{"operation":"document","citation":"CPF 120181008W","title":"COLUMBIA GAS TRANSMISSION, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-03-27","effective_on":null,"summary":"CLOSED warning letter citing 191.22(c)(1)(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120181008w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120181008w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120181008w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120181008W","body":"Warning Letter involving COLUMBIA GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 191.22(c)(1)(i). The case was opened on 2018-03-27 and is reported as closed as of 2018-03-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120181008W_Warning Letter_03272018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181008W/120181008W_Warning%20Letter_03272018.pdf\n\n120181008W_Warning Letter_03272018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181008W/120181008W_Warning%20Letter_03272018_text.pdf\n\n120181008W_Warning Letter_03272018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMarch 27, 2018\nMr. Randal Broussard\nUS Gas Operations East, SVP\nColumbia Gas Transmission, LLC\n201 Energy Parkway\nSuite 100\nLafayette, LA 70508\nCPF 1-2018-1008W\nDear Mr. Broussard:\nOn January 12, 2018 a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) reviewed\nOperator Registry Notification F-20180112-18541 submitted by Columbia Gas Transmission,\nLLC, a subsidiary of TransCanada (TransCanada).\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. §191.22 National Registry of Pipeline and LNG Operators\n…\n(c) Changes. Each operator of a gas pipeline, gas pipeline facility, underground\nnatural gas storage facility, LNG plant, or LNG facility must notify PHMSA\nelectronically through the National Registry of Pipeline, Underground Natural Gas\nStorage Facility, and LNG Operators at http://opsweb.phmsa.dot.gov of certain\nevents.\n(1) An operator must notify PHMSA of any of the following events not later than\n60 days before the event occurs:\n\n\n\nCPF 1-2018-1008W\n(i) Construction or any planned rehabilitation, replacement, modification, upgrade,\nuprate, or update of a facility, other than a section of line pipe, that costs $10 million\nor more. If 60-day notice is not feasible because of an emergency, an operator must\nnotify PHMSA as soon as practicable;\nTransCanada failed to notify PHMSA of its construction or any planned rehabilitation,\nreplacement, modification, upgrade, uprate, or update of a facility, other than a section of line pipe,\nthat costs $10 million or more, as required by § 191.22.\nOn January 12, 2018, the PHMSA representative reviewed TransCanada’s construction\nnotification F-20180112-18541, dated January 12, 2018. Columbia submitted the “Type F”\n(construction or rehabilitation of gas or liquid facilities) notification electronically through the\nonline National Registry of Pipeline and LNG Operators website.\nTransCanada stated in the notification that the anticipated start date of field work activities was\n01/04/2018. In follow-up to the notification, the PHMSA representative e-mailed TransCanada\ninquiring about the status of the construction project. TransCanada responded, “The attached\ndocument is the construction schedule for the loop line portion of ESU…” The Millennium\nPipeline Company- Eastern System Upgrade Construction Schedule, dated 01/17/18 (Record)\nshowed that construction activities began on 12/20/17. Additionally, TransCanada stated, “Since\nthis project includes modifications and adding two compressor units with 22,400 HP at multi\nlocations, the cost of the project is greater than $10M and I believe this project meets the reporting\nrequirement of 191.22 (c)(1)(i).”\nAccordingly, TransCanada did not submit this construction notification in a timely manner.\nTransCanada was required to submit this construction notification no later than 60 days before\nconstruction occurred; however, it was submitted on 01/12/18, which was 68 days late.\nTherefore, TransCanada failed to comply with the construction notification requirement in\n§ 191.22(c)(1)(i).\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. For violations occurring prior to November 2, 2015, the maximum penalty\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000\nfor a related series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in TransCanada 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).\n120181008W_Warning Letter_03272018_text\nPage 2 of 3\n\n\n\nCPF 1-2018-1008W\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103,\nWest Trenton, NJ 08628. Please refer to CPF 1-2018-1008W on each document you submit, and\nwhenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed\nto robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the original\npaper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120181008W_Warning Letter_03272018_text\nPage 3 of 3","truncated":false,"body_characters":6030}