{"operation":"document","citation":"CPF 120151023W","title":"EASTERN SHORE NATURAL GAS CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-09-09","effective_on":null,"summary":"CLOSED warning letter citing 192.631(j)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151023w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151023w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151023w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120151023W","body":"Warning Letter involving EASTERN SHORE NATURAL GAS CO. PHMSA's enforcement data identifies the cited regulation as 192.631(j)(1). The case was opened on 2015-09-09 and is reported as closed as of 2015-09-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120151023W_Warning Letter_09092015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151023W/120151023W_Warning%20Letter_09092015.pdf\n\n120151023W_Warning Letter_09092015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151023W/120151023W_Warning%20Letter_09092015_text.pdf\n\n120151023W_Warning Letter_09092015_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\nSeptember 9, 2015\nMr. Steven Thompson\nSenior Vice President\nEastern Shore Natural Gas Company\n909 Silver Lake Boulevard\nDover, DE 19901\nCPF 1-2015-1023W\nDear Mr. Thompson:\nFrom November 17 through November 21, 2014, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Eastern Shore Natural Gas Company’s (ESNG) Control Room in Dover, Delaware.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation(s) are:\n1. §192.631 Control room management.\n(j) Compliance and deviations. An operator must maintain for review during\ninspection:\n(1) Records that demonstrate compliance with the requirements of this section;\nEastern Shore Natural Gas Company (ESNG) failed to maintain records of the testing of their\ninternal communication plan once each calendar year, but at intervals not exceeding 15 months,\nas prescribed in §192.631(c)(3).\nDuring the inspection, the PHMSA inspector requested records for the calendar year testing of\nthe ESNG internal communication plan.\n1. ESNG produced a record for 2014 that was performed on February 10, 2014.\n2. ESNG was unable to provide a record for 2013. In a conversation on November 20,\n2014, ESNG’s Gas Control Manager stated that the testing of the internal\n\n\n\n1-2015-1023W\ncommunications plan was performed in 2013 and should have been documented within\ntheir Shift Notes. He also stated ESNG does not have a record to verify the 2013 testing.\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(s) identified in this letter.\nFailure to do so will result in Eastern Shore Natural Gas Company being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2015-1023W. Be advised that all material you submit in response to this enforcement\naction 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\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120151023W_Warning Letter_09092015 Page 2 of 2","truncated":false,"body_characters":4070}