{"operation":"document","citation":"CPF 120181018","title":"ROVER PIPELINE, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-09-10","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.243(b), 192.303, 192.319(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120181018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120181018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120181018","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120181018","body":"Notice of Probable Violation involving ROVER PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 192.243(b),  192.303,  192.319(a). The case was opened on 2018-09-10 and is reported as closed as of 2020-08-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120181018_Closure Letter_08042020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181018/120181018_Closure%20Letter_08042020.pdf\n\n120181018_Closure Letter_08042020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181018/120181018_Closure%20Letter_08042020_text.pdf\n\n120181018_Final Order_10162019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181018/120181018_Final%20Order_10162019.pdf\n\n120181018_Final Order_10162019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181018/120181018_Final%20Order_10162019_text.pdf\n\n120181018_NOPV PCO_09102018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181018/120181018_NOPV%20PCO_09102018.pdf\n\n120181018_NOPV PCO_09102018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181018/120181018_NOPV%20PCO_09102018_text.pdf\n\n120181018_Operator Response to Notice_10092018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120181018/120181018_Operator%20Response%20to%20Notice_10092018.pdf\n\n120181018_Closure Letter_08042020_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nAugust 4, 2020\nMr. Kelcy Warren\nChief Executive Officer and Chairman of the Board of Directors\nEnergy Transfer Partners, LP\n8111 Westchester Drive\nDallas, Texas 75225\nCPF 1-2018-1018\nDear Mr. Warren:\nOn October 16, 2019, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Rover Pipeline, LLC, a Final Order in the above-referenced case. This Order included a\nCompliance Order. Based on our review of the documentation you provided, it has been\ndetermined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n\n120181018_Final Order_10162019_text.pdf\n\nOctober 16, 2019\nMr. Kelcy Warren\nChief Executive Officer and Chairman of the Board of Directors\nEnergy Transfer Partners, LP\n8111 Westchester Drive\nDallas, Texas 75225\nRe: CPF No. 1-2018-1018\nDear Mr. Warren:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken by your subsidiary, Rover Pipeline, LLC, to\ncomply with the pipeline safety regulations. When the terms of the compliance order have been\ncompleted, as determined by the Director, Eastern Region, this enforcement action will be\nclosed. Service of the Final Order by certified mail is effective upon the date of mailing, as\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA\nMr. Eric Amundsen, Senior Vice President, Operations, Rover Pipeline, LLC, 1300 Main\nStreet, Houston, Texas 77002\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________________\n)\nIn the Matter of )\n)\nRover Pipeline, LLC, ) CPF No. 1-2018-1018\na subsidiary of Energy Transfer Partners, LP, )\n)\nRespondent. )\n____________________________________________)\nFINAL ORDER\nOn January 25, March 19-22, May 8-11, and June 18, 2019, pursuant to 49 U.S.C. § 60117, a\nrepresentative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of the facilities and\nrecords of Rover Pipeline, LLC (Rover or Respondent), in Ohio. Rover is a subsidiary of Energy\nTransfer Partners, LP.1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated September 10, 2018, a Notice of Probable Violation and Proposed Compliance\nOrder (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Rover\nhad committed three violations of 49 C.F.R. Part 192, and proposed ordering Respondent to take\ncertain measures to correct the alleged violations.\nRover responded to the Notice by letter dated October 9, 2018 (Response). The company did not\ncontest the allegations of violation but provided information concerning the corrective actions it\nhad taken. Respondent did not request a hearing and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, Rover did not contest the allegations in the Notice that it violated 49 C.F.R. Part\n192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.243(b), which states:\n§ 192.243 Nondestructive testing.\n(a) ….\n(b) Nondestructive testing of welds must be performed:\n1 https://energytransfer.com/natural-gas (last accessed September 24, 2019).\n\n\n\nCPF No. 1-2018-1018\nPage 2\n(1) (2) In accordance with written procedures; and\nBy persons who have been trained and qualified in the established\nprocedures and with the equipment employed in testing.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.243(b) by failing to perform\nnondestructive testing of welds in accordance with its written procedures. Specifically, Rover\nfailed to follow its procedure, Energy Transfer Welding Standards Document No. 060\n(ETWS.060) effective February 1, 2017, which describes the nondestructive examination (NDE)\nrequirements for welds, including that NDE personnel must be qualified and certified for the\ntasks they are performing.\nDuring follow-up investigation of a December 17, 2017 girth weld failure that occurred during\npost-construction hydrostatic testing on the Sherwood Lateral – South test segment SW-7, it was\nnoted that a project NDE film auditor was not certified or qualified in the applicable inspection\nmethod, as required by ETWS.060. Further investigation and follow-up with Rover resulted in\nthe identification of an additional nine Rover Pipeline project NDE auditors not meeting the\nrequirements of ETWS.060.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.243(b) by failing to\nnondestructively test welds in accordance with its written procedures.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.303, which states:\n§ 192.303 Compliance with specifications or standards.\nEach transmission line or main must be constructed in accordance with\ncomprehensive written specifications or standards that are consistent with\nthis part.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.303 by failing to construct each\ntransmission line in accordance with comprehensive written specifications or standards that are\nconsistent with 49 C.F.R. Part 192 during construction of the Rover Pipeline Project (Project).\nSpecifically, the Notice alleged that Rover failed to incorporate the code requirements for the\ndisposition of dents meeting criteria prescribed under § 192.309(b)(2) within its construction\nstandards for the Project. The construction standards failed to include a requirement for the\nremoval or repair of any dent that affects the longitudinal weld or a circumferential weld.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.303 by failing to construct each\ntransmission line in accordance with comprehensive written specifications or standards that are\nconsistent with 49 C.F.R. Part 192 during construction of the Project.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 192.319(a), which states:\n§ 192.319 Installation of pipe in a ditch.\n(a) When installed in a ditch, each transmission line that is to be\noperated at a pressure producing a hoop stress of 20 percent or more of\n\n\n\nCPF No. 1-2018-1018\nPage 3\nSMYS must be installed so that the pipe fits the ditch so as to minimize\nstresses and protect the pipe coating from damage.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.319(a) by failing to install portions\nof the Project in such a manner so as to minimize stresses and protect the pipe coating from\ndamage. Specifically, the Notice alleged the pipe was installed under excessive axial, tensile, or\nbending stresses. The Notice alleged that the pipeline experienced three girth weld failures\nduring hydrostatic testing of the Project, two of which were attributable to large axial and/or\nresidual stresses. Independent third-party analysis concluded that improper installation practices\nwere contributing factors to these failures. In addition, the Project also experienced three\nadditional girth weld failures (cracks) during remediation efforts stemming from PHMSA\nfindings associated with non-conformance with API Std 1104 (incorporated by reference, see\n§ 192.7).\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.319(a) by failing to install pipe\nin such a manner so as to minimize stresses and protect the pipe coating from damage.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1, 2, and 3 in the Notice for\nviolations of 49 C.F.R. §§ 192.243(b), 192.303, and 192.319(a), respectively. Under 49 U.S.C.\n§ 60118(a), each person who engages in the transportation of gas or who owns or operates a\npipeline facility is required to comply with the applicable safety standards established under\nchapter 601.\nWith regard to the violation of § 192.243(b) (Item 1), Respondent provided documentation\nconcerning its completion of the proposed actions. The Director conducted a review of\ndocumentation provided by Rover and confirms that the proposed compliance terms for Item 1\nhave been completed. Therefore, it is not necessary to include those terms in the Compliance\nOrder.\nWith regard to the violation of § 192.303 (Item 2), Respondent provided documentation\nconcerning its completion of the proposed actions. The Director conducted a review of the\ndocumentation provided by Rover and confirms that the proposed compliance terms for Item 2\nhave been completed. Therefore, it is not necessary to include those terms in the Compliance\nOrder.2\nWith regard to the violation of § 192.319(a) (Item 3), Respondent requested that the terms be\nmodified. Specifically, Rover requested that it be permitted to use a combined high resolution\n2 In a recommendation dated May 17, 2019, submitted pursuant to § 190.209(b)(7), the Director proposed to modify\nItem 2(a) of the PCO. By letter dated July 12, 2019, Respondent objected and requested the modifications be\nwithdrawn. On July 31, 2019, the Director submitted an amended recommendation that did not contain the\nmodifications to Item 2(a). Accordingly, the proposed modifications are not included in this Order.\n\n\n\nCPF No. 1-2018-1018\nPage 4\nlongitudinal magnetic flux leakage (MFL), high resolution caliper/geometry and inertial mapping\nunit (IMU) ILI tool to comply with the Proposed Compliance Order (PCO) Item 3(a). In support\nof its request, Rover noted that this tool would prove more suitable in identifying pipe strain and\nundue stress, especially with IMU capability to assess stresses and strain caused by degree of\nsettlement and post construction ground movement when compared to original survey caliper\ntool date. The Director conducted a review of the proposed modification and confirms that such\nmodification should be made to the Compliance Order. Respondent stated that the completion of\nthe deployment of the ILI strain assessment tool for the entire Rover Pipeline Project will be\ncompleted by November 1, 2019. The Director found this deadline to be acceptable.\nAccordingly, this is reflected in the Compliance Order.\nWith regard to the PCO Item 4, Rover has completed the terms of this proposed requirement and\nit is therefore not necessary to include the compliance terms in this Order.\nWith regard to the PCO Item 5, Rover has completed the terms of this proposed requirement and\nit is therefore not necessary to include the compliance terms in this Order.\nFor the above reasons, the Compliance Order is modified as set forth below.\nPursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is\nordered to take the following actions to ensure compliance with the pipeline safety regulations\napplicable to its operations:\n1.With respect to the violation of § 192.319(a) (Item 3), Respondent must:\na. Assess locations where newly constructed pipe on the Rover Pipeline Project may\nhave been installed with undue stress or strain using a combined high resolution\nlongitudinal magnetic flux leakage (MFL), high resolution caliper/geometry and\ninertial mapping unit (IMU) ILI tool. Investigation shall include field evaluations and\nremediation as necessary. Emphasis should be placed on areas highlighted by tool\nvendor, tie-ins welds, bends, offsets and areas where pipe is suspected of improperly\nfitting the ditch.\nb. Rover must complete the requirements of Item 1(a) of this Compliance Order by\nNovember 1, 2019. Any identified locations shall be remediated as necessary, and a\ndetailed work plan and schedule shall be submitted to Director, Eastern Region within\n30 days of discovery.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nIt is requested (not mandated) that Respondent maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the total to the\nDirector. It is requested that these costs be reported in two categories: (1) total cost associated\nwith preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated\nwith replacements, additions and other changes to pipeline infrastructure.\n\n\n\nCPF No. 1-2018-1018\nPage 5\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this\nFinal Order by Respondent. Any petition submitted must contain a statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The terms of the order, including corrective\naction, remain in effect unless the Associate Administrator, upon request, grants a stay.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nOctober 16, 2019\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":15802}