{"operation":"document","citation":"CPF 120171019M","title":"ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP) — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-12-05","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120171019m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120171019m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120171019m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120171019M","body":"Notice of Amendment involving ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulation as 192.605(b)(1). The case was opened on 2017-12-05 and is reported as closed as of 2018-10-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120171019M_Closure Letter_10182018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171019M/120171019M_Closure%20Letter_10182018.pdf\n\n120171019M_Closure Letter_10182018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171019M/120171019M_Closure%20Letter_10182018_text.pdf\n\n120171019M_Notice of Amendment_12052017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171019M/120171019M_Notice%20of%20Amendment_12052017.pdf\n\n120171019M_Notice of Amendment_12052017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171019M/120171019M_Notice%20of%20Amendment_12052017_text.pdf\n\n120171019M_Closure Letter_10182018_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nOctober 18, 2018\nMichele Harradence\nVice President, Operations & EHS\nAlgonquin Gas Transmission, L.L.C. (Spectra Energy Partners, LP)\n5400 Westheimer Court\nHouston, TX 77056\nCPF 1-2017-1019M\nDear Ms. Harradence:\nOn May 2 to 5, 2017, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-site\npipeline safety inspection of Algonquin Gas Transmission, L.L.C.’s (Algonquin), a subsidiary of\nEnbridge Inc. (Enbridge) procedures. As a result of the inspection, Algonquin was issued a Notice\nof Amendment on December 5, 2017, which proposed amendment of your procedures.\nAlgonquin submitted its amended procedures on September 12, 2018. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120171019M_Notice of Amendment_12052017_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nDecember 5, 2017\nJ. Andrew Drake\nVice President, Operations & EHS\nAlgonquin Gas Transmission, L.L.C. (Spectra Energy Partners, LP)\n5400 Westheimer Court\nHouston, TX 77056\nCPF 1-2017-1019M\nDear Mr. Drake:\nFrom May 2 to 5, 2017, the Connecticut Department of Energy and Environmental Protection\n(CT DEEP) acting as Agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code, inspected the procedures of\nAlgonquin Gas Transmission, L.L.C. (Algonquin), a subsidiary of Enbridge Inc. (Enbridge).\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nAlgonquin’s plans or procedures, as described below:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide safety\nduring maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of the\nrequirements of this subpart and Subpart M of this part.\nAlgonquin’s procedures for conducting operations and maintenance activities and for emergency\nresponse were inadequate. Specifically, Algonquin’s gas detector maintenance procedure #4-3030,\nStationary Gas & Fire Detection Systems, dated 03/03/2017 (Gas Detection Procedure), and\nassociated record forms, did not contain sufficient details for documenting the performance testing\nof gas detectors in accordance with § 192.736.\n\n\n\nCPF 1-2017-1019M\nSection 192.736 (b) and (c) state:\n“(b) Except when shutdown of the system is necessary for maintenance under paragraph (c) of\nthis section, each gas detection and alarm system required by this section must-\n(1) Continuously monitor the compressor building for a concentration of gas in air of not more\nthan 25 percent of the lower explosive limit; and\n(2) If that concentration of gas is detected, warn persons about to enter the building and persons\ninside the building of the danger.\n(c) Each gas detection and alarm system required by this section must be maintained to function\nproperly. The maintenance must include performance tests.”\nDuring the inspection, the CT DEEP Inspector reviewed Algonquin’s Gas Detection Procedure,\nand Work Order records of gas detector testing and inspection. The Gas Detection Procedure states\nin part:\n2.0 T&I – Gas Detectors\n…\n2.2.1 Verify the following action:\n2.2.1.1 20% LEL – low alarm trip point\n2.2.1.2 40% LEL – high alarm trip point, if applicable.\n…\n7.0 Reporting\nSolution Database.\n7.1 Complete testing and inspection activities in the applicable Work Order within the EAM\nAlgonquin provided Work Order Details for Work Order Number 401132096 as records of gas\ndetector testing and inspection. The records reviewed did not contain documented values,\nresponses or dates for any of the steps outlined in the “Operations” portion of the record, including\n“0050 Verify Audible and Visual Alarms”. The only information supplied in these records to\nindicate that work was done was a “Completed Indicator” marking for each of the 17 gas detectors\nat the associated location, and a finish date for the work order. The record did not indicate any\nactual or set alarm trip points, or contain fields requiring that this information be documented.\nRecords of required maintenance activities must contain adequate details to demonstrate the work\ncompleted. A record not indicating the performance test trip or set point is unable to verify that the\nlow alarm trip point is 20% LEL, as required by the Gas Detection Procedure, or below 25% LEL\nas required by § 192.736 (b). The records did not provide adequate information to demonstrate\ncompliance with the Procedure or with § 192.736.\nTherefore, Algonquin’s procedure and associated record form were inadequate with regards to gas\ndetector testing to demonstrate compliance with § 192.736.\n120171019M_Notice of Amendment_12052017_text Page 2 of 4\n\n\n\nCPF 1-2017-1019M\n2. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide safety\nduring maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of the\nrequirements of this subpart and Subpart M of this part.\nAlgonquin’s procedures for conducting operations and maintenance activities and for emergency\nresponse were inadequate. Specifically, Algonquin’s written procedure 1-6010, Pipeline Patrol\nand Leakage Survey Frequency Criteria, dated 06/08/2010 (Survey Procedure), fails to provide\nguidance consistent with Algonquin’s current practice of utilizing leak detection equipment in\nareas where vegetation survey is impractical.\nDuring the inspection, the CT DEEP inspector reviewed Algonquin’s Survey Procedure. The\nSurvey Procedure did not address right of way conditions that might hinder certain types of survey\nmethods. Algonquin performed leakage survey through vegetation survey, but in areas of\nsignificant pavement, where vegetation survey is impractical, Algonquin used leak detection\nequipment. This practice is consistent with PHMSA’s interpretation PI-09-0018 of § 192.706,\ndated 11/5/2009, which states in part (emphasis added):\n“…Therefore, under the current code language an operator could potentially utilize an alternate\nleakage survey method such as an over-the-line vegetation survey in Class 1 and Class 2 locations\nand for transmission lines with odor or odorant in Class 3 and Class 4 locations, but only if the\noperator can demonstrate that such a survey would be effective in identifying any leaks. This\nmeans that an over-the-line vegetation survey must be performed during the time of year when\nvegetation is in its growth cycle (i.e., spring or summer) and the operator must be able to document\nthat such a survey would be effective based on the time of year, weather conditions, ground\nvisibility, soil conditions, location of the pipeline, etc. Even under these circumstances,\nadditional leakage survey methods potentially involving leak detection equipment would be\nnecessary in locations without vegetation cover such as road crossings, paved areas, dead soil\nareas with no vegetation, and other such areas.”\nThe Survey Procedure did not require this use of an additional, effective leak detection method in\nareas of significant pavement or areas where other conditions hinder the use of vegetation survey.\nTherefore, Algonquin’s procedure was inadequate as it fails to provide guidance for taking\nadditional action in areas where vegetation survey is impractical.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\n120171019M_Notice of Amendment_12052017_text Page 3 of 4\n\n\n\nCPF 1-2017-1019M\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 90 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Algonquin Gas Transmission Co. (Spectra Energy Corp)\nmaintain documentation of the safety improvement costs associated with fulfilling this Notice of\nAmendment (preparation/revision of plans, procedures) and submit the total to Robert Burrough,\nActing Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, West Trenton,\nNJ 08628. Please refer to CPF 1-2017-1019M on each document you submit, and whenever\npossible provide a signed PDF copy in electronic format. Smaller files may be emailed to\nrobert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the original paper\ncopy to the Eastern Region Office.\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nActing Director, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\nCc: Karl Baker, CT DEEP\n120171019M_Notice of Amendment_12052017_text Page 4 of 4","truncated":false,"body_characters":11957}