# EASTERN SHORE NATURAL GAS CO — Warning Letter

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

Official case documents:

120151023W_Warning Letter_09092015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151023W/120151023W_Warning%20Letter_09092015.pdf

120151023W_Warning Letter_09092015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151023W/120151023W_Warning%20Letter_09092015_text.pdf

120151023W_Warning Letter_09092015_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
OVERNIGHT EXPRESS DELIVERY
September 9, 2015
Mr. Steven Thompson
Senior Vice President
Eastern Shore Natural Gas Company
909 Silver Lake Boulevard
Dover, DE 19901
CPF 1-2015-1023W
Dear Mr. Thompson:
From November 17 through November 21, 2014, a representative of the Pipeline and Hazardous
Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code
inspected Eastern Shore Natural Gas Company’s (ESNG) Control Room in Dover, Delaware.
As a result of the inspection, it appears that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the
probable violation(s) are:
1. §192.631 Control room management.
(j) Compliance and deviations. An operator must maintain for review during
inspection:
(1) Records that demonstrate compliance with the requirements of this section;
Eastern Shore Natural Gas Company (ESNG) failed to maintain records of the testing of their
internal communication plan once each calendar year, but at intervals not exceeding 15 months,
as prescribed in §192.631(c)(3).
During the inspection, the PHMSA inspector requested records for the calendar year testing of
the ESNG internal communication plan.
1. ESNG produced a record for 2014 that was performed on February 10, 2014.
2. ESNG was unable to provide a record for 2013. In a conversation on November 20,
2014, ESNG’s Gas Control Manager stated that the testing of the internal



1-2015-1023W
communications plan was performed in 2013 and should have been documented within
their Shift Notes. He also stated ESNG does not have a record to verify the 2013 testing.
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(s) identified in this letter.
Failure to do so will result in Eastern Shore Natural Gas Company being subject to additional
enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 1-2015-1023W. 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
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