c) A record of each patrol, survey, inspection, and test required by subparts L and M of this part\nmust be retained for at least 5 years or until the next patrol, survey, inspection, or test is completed,\nwhichever is longer.\nDTI failed to maintain transmission line records of each patrol, survey, inspection, and test required by\nsubparts L and M of this part. Specifically, DTI failed to maintain MAOP records for 88 regulator\nstations.\nWhen asked about the MAOP records by the PHMSA/WV PSC inspection team, a DTI representative\nstated that DTI has not established MAOP records that are traceable, verifiable and complete to support\nthe MAOP for the 88 regulator stations, and DTI will not be able to begin an accelerated process of\nverifying the MAOP on the 88 regulator stations until 2015. The DTI representative stated that DTI was\naware of this MAOP records problem and started taking action to address the problem. DTI could not\nproduce any written evidence of DTI’s awareness of their MAOP problem or of DTI actions taken.\n5. §192.731 Compressor stations: Inspection and testing of relief devices.\n(a) Except for rupture discs, each pressure relieving device in a compressor station must be\ninspected and tested in accordance with §§192.739 and 192.743, and must be operated periodically\nto determine that it opens at the correct set pressure.\nDTI failed to inspect and test each pressure relieving device in a compressor station in accordance with\n§192.739(a). §192.739(a) requires that each pressure limiting station, relief device (except rupture discs),\nand pressure regulating station and its equipment be subjected to inspections and tests at intervals not\nexceeding 15 months, but at least once each calendar year,.\nDTI failed to inspect and test thermal relief device #419 at the Racket Newberne station at least once per\ncalendar year not exceeding 15 months. The relief device was installed 11/01/2009 and the first record of\ninspection and testing was 09/09/2013. The relief device was not inspected in 2010, 2011 or 2012.\nWhen asked by the PHMSA/WV PSC inspection team if DTI could supply a copy of the last 5 years of\nthe relief device inspection records, a DTI representative stated that the relief device was only inspected\ntwice, once on 09/09/2013 and once on 10/07/2013.\n6. §192.743 Pressure limiting and regulating stations: Capacity of relief devices\n(a) Pressure relief devices at pressure limiting stations and pressure regulating stations must have\nsufficient capacity to protect the facilities to which they are connected. Except as provided in\n§192.739(b), the capacity must be consistent with the pressure limits of §192.201(a). This capacity\nmust be determined at intervals not exceeding 15 months, but at least once each calendar year, by\ntesting the devices in place or by review and calculations\nDTI failed to ensure that the relief capacity at regulator station XS-1719 Sylvester for relief devices 007\nand 008, and at Regulator station XS-1709 Twilight for relief device 007, was sufficient.\nThe following information was taken from relief valve inspection reports.\nXS-1719 Sylvester regulator station.\nRelief valve 007 set point relief valves were calculated at\n2011 60 PSI 2011 35 PSI\n2012 40 PSI 2012 35 PSI\n2013 60 PSI 2013 35 PSI\n120151012_NOPV_PCO_PCP_06052015\n3 of 6\n\n\n\n1-2015-1012\nRelief valve 008 set point relief valves were calculated at\n2011 60 PSI 2011 35 PSI\n2012 60 PSI 2012 35 PSI\n2013 40 PSI 2013 35 PSI\nXS-1709 Twilight regulator station.\nRelief valve 007 set point relief valve 007 was calculated at\n2011 40 PSI 2011 30 PSI\n2012 60 PSI 2012 30 PSI\n2013 60 PSI 2013 30 PSI\nRelief device capacity must be calculated at the set point of the actual installed relief device. By example,\nif the set point is 60 psig, capacity calculations should be performed using 60 psig. DTI used the\nincorrect pressure in the calculation, thereby failing to meet the requirements of §192.743.\n7. §192.751 Prevention of accidental ignition.\nEach operator shall take steps to minimize the danger of accidental ignition of gas in any structure\nor area where the presence of gas constitutes a hazard of fire or explosion, including the following:\nWhen a hazardous amount of gas is being vented into open air, each potential source of ignition\nmust be removed from the area and a fire extinguisher must be provided.\nDTI failed to take steps to minimize the danger of accidental ignition of gas in any structure or area where\nthe presence of gas constitutes a hazard of fire or explosion. Specifically, DTI failed to tighten 6 bolts on\nthe cover of an explosion proof box which contained the electrical switch for valve number 10 at the\nRacket Newberne compressor station, thus negating the explosion proof feature of the box.\nWV PSC inspectors observed and photographed the loose bolts on the switch box. DTI’s representative\nsaid that DTI had no idea how long the bolts were loose on the switch box for valve number 10.\nProposed Civil Penalty\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.\nThe Compliance Officer has reviewed the circumstances and supporting documentation involved in the\nabove probable violation(s) and has recommended that you be preliminarily assessed a civil penalty of\n$156,700 as follows:\nItem number PENALTY\n1 $36,700\n2 $43,200\n3 $36,000\n5 $36,700\nProposed Compliance Order\nWith respect to items 1, 3, 4, 6, and 7 pursuant to 49 United States Code § 60118, the Pipeline and\nHazardous Materials Safety Administration proposes to issue a Compliance Order to Dominion\nTransmission, Inc. (DTI). Please refer to the Proposed Compliance Order, which is enclosed and made a\npart of this Notice.\n120151012_NOPV_PCO_PCP_06052015\n4 of 6\n\n\n\n1-2015-1012\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. All material you\nsubmit in response to this enforcement action may be made publicly available. If you believe that any\nportion 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). If you do not respond within 30\ndays of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this\nNotice without further notice to you and to issue a Final Order.\nPlease submit all correspondence in this matter to Byron Coy, PE, Director, PHMSA Eastern Region, 820\nBear Tavern Road, Suite 103, W. Trenton, NJ 08628. Please refer to CPF 1-2015-1012 on each\ndocument you submit, and please whenever possible provide a signed PDF copy in electronic format.\nSmaller files may be emailed to Byron.Coy@dot.gov. Larger files should be sent on a CD accompanied\nby the original paper copy to the Eastern Region Office.\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: Mary Friend, WV PSC\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\n120151012_NOPV_PCO_PCP_06052015\n5 of 6\n\n\n\n1-2015-1012\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) proposes to issue to Dominion Transmission, Inc. (DTI) a Compliance Order incorporating the\nfollowing remedial requirements to ensure the compliance of DTI with the pipeline safety regulations:\n1. 2. 3. 4. 5. 6. 7. In regard to Item Number 1 of the Notice pertaining to DTI’s failure to follow its O&M\nprocedures by failing to secure three isolation devices, DTI must secure those three\nisolation devices. This is to be accomplished within 90 days receipt of the Final Order.\nIn regard to Item Number 3 of the Notice pertaining to DTI’s failure to follow its O&M\nprocedures by failing to protect an emergency valve from unauthorized operation, DTI\nmust protect the emergency valve from unauthorized operation. This is to be\naccomplished within 90 days receipt of the Final Order.\nIn regard to Item Number 4 of the Notice pertaining to DTI’s failure to maintain MAOP\nrecords for eighty eight (88) regulator stations, DTI must resolve the MAOP issues with\nthese 88 regulator stations, and establish/maintain a credible MAOP record for each of\nthe regulator stations noted. DTI must prioritize the work to address the 88 regulator\nstations by which regulator station piping is operating closer to the piping SMYS. This is\nto be accomplished within 24 months receipt of the Final Order.\nIn regard to Item Number 6 of the Notice pertaining to DTI’s failure to ensure that the\nrelief capacity of the devices noted was sufficient, DTI must perform and document\ncalculations to establish the proper relief capacity for each relief device. This is to be\naccomplished within 90 days receipt of the Final Order.\nIn regard to Item Number 7 of the Notice pertaining to DTI’s failure to take steps to\nminimize the danger of accidental ignition, DTI must take actions to ensure that the\nenclosure cited equipment meets National Electrical Code (NEC) standards. This is to be\naccomplished within 90 days receipt of the Final Order.\nDTI must complete the requirements as outlined above. All documentation\ndemonstrating compliance with each of the items outlined in this proposed compliance\norder must be submitted to Byron Coy, PE, Director, Eastern Region , Pipeline and\nHazardous Materials Safety Administration, Suite 103, Bear Tavern Road, West Trenton,\nNJ for review.\nIt is requested (not mandated) that DTI maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the total\nto Byron Coy, PE, Director, Eastern Region, Pipeline and Hazardous Materials Safety\nAdministration. It is requested that these costs be reported in two categories: 1) total cost\nassociated with preparation/revision of plans, procedures, studies and analyses, and 2)\ntotal cost associated with replacements, additions and other changes to pipeline\ninfrastructure.\n120151012_NOPV_PCO_PCP_06052015\n6 of 6","truncated":false,"body_characters":23248}