{"operation":"document","citation":"CPF 120171023M","title":"EASTERN SHORE NATURAL GAS CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-12-21","effective_on":null,"summary":"CLOSED notice of amendment citing 192.225(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120171023m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120171023m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120171023m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120171023M","body":"Notice of Amendment involving EASTERN SHORE NATURAL GAS CO. PHMSA's enforcement data identifies the cited regulation as 192.225(b). The case was opened on 2017-12-21 and is reported as closed as of 2018-01-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120171023M_Closure Letter_01222018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171023M/120171023M_Closure%20Letter_01222018.pdf\n\n120171023M_Closure Letter_01222018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171023M/120171023M_Closure%20Letter_01222018_text.pdf\n\n120171023M_Notice Of Amendment _12212017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171023M/120171023M_Notice%20Of%20Amendment%20_12212017.pdf\n\n120171023M_Notice Of Amendment_12212017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171023M/120171023M_Notice%20Of%20Amendment_12212017_text.pdf\n\n120171023M_Operator Response to Notice_01182018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120171023M/120171023M_Operator%20Response%20to%20Notice_01182018.pdf\n\n120171023M_Notice Of Amendment _12212017.pdf\n\nof Transportation\nU.S. Department\n820 Bear Tavern Road, Suite 103\nPipeline and\nWest Trenton, NJ 08628\nHazardous Materials\n609.771.7800\nSafety Administration\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nDecember 21, 2017\nSteven Thompson, Senior VP\nEastern Shore Natural Gas Company\n909 Silver Lake Boulevard\nDover, DE 19901\nCPF 1-2017-1023M\nDear Mr. Thompson:\nFrom December 7-9, 2015, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Eastern\nShore Natural Gas Company's procedures for construction in Dover, DE.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nEastern Shore Natural Gas Company's procedures, as described below:\n1. § 192.225 Welding Procedures.\n(b) Each welding procedure must be recorded in detail, including the results of the\nis used.\nqualifying tests. This record must be retained and followed whenever the procedure\nEastern Shore Natural Gas' (ESNG) welding procedures were inadequate. Specifically,\nESN's Construction Standards Manual did not record adequate details regarding time\nbetween weld passes, as required by API Standard 1104 - Welding of Pipelines and Related\nFacilities, 20th Edition (API 1104).\nDuring the inspection, a PHMSA inspector reviewed ESN's Construction Standards Manual\n- SMAW Procedure No 10, dated 03/16/2013 (Procedure).\n\n\n\nCPF 1-2017-1023M\nThe Procedure stated in part under Section 10, Time Lapse Between Passes, \"The time lapse\nbetween subsequent passes is unlimited.\"\nAPI 1104, Section 5.3.2.10 states:\nThe maximum time between the completion of the root bead and the start of the second\nbead, as well as the maximum time between the completion of the second bead and the\nstart of other beads, shall be designated.\nOn January 15, 2016, API issued a technical interpretation clarifying the intent of Section\n5.3.2.10 of API 1104 20th edition, stating \"Yes, the intent of API 1104, Section 5.3.2.10 is\nto identify the maximum time betcen the 1* pass and 2n' pass and the maximum time\nbetween the 2d pass and 3rd\nTherefore, ESNG's Procedure did not satisfy in part, the maximum time between the completion\nof the second bead and the start of other beads, per the requirements of API 1104 Section 5.3.2.10.\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\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 60 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 60 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 60 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 Eastern Shore Natural Gas Company maintain documentation\nof the safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,\nPHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, West Trenton, NJ 08628. Please refer\nto CPF 1- 2017-1023M on each document you submit, and whenever possible provide a signed\nPDF copy in electronic format. Smaller files may be emailed to robert.burrough@dot.gov. Larger\nfiles should be sent on a CD accompanied by the original paper copy to the Eastern Region Office.\n120171023M_NOA_12212017(149831)\nPage 2 of 3\n\n\n\nCPF 1-2017-1023M\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,\nDit BaR\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n120171023M_NOA_12212017 (149831)\nPage 3 of 3\n\n120171023M_Notice Of Amendment_12212017_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nDecember 21, 2017\nSteven Thompson, Senior VP\nEastern Shore Natural Gas Company\n909 Silver Lake Boulevard\nDover, DE 19901\nCPF 1-2017-1023M\nDear Mr. Thompson:\nFrom December 7-9, 2015, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Eastern\nShore Natural Gas Company’s procedures for construction in Dover, DE.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nEastern Shore Natural Gas Company’s procedures, as described below:\n1. § 192.225 Welding Procedures.\n…\n(b) Each welding procedure must be recorded in detail, including the results of the\nqualifying tests. This record must be retained and followed whenever the procedure\nis used.\nEastern Shore Natural Gas’ (ESNG) welding procedures were inadequate. Specifically,\nESNG’s Construction Standards Manual did not record adequate details regarding time\nbetween weld passes, as required by API Standard 1104 – Welding of Pipelines and Related\nFacilities, 20th Edition (API 1104).\nDuring the inspection, a PHMSA inspector reviewed ESNG’s Construction Standards Manual\n‐ SMAW Procedure No 10, dated 03/16/2013 (Procedure).\n\n\n\nCPF 1-2017-1023M\nThe Procedure stated in part under Section 10, Time Lapse Between Passes, “The time lapse\nbetween subsequent passes is unlimited.”\nAPI 1104, Section 5.3.2.10 states:\nThe maximum time between the completion of the root bead and the start of the second\nbead, as well as the maximum time between the completion of the second bead and the\nstart of other beads, shall be designated.\nOn January 15, 2016, API issued a technical interpretation clarifying the intent of Section\n5.3.2.10 of API 1104 20th edition, stating “Yes, the intent of API 1104, Section 5.3.2.10 is\nto identify the maximum time between the 1st pass and 2nd pass and the maximum time\nbetween the 2nd pass and 3rd pass.”\nTherefore, ESNG’s Procedure did not satisfy in part, the maximum time between the completion\nof the second bead and the start of other beads, per the requirements of API 1104 Section 5.3.2.10.\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\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 60 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 60 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 60 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 Eastern Shore Natural Gas Company maintain documentation\nof the safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,\nPHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, West Trenton, NJ 08628. Please refer\nto CPF 1- 2017-1023M on each document you submit, and whenever possible provide a signed\nPDF copy in electronic format. Smaller files may be emailed to robert.burrough@dot.gov. Larger\nfiles should be sent on a CD accompanied by the original paper copy to the Eastern Region Office.\n120171023M_Notice Of Amendment_12212017_text Page 2 of 3\n\n\n\nCPF 1-2017-1023M\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\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n120171023M_Notice Of Amendment_12212017_text Page 3 of 3\n\n120171023M_Closure Letter_01222018_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJanuary 22, 2018\nSteven Thompson, Senior VP\nEastern Shore Natural Gas Company\n909 Silver Lake Boulevard\nDover, DE 19901\nCPF 1-2017-1023M\nDear Mr. Thompson:\nFrom December 7-9, 2015, 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 Eastern Shore Natural Gas Company’s procedures in Dover, DE. As\na result of the inspection, Eastern Shore Natural Gas Company was issued a Notice of Amendment\non December 21, 2017, which proposed amendment of your procedures.\nEastern Shore Natural Gas Company submitted its amended procedures on January 18, 2018. My\nstaff reviewed the amended procedures, and it appears that the inadequacies outlined in this Notice\nof Amendment have 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","truncated":false,"body_characters":12600}