{"operation":"document","citation":"CPF 120185021W","title":"KIANTONE PIPELINE CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-05-07","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185021w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185021w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185021w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120185021W","body":"Warning Letter involving KIANTONE PIPELINE CORP. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2018-05-07 and is reported as closed as of 2018-05-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120185021W_Warning Letter_05072018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185021W/120185021W_Warning%20Letter_05072018.pdf\n\n120185021W_Warning Letter_05072018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185021W/120185021W_Warning%20Letter_05072018_text.pdf\n\n120185021W_Warning Letter_05072018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMay 7, 2018\nDavid Wortman\nVice President, Supply and Transportation\nKiantone Pipeline Corporation\nc/o United Refining Company\n814 Lexington Avenue\nWarren, PA 16365\nCPF 1-2018-5021W\nDear Mr. Wortman:\nFrom June 26, 2017 to August 14, 2017, an inspector from the New York State Department of\nPublic Service acting as an Agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected Kiantone Pipeline\nCorporation (Kiantone) West Seneca terminal in West Seneca, NY.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violation(s) are:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\nsystem commence, and appropriate parts shall be kept at locations where\noperations and maintenance activities are conducted.\n\n\n\nCPF 1-2018-5021W\nKiantone failed to follow for each pipeline system a manual of written procedures for conducting\nnormal operations and maintenance activities and handling abnormal operations and\nemergencies. Specifically, Kiantone failed to follow its Operations, Maintenance & Emergency\nResponse Procedures Manual, version 2012-0104, Section 15.1.6 (Bond Inspection Procedure),\nby failing to visually inspect bonds for damage during bond inspections.\nDuring the inspection, the PHMSA inspector reviewed the Bond Inspection Procedure, which\nstated in part:\n“Procedure 15.1.6 – Bond Inspection\nResponsibility Corrosion\nTechnician\nAction\n1. Record structure to soil potentials with current on\nand with current off.\n2. Record current flow through bond while noting\ndirection of current flow.\n3. Visually inspect for damage such as loose\nconnections or frayed wires and make any repairs\nrequired.\n4. Record location and date of inspection.”\nThe PHMSA inspector also reviewed February 24, 2017 Bond Inspection Records for Rectifiers\n#75, #78, #84, and #99. In a July 14, 2017 email response to various questions from the PHMSA\ninspector, Kiantone stated that when the inspections were performed “…the bond readings were\nobtained utilizing the Remote Monitoring Units during his medical leave.” However, Bond\nInspection Procedure’s Action 3 can only be completed while physically at the location of the\nrectifier.\nTherefore, Kiantone failed to follow its Bond Inspection Procedure, Action 3, by not visually\ninspecting 3 bonds for damage during its February 24, 2017 bond inspections.\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 Kiantone 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).\n120185021W_Warning Letter_05072018_text\nPage 2 of 4\n\n\n\nCPF 1-2018-5021W\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 1-2018-5021W 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\n120185021W_Warning Letter_05072018_text\nPage 3 of 3","truncated":false,"body_characters":5770}