{"operation":"document","citation":"CPF 120171018W","title":"COLUMBIA GAS TRANSMISSION, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-11-28","effective_on":null,"summary":"CLOSED warning letter citing 190.203(f).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120171018w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120171018w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120171018w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120171018W","body":"Warning Letter involving COLUMBIA GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 190.203(f). The case was opened on 2017-11-28 and is reported as closed as of 2017-11-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120171018W_Warning Letter_11282017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171018W/120171018W_Warning%20Letter_11282017.pdf\n\n120171018W_Warning Letter_11282017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171018W/120171018W_Warning%20Letter_11282017_text.pdf\n\n120171018W_Warning Letter_11282017_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nNovember 28, 2017\nMr. Randal Broussard\nUS Gas Operations East, SVP\nColumbia Gas Transmission, LLC\n201 Energy Parkway, Suite 100\nLafayette, LA 70508\nCPF 1-2017-1018W\nDear Mr. Broussard:\nPursuant to 49 U.S.C. §60118(c) and 49 C.F.R. §190.341, Columbia Gas Transmission, LLC\n(CGT), a second-tier subsidiary of TransCanada Corporation (TC), filed a special permit request\nwith the Pipeline & Hazardous Materials Safety Administration (PHMSA), Office of Pipeline\nSafety (OPS), for a waiver from certain provisions of 49 C.F.R. § Part 192. On April 13, 2010,\nPHMSA issued an order granting CGT a special permit with certain conditions and limitations\n(Order). The Order was renewed for April 13, 2015 to April 13, 2020. See PHMSA-2008-0331.\nOn August 29, 2017, a representative of PHMSA, OPS, pursuant to Chapter 601 of 49 United\nStates Code, inspected the pipeline procedures and records of TC to confirm the company’s\ncompliance with the Order.\nAs a result of the inspection, it is alleged that TC has committed a probable violation of the Order.\nPursuant to 49 C.F.R. §190.341 (k) PHMSA inspects for compliance with the terms and conditions\nof special permits and if a probable violation is identified, PHMSA will initiate one or more of the\nenforcement actions under subpart B of this part. As stated in 49 C.F.R. §190.203(f), when\ninformation obtained from an inspection indicates that further OPS action is warranted, OPS may\ninitiate one or more enforcement proceedings prescribed in §190.207 through 190.235.\nThe items inspected and the probable violations are:\n1. Condition 15\nAnnual Reports to PHMSA: Within three (3) months following the grant of this special\npermit and annually11 thereafter, CGT must report the following to the Director,\n\n\n\nCPF 1-2017-1018W\nPHMSA, OPS (OPS), Eastern Region; Director, PHMSA, OPS, Standards and\nRulemaking Division; and submit a copy to the Federal Register Docket (PHMSA-2008-\n0331) at regulations.gov:\nFootnote 11 Annual reports must be received by PHMSA by the last day of the month in\nwhich the Special Permit is dated. For example, the annual report for a Special Permit\ndated April 13, 2010, must be received by PHMSA no later than April 30, each year\nbeginning in 2011. For special permit renewals the annual report date would remain the\nsame reporting month as previously established.\nTC failed to issue an Annual Report to the Director, PHMSA, OPS, Eastern Region by the last day\nof the month in which the Special Permit is dated.\nTC provided an Annual Report on May 3, 2017, three days after the due date of April 30, 2017.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists up to a maximum of $2,090,022 for a related\nseries of violations. We have reviewed the circumstances and supporting documents involved in\nthis case, and have decided not to conduct additional enforcement action or penalty assessment\nproceedings at this time. We advise you to correct the item(s) identified in this letter. Failure to do\nso will result in TransCanada Corporation being subject to additional enforcement action.\nPlease be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Acting Director, PHMSA Eastern Region, 820 Bear Tavern Road,\nSuite 103, West Trenton, NJ 08628. Please refer to CPF 1-2017-1018W on each document you\nsubmit, and whenever possible provide a signed PDF copy in electronic format. Smaller files may\nbe emailed to robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the\noriginal paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nActing Director, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120171018W_Warning Letter_11282017_text\nPage 2 of 2","truncated":false,"body_characters":5076}