{"operation":"document","citation":"CPF 120151024W","title":"ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP) — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-09-18","effective_on":null,"summary":"CLOSED warning letter citing 192.305.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151024w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151024w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120151024w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120151024W","body":"Warning Letter involving ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulation as 192.305. The case was opened on 2015-09-18 and is reported as closed as of 2015-09-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120151024W_Warning Letter_09182015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151024W/120151024W_Warning%20Letter_09182015.pdf\n\n120151024W_Warning Letter_09182015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151024W/120151024W_Warning%20Letter_09182015_text.pdf\n\n120151024W_Warning Letter_09182015_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 18, 2015\nJ. Andrew Drake\nVice President, Operations & EHS\nAlgonquin Gas Transmission Co (Spectra Energy Corp)\n5400 Westheimer Court\nHouston, TX 77056\nCPF 1-2015-1024W\nDear Mr. Drake:\nOn August 5, 2015, an inspector from the Connecticut Department of Energy and Environmental\nProtection (CT DEEP) acting as Agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code inspected\nthe Algonquin Gas Transmission Company (AGT) main construction work along the pipeline right-of-\nway (ROW) downstream of Fitch Hill Road, Montville, Connecticut.\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 is:\n1. §192.305 Inspection: General.\nEach transmission line or main must be inspected to ensure that it is constructed in accordance\nwith this part.\nAGT failed to ensure that a transmission main was constructed in accordance with Subpart G\nrequirements, specifically in compliance with operator specifications or standards required by §192.303\nwhich states: “Each transmission line or main must be constructed in accordance with comprehensive\nwritten specifications or standards that are consistent with this part.”\nAGT failed to install warning tape in accordance with AGT specifications.\nDuring the inspection, conducted August 5, 2015, the CT DEEP inspector observed padding and\nbackfilling of the E-1L 12\" line installation. The work was being conducted downstream of the Montville\ngate station located on Fitch Hill Road in Montville:\n1. The new pipeline was lowered into the trench and placed on sand bags.\n2. The crew used a shaker bucket to screen excavated material for the backfill around the pipe.\n3. Approximately 100 to 150 feet of pipeline was backfilled to grade.\n\n\n\n1-2015-1024W\nAt the end of the subject work area, the CT DEEP inspector observed that there was no warning tape\nvisible. The CT DEEP inspector asked the AGT project inspector on site, and he confirmed that no\nwarning tape had been installed. The AGT project inspector stated that he had questioned the need for\nwarning tape with other AGT project inspectors and had been told that there was no requirement for\nwarning tape on this job.\nThe CT DEEP inspector checked the standards and drawings for this project. The mechanical standards\ndrawing numbered SG-0007, which is part of the Mechanical Standards package, requires the installation\nof 24 inch wide warning tape over the pipe, 1 to 1.5 feet below grade. The CT DEEP notified AGT of\nthis requirement and the Contractor agreed to excavate down to the line to install warning tape.\nAGT failed to install warning tape in accordance with AGT specifications, and subsequently remediated\nthe shortfall after it was pointed out by the CT DEEP inspector.\nEvidence is based on CT DEEP observations, photographs, AGT drawings and specifications, and\nstatements made by the AGT project inspector to the CT DEEP inspector.\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 item(s) identified in this letter. Failure to do so will result in the AGT being subject to\nadditional enforcement action.\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 1-2015-1024W. 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\nCc: Mr. Karl Baker, CT DEEP\n120151024W_Warning Letter_09182015 Page 2 of 2","truncated":false,"body_characters":5845}