{"operation":"document","citation":"CPF 120183004","title":"DISTRIGAS OF MASSACHUSETTS LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-04-20","effective_on":null,"summary":"CLOSED notice of probable violation citing 193.2605(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120183004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120183004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120183004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120183004","body":"Notice of Probable Violation involving DISTRIGAS OF MASSACHUSETTS LLC. PHMSA's enforcement data identifies the cited regulation as 193.2605(b)(1). The case was opened on 2018-04-20 and is reported as closed as of 2019-03-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120183004_Final Order_03082019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183004/120183004_Final%20Order_03082019.pdf\n\n120183004_Final Order_03082019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183004/120183004_Final%20Order_03082019_text.pdf\n\n120183004_NOPV PCO_04202018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183004/120183004_NOPV%20PCO_04202018.pdf\n\n120183004_NOPV PCO_04202018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183004/120183004_NOPV%20PCO_04202018_text.pdf\n\n120183004_Operator Response Notice - Request for Hearing_05172018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183004/120183004_Operator%20Response%20Notice%20-%20Request%20for%20Hearing_05172018.pdf\n\n120183004_Operator Response Notice - Statement of Issues_05172018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183004/120183004_Operator%20Response%20Notice%20-%20Statement%20of%20Issues_05172018.pdf\n\n120183004_Operator Response To Notice and Request for Hearing_05172018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183004/120183004_Operator%20Response%20To%20Notice%20and%20Request%20for%20Hearing_05172018.pdf\n\n120183004_Operator Response Withdrawal Hearing Request_09172018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120183004/120183004_Operator%20Response%20Withdrawal%20Hearing%20Request_09172018.pdf\n\n120183004_Final Order_03082019_text.pdf\n\nMarch 8, 2019\nMr. Robert Wilson\nVice President of Operations\nDistrigas of Massachusetts, LLC\n18 Rover Street\nEverett, MA 02149\nRe: CPF No. 1-2018-3004\nDear Mr. Wilson:\nEnclosed please find the Final Order issued in the above-referenced case. It makes one finding\nof violation and finds that Distrigas has completed the actions specified in the Notice to comply\nwith the pipeline safety regulations. Therefore, this case is now closed. Service of the Final\nOrder by certified mail is effective upon the date of mailing as provided 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\nMs. Susan A. Stritter, Regulatory Compliance Manager, Distrigas of Massachusetts,\nLLC, 18 Rover Street, Everett, MA 02149\nMr. Frank Demaille, President and Chief Executive Officer, ENGIE Gas & LNG, LLC,\n1990 Post Oak Boulevard, Suite 1900, Houston, TX 77056\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__________________________________________\nIn the Matter of )\nDistrigas of Massachusetts, LLC, ) CPF No. 1-2018-3004\na subsidiary of ENGIE Gas & LNG, LLC, )\n)\n)\n)\nRespondent. )\n__________________________________________)\nFINAL ORDER\nFrom July 17 through 21, 2017, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Distrigas of\nMassachusetts, LLC’s (Distrigas or Respondent) Everett Marine Terminal in Everett,\nMassachusetts. The liquefied natural gas (LNG) import terminal has connections with two\ninterstate pipeline systems, as well as a local gas utility’s distribution system.1 The company\nserves nearly every gas utility in New England, as well as key power producers, and is directly\nconnected to a neighboring 1,550-megawatt power plant capable of generating enough electricity\nfor about 1.5 million homes in Greater Boston.2\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated April 20, 2018, a Notice of Probable Violation and Proposed Compliance Order\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Distrigas\nhad violated 49 C.F.R. § 193.2605 and proposed ordering Respondent to take certain measures to\ncorrect the alleged violation.\nOn May 17, 2018, Distrigas requested a hearing, provided a statement of issues, and requested an\ninformal meeting to discuss the Notice. On July 30, 2018, pursuant to Distrigas’s request,\nPHMSA held an informal meeting in Trenton, New Jersey. By letter dated September 17, 2018,\nRespondent withdrew its request for a hearing, submitted its amended procedures pursuant to the\nterms of the Proposed Compliance Order, and thereby authorized the entry of this Final Order\nwithout further notice.\n1 Pipeline Safety Violation Report (Violation Report) (Apr. 20, 2018) (on file with PHMSA), at 1.\n2 Distrigas is a subsidiary of Engie Gas & LNG, LLC. ENGIE website, available at http://www.engie-\nna.com/business/natural-gas-lng/ (last accessed Oct. 29, 2018).\n\n\n\nCPF No. 1-2018-3004\nPage 2\nFINDING OF VIOLATION\nIn its Response, Distrigas did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 193, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 193.2605(b)(1), which states:\n§ 193.2605 Maintenance procedures.\n(a) ….\n(b) Each operator shall follow one or more manuals of written\nprocedures for the maintenance of each component, including any required\ncorrosion control. The procedure must include:\n(1) The details of the inspections or tests determined under paragraph\n(a) of this section and their frequency of performance.\nThe Notice alleged that Respondent violated 49 C.F.R. § 193.2605(b)(1) by failing to follow its\nmanual of written operating procedures for each component, specifically, emergency shutdown\n(ESD) control systems. The Notice alleged that Distrigas did not follow its Everett Maine\nTerminal Maintenance Procedure Manual, Process Control System, Loop Testing, dated\nNovember 17, 2016, by failing to perform an annual inspection of its ESD control systems that\nincludes all elements of the control system.\nDuring the inspection, the inspector requested missing ESD testing records and Distrigas was\nunable to provide any documentation that demonstrated that the missing ESD initiating devices\nwere included in the annual inspection and calibration required by its procedure.\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. § 193.2605(b)(1) by failing to follow\nits manual of written operating procedures for each component, specifically ESD control\nsystems.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for a violation of 49\nC.F.R. §193.2605(b)(1). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. The Director indicates that\nRespondent has taken the following actions specified in the proposed compliance order:\n1. With respect to the violation of § 193.2605(b)(1) (Item 1), Respondent has revised\nits procedures to address the inconsistencies between the written procedure, the\nprocess described in the instructions on its individual ESD testing records, and the\nimplementation of these processes.\n\n\n\nCPF No. 1-2018-3004\nPage 3\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nMarch 8, 2019\n___________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8197}