{"operation":"document","citation":"CPF 120171007W","title":"MARITIMES & NORTHEAST PIPELINE, 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":"2017-03-16","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120171007w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120171007w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120171007w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120171007W","body":"Warning Letter involving MARITIMES & NORTHEAST PIPELINE, L.L.C. (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2017-03-16 and is reported as closed as of 2017-03-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120171007W_Warning Letter_03162017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171007W/120171007W_Warning%20Letter_03162017.pdf\n\n120171007W_Warning Letter_03162017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171007W/120171007W_Warning%20Letter_03162017_text.pdf\n\n120171007W_Warning Letter_03162017_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMarch 16, 2017\nMr. J. Andrew Drake\nVice President, Operations and Emergency, Health & Safety\nSpectra Energy Corp\n5400 Westheimer Court\nHouston, TX 77056\nCPF 1-2017-1007W\nDear Mr. Drake:\nFrom October 6 through 10, 2014, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected the\nMaritimes & Northeast Pipeline (Spectra Energy Corp) Units #19781 and #28351 in\nMassachusetts and Maine.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable\nviolations are:\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\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include procedures\nfor handling abnormal operations. This manual must be reviewed and updated by\nthe operator at intervals not exceeding 15 months, but at least one each calendar\nyear. This manual must be prepared before operations of a pipeline system\ncommence. Appropriate parts of the manual must be kept at locations where\noperations and maintenance activities are conducted.\nSpectra failed to update its Richmond Area Emergency Manual (AEM) at an interval not exceeding\n15 months but at least once per calendar year. Specifically, Spectra failed to document changes to\nthe LEL that were identified during a review of their AEM in October 2013 into AEM revisions\nthat were issued in October 2013 and April 2014. The LEL changes were not incorporated into\nthe AEM until November 2014.\n\n\n\n1-2017-1007W\nDuring the inspection the PHMSA inspector reviewed Spectra’s AEM review and update\ndocumentation for 2013 and 2014. The documentation indicated that:\n1. The AEM revised April 24, 2013 stated that “The operator shall enter or remain in the\ncompressor building only if the environment is less than 50% of the LEL.\n2. The meeting minutes for the AEM field review conducted on October 23, 2013 stated\n“Reviewed Emergency Response Procedure: - Change verbiage: Page 33 in AEM from\n50% LEL to 20% LEL. The AEM revised October 23, 2013 stated that “The operator\nshall enter or remain in the compressor building only if the environment is less than\n50% of the LEL.” The LEL change referenced in the field meeting minutes was not\naddressed.\n3. The AEM revised April, 2014 stated that “The operator shall enter or remain in the\ncompressor building only if the environment is less than 50% of the LEL. The LEL\nchange referenced in the field meeting minutes dated October 23, 2013 was not\naddressed.\n4. The AEM revised November, 2014, after the PHMSA inspection, stated that “The\noperator shall enter or remain in the compressor building only if the environment is less\nthan 20% of the LEL. The change referenced in the field meeting minutes dated\nOctober 23, 2013 was addressed.\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\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include procedures\nfor handling abnormal operations. This manual must be reviewed and updated by\nthe operator at intervals not exceeding 15 months, but at least one each calendar\nyear. This manual must be prepared before operations of a pipeline system\ncommence. Appropriate parts of the manual must be kept at locations where\noperations and maintenance activities are conducted.\nSpectra failed to keep appropriate parts of the manual at locations where operations and\nmaintenance activities are conducted. During the inspection, the PHMSA inspector reviewed\ndocumentation provided by Spectra that showed that the latest version of the Richmond Area\nEmergency Manual (AEM) was revised in April 2014. Subsequently, the PHMSA inspector\nvisited the Richmond Compressor Station office building and the Eliot Compressor Station and\nrequested a copy of Spectra’s Richmond Area Emergency Manual (AEM). A hard copy of an\nAEM revised on April 23, 2013, was the only copy available at the each of the field locations.\nThus, Spectra failed to keep appropriate parts of the manual at locations where operations and\nmaintenance activities are conducted.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $205,638\nper violation per day the violation persists up to a maximum of $2,056,380 for a related series of\nviolations. For violations occurring between January 4, 2012 to August 1, 2016, the maximum\npenalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed\n120171007W_Warning Letter_03162017 (145228) Page 2 of 3\n\n\n\n1-2017-1007W\n$2,000,000 for a related series of violations. For violations occurring prior to January 4, 2012, the\nmaximum penalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem identified in this letter. Failure to do so will result in Spectra Energy Corp being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, please address your correspondence to:\nRobert Burrough, Acting Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103,\nWest Trenton, NJ 08628 and please refer to CPF 1-2017-1007W. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under\n5 U.S.C. 552(b), along with the complete original document, you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nActing Director, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120171007W_Warning Letter_03162017 (145228) Page 3 of 3","truncated":false,"body_characters":7257}