{"operation":"document","citation":"CPF 120191002W","title":"ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP) — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-01-31","effective_on":null,"summary":"CLOSED warning letter citing 192.491(c), 192.603(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120191002W","body":"Warning Letter involving ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulations as 192.491(c),  192.603(b). The case was opened on 2019-01-31 and is reported as closed as of 2019-01-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120191002W_Operator Response to Notice_02282019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191002W/120191002W_Operator%20Response%20to%20Notice_02282019.pdf\n\n120191002W_Warning Letter_ 01312019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191002W/120191002W_Warning%20Letter_%2001312019.pdf\n\n120191002W_Warning Letter_ 01312019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191002W/120191002W_Warning%20Letter_%2001312019_text.pdf\n\n120191002W_Warning Letter_ 01312019_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJanuary 31, 2019\nMs. Michele Harradence\nVice President, Transmission & Midstream Operations\nAlgonquin Gas Transmission, L.L.C.\n5400 Westheimer Court\nHouston, TX 77056\nCPF 1-2019-1002W\nDear Ms. Harradence:\nBetween May 22, 2018 and June 15, 2018, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), and inspectors from the\nConnecticut Department of Energy & Environmental Protection (CT DEEP), acting as agents of\nPHMSA, pursuant to Chapter 601 of 49 United States Code performed an integrated inspection of\nAlgonquin Gas Transmission, L.L.C. (AGT) pipeline system in Massachusetts, Rhode Island and\nConnecticut.\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. The items inspected and the\nprobable violations are:\n1. §192.491 Corrosion control records.\n(c) Each operator shall maintain a record of each test, survey, or inspection required\nby this subpart in sufficient detail to demonstrate the adequacy of corrosion\ncontrol measures or that a corrosive condition does not exist. These records must\nbe retained for at least 5 years, except that records related to §§192.465(a) and (e)\nand 192.475(b) must be retained for as long as the pipeline remains in service.\nAGT failed to maintain a record of each test, survey, or inspection required by Part 192 Subpart I\nin sufficient detail to demonstrate the adequacy of corrosion control measures or that a corrosive\ncondition did not exist. Specifically, AGT failed to maintain Pipe and Coating Inspection Report\n\n\n\nCPF 1-2019-1002W\n(Report) 1712705900 in sufficient detail of the internal inspection for internal corrosion.\nDuring the inspection, the CT DEEP inspector reviewed Report 1712705900. The Report stated in\npart:\n“Pipe & Coating\nInternal Pipe Condition: Int. Surface Not Exposed\nInternal Corrosion Product Present: n/a”\n…\n“Notes:\nComments: … A 51.5” length of pipe was replaced on 6-8-2017… This section of pipe will be\nsent to Houston Metalurrgy [sic] no RMTR required.”\nReport 1712705900 was created on 5/7/2017 to document the temporary repair of a leak. The\ninternal surface was exposed on 6/8/2017 during the removal of the defective weld. Report\n1712705900 was not updated, nor was a new report created to include the internal surface\ninspection for evidence of corrosion when the pipe was removed from the pipeline, as per\n§ 192.475(b).\nTherefore, AGT failed to maintain a record of an inspection required by Part 192 Subpart I in\nsufficient detail to demonstrate adequacy of corrosion control measures or that a corrosive\ncondition did not exist.\n2. § 192.603 General provisions.\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under § 192.605.\nAGT failed to keep records as required under § 192.603(b) to demonstrate that the Westwood Area\nEmergency Manual had been reviewed/updated at intervals not exceeding 15 months, but at least\nonce each calendar year, per § 192.605(a).\nSection 192.605(a) states in part (emphasis added) “General. Each operator shall prepare and\nfollow for each pipeline, a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. For transmission lines, the manual must also\ninclude procedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least one each calendar\nyear.”\nDuring the inspection, the PHMSA inspector requested to review AGT’s records demonstrating\ncompliance with § 192.605(a) for reviewing and updating its Westwood Area Emergency Manual.\nAGT could only produce one record, dated December 19, 2017, which applied to the review and\nupdate for the 2017 calendar year. AGT did not have records showing reviews and updates to the\nWestwood Area Emergency Manual for 2015 or 2016.\nTherefore, AGT failed to keep records as required under § 192.603(b) to demonstrate that the\n120191002W_Warning Letter_ 01312019_text Page 2 of 3\n\n\n\nCPF 1-2019-1002W\nWestwood Area Emergency Manual had been reviewed/updated at intervals not exceeding\n15 months, but at least once each calendar year.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$213,268 per violation per day the violation persists, up to a maximum of $2,132,679 for a related\nseries of violations. For violation occurring on or after November 2, 2015 and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015, the\nmaximum penalty may not exceed $200,000 per violation per day, with a maximum penalty not to\nexceed $2,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem(s) identified in this letter. Failure to do so will result in AGT being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2019-1002W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\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, 840 Bear Tavern Road, Suite 300,\nWest Trenton, NJ 08628. Please refer to CPF 1-2019-1002W 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\n120191002W_Warning Letter_ 01312019_text Page 3 of 3","truncated":false,"body_characters":7461}