{"operation":"document","citation":"CPF 120165008","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":"2016-09-21","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120165008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120165008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120165008","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120165008","body":"Notice of Probable Violation involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2016-09-21 and is reported as closed as of 2018-10-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120165008_Closure Letter_10152018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165008/120165008_Closure%20Letter_10152018.pdf\n\n120165008_Closure Letter_10152018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165008/120165008_Closure%20Letter_10152018_text.pdf\n\n120165008_Final Order_09212017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165008/120165008_Final%20Order_09212017.pdf\n\n120165008_Final Order_09212017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165008/120165008_Final%20Order_09212017_text.pdf\n\n120165008_NOPV_PCO_09212016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165008/120165008_NOPV_PCO_09212016.pdf\n\n120165008_NOPV_PCO_09212016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165008/120165008_NOPV_PCO_09212016_text.pdf\n\n120165008_Operator Response to Notice_10212016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120165008/120165008_Operator%20Response%20to%20Notice_10212016.pdf\n\n120165008_Final Order_09212017_text.pdf\n\nSeptember 21, 2017\nMr. Thomas F. Farrell, II\nChairman, President & CEO\nDominion Energy, Inc.\n120 Tredegar Street\nRichmond, VA 23219\nRe: CPF No. 1-2016-5008\nDear Mr. Farrell:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken by your subsidiary, Dominion Energy\nTransmission, Inc., to comply with the pipeline safety regulations. When the terms of the\ncompliance order have been completed, as determined by the Director, Eastern Region, this\nenforcement action will be closed. Service of the Final Order by certified mail is effective upon\nthe date of mailing as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMr. Brian Sheppard, VP, Pipeline Operations, Dominion Energy Transmission, Inc.,\n925 White Oaks Boulevard, Bridgeport, WV 26330\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\n)\n)\nDominion Energy Transmission, Inc., )\na subsidiary of Dominion Energy, Inc., )\nRespondent. )\n____________________________________)\n) CPF No. 1-2016-5008\nFINAL ORDER\nFrom September 29, 2014, through May 31, 2016, pursuant to 49 U.S.C. § 60117, a\nrepresentative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of the propane pipeline\nfacilities and records of Dominion Energy Transmission, Inc. (Dominion or Respondent), from\nHastings, West Virginia, to Hutchinson, Pennsylvania. Dominion operates approximately 7,300\nmiles of gas and hazardous liquid pipeline in six states — Ohio, West Virginia, Pennsylvania,\nNew York, Maryland and Virginia.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated September 21, 2016, a Notice of Probable Violation and Proposed Compliance\nOrder (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nDominion had violated 49 C.F.R. § 195.402(a) and proposed ordering Respondent to take certain\nmeasures to correct the alleged violation.\nDominion responded to the Notice by letter dated October 21, 2016 (Response). The company\ndid not contest the allegation of violation. Respondent did not request a hearing and therefore\nhas waived its right to one.\nFINDING OF VIOLATION\nIn its Response, Dominion did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.402(a), which states:\n1 Dominion’s website, available at https://www.dominionenergy.com/about-us/moving-energy/dominion-energy-\ntransmission-inc (last accessed June 28, 2017).\n\n\n\nCPF No. 1-2016-5008\nPage 2\n§ 195.402 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and\nemergencies. This manual shall be reviewed at intervals not exceeding 15\nmonths, but at least once each calendar year, and appropriate changes made\nas necessary to insure that the manual is effective. This manual shall be\nprepared before initial operations of a pipeline system commence, and\nappropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.402(a) by failing to prepare and\nfollow for each pipeline system a manual of written procedures for conducting normal operations\nand maintenance activities and handling abnormal operations and emergencies. Specifically, the\nNotice alleged that Dominion failed to include in its written operations manual the requirements\nset forth in Sections 6.2, 6.3, 6.4 and 6.5 of API Recommended Practice (RP) 1130 for operating,\nmaintaining, testing, record keeping, and training dispatchers on its computational pipeline\nmonitoring (CPM) leak detection system, as required by § 195.444.2\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.402(a) by failing to have a\nmanual of written procedures that incorporated the requirements of API RP 1130 pertaining to its\nCPM leak detection system.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of\n49 C.F.R. §195.402(a). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under chapter 601. Pursuant to the\nauthority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the\nfollowing actions to ensure compliance with the pipeline safety regulations applicable to its\noperations:\n1. With respect to the violation of § 195.402(a) (Item 1), Respondent must amend its\nwritten procedures to address the requirements of API RP 1130 within 90 days of\nreceipt of the Final Order, and submit the amended procedures to PHMSA for review\n2 Section 195.444 states that each CPM leak detection system must comply with API RP 1130 in operating,\nmaintaining, testing, record keeping, and dispatcher training of the system. See 49 C.F.R. § 195.3 (incorporating API\nRP 1130 by reference).\n\n\n\nCPF No. 1-2016-5008\nPage 3\nand approval by the Director. Once approved, Respondent must implement these\namended procedures and submit records, as required by the amended procedures, to\nthe Director within 270 days after the procedures have been approved.\nIt is requested that Dominion maintain documentation of the safety improvement costs associated\nwith fulfilling this Compliance Order and submit the total to the Director, Eastern Region,\nPHMSA. It is requested that these costs be reported in two categories: (1) total cost associated\nwith preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated\nwith replacements, additions, and other changes to pipeline infrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this\nFinal Order by Respondent. Any petition submitted must contain a statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The terms of the order, including corrective\naction, remain in effect unless the Associate Administrator, upon request, grants a stay. The\nterms and conditions of this Final Order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\nSeptember 21, 2017\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n120165008_Closure Letter_10152018_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nOctober 15, 2018\nMr. Brian Sheppard\nVice President - Eastern Pipeline Operations\nDominion Energy Transmission, Inc.\n925 White Oaks Boulevard\nBridgeport, WV 26330\nCPF 1-2016-5008\nDear Mr. Sheppard:\nOn September 21, 2017, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Dominion Energy Transmission, Inc. (DETI) a Final Order (Order) in the above-\nreferenced case. This Order included a Compliance Order requirement to amend your procedures\nand take corrective actions on your pipeline. Based on our review of the documentation you\nprovided, it has been determined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":10421}