{"operation":"document","citation":"CPF 120191003M","title":"ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP) — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-01-31","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(2), 192.805(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191003m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191003m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191003m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120191003M","body":"Notice of Amendment involving ALGONQUIN GAS TRANSMISSION, L.L.C. (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulations as 192.605(b)(2),  192.805(a). The case was opened on 2019-01-31 and is reported as closed as of 2019-04-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120191003M_Closure Letter_04182019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191003M/120191003M_Closure%20Letter_04182019.pdf\n\n120191003M_Closure Letter_04182019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191003M/120191003M_Closure%20Letter_04182019_text.pdf\n\n120191003M_Notice of Amendment_01312019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191003M/120191003M_Notice%20of%20Amendment_01312019.pdf\n\n120191003M_Notice of Amendment_01312019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191003M/120191003M_Notice%20of%20Amendment_01312019_text.pdf\n\n120191003M_Operator Response to Notice_02282019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191003M/120191003M_Operator%20Response%20to%20Notice_02282019.pdf\n\n120191003M_Closure Letter_04182019_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nApril 18, 2019\nMs. Michele Harradence\nVice President, Transmission & Midstream Operations\nAlgonquin Gas Transmission, L.L.C.\n5400 Westheimer Court\nHouston, TX 77056\nCPF 1-2019-1003M\nDear Ms. Harradence:\nBetween February 25, 2018 and June 15, 2018, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), and inspectors from\nthe Connecticut Department of Energy & Environmental Protection (CT DEEP), and the\nNew York State Department of Public Service (NYSDPS) acting as agents of PHMSA, pursuant\nto Chapter 601 of Title 49 of the United States Code performed an integrated inspection of\nAlgonquin Gas Transmission, L.L.C. (AGT) pipeline system in Massachusetts, Rhode Island,\nConnecticut, New York and New Jersey. As a result of the inspection, AGT was issued a Notice\nof Amendment on January 31, 2019, which proposed amendments to its procedures.\nOn February 28, 2019, AGT submitted its amended procedures. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary, and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Karl Baker, CT DEEP\nKevin Speicher, NYSDPS\n\n120191003M_Notice of Amendment_01312019_text.pdf\n\nNOTICE OF AMENDMENT\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 1-2019-1003M\nDear Ms. Harradence:\nBetween February 25, 2018 and June 15, 2018, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), and inspectors from\nthe Connecticut Department of Energy & Environmental Protection (CT DEEP), and the\nNew York State Department of Public Service (NYSDPS) acting as agents of PHMSA, pursuant\nto Chapter 601 of 49 United States Code performed an integrated inspection of Algonquin Gas\nTransmission, L.L.C. (AGT) pipeline system in Houston, TX, Massachusetts, Rhode Island,\nConnecticut, New York and New Jersey.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nAGT’s plans or procedures, as described below:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide safety\nduring maintenance and operations.\n(2) Controlling corrosion in accordance with the operations and maintenance\nrequirements of Subpart I of this part.\nAGT’s manual of written procedure was inadequate in that it failed to include procedures for\ncontrolling corrosion in accordance with the operations and maintenance requirements of Part 192\n\n\n\nCPF 1-2019-1003M\nSubpart I. Specifically, AGT’s Procedure Number 2-3010, Internal Corrosion Monitoring and\nMitigation, dated 03/01/2016 (Corrosion Procedure), failed to provide sufficient detail regarding\nrequired timing for completing internal corrosion inspections and their documentation.\nSection 192.475(b) states in part “Whenever any pipe is removed from a pipeline for any reason,\nthe internal surface must be inspected for evidence of corrosion.”\nDuring the inspection, the CT DEEP inspector reviewed AGT’s Corrosion Procedure. Section 3.0,\nVisual Inspection Requirements, of the Corrosion Procedure stated in part:\n“3.1. Pipeline Cut Open or Removed\nWhenever any pipe is cut open or removed from a pipeline, for any reason, a visual inspection\nmust be performed by a Qualified Person to determine whether internal corrosion is present…\n…the inspection should include the collection and analysis of solid, liquid and sludge samples, in\naccordance with SOP #5-3090.\n3.2 Documenting Internal Corrosion\nThe internal conditions of the pipe shall be documented. This includes documenting whether the\ninternal surface is wet or dry and noting the presence or absence of deposits, debris, nodules\n(discrete deposits), sludge, scale, oil, water, etc. and described in SOP #5-3090.\n…\n3.6 Recording Information\nAll inspections shall be recorded within the Pipe Anomaly Database. This information shall be\nretained for the life of the pipeline.”\nThe Corrosion Procedure required internal inspection of cut or removed pipe as prescribed in\n§ 192.475(b). However, it failed to prescribe a timeframe for how soon the inspection must be\ncompleted and documented following the cutting or removal of the pipe. Prompt inspection is\nneeded to be able to obtain the samples and information required by Section 3.0 outlined above.\nAdditionally, AGT’s Corrosion Procedure failed to prescribe if the original documentation to\ninitiate repairs is to be updated after internal corrosion inspection is performed, or a new report is\nto be created for the internal corrosion inspection.\n2. § 192.805 Qualification Program\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) Identify covered tasks;\nAGT’s written qualification program was inadequate. Specifically, AGT’s Operator Qualification\nProcedures, dated December 7, 2017 (OQ Plan) failed to include adequate provisions for\nidentifying covered tasks based on the four-part test defined in § 192.801(b).\n120191003M_Notice of Amendment_01312019_text Page 2 of 4\n\n\n\nCPF 1-2019-1003M\nDuring the inspection, the PHMSA inspector reviewed AGT’s OQ Plan. The inspector found that\nthe OQ Plan failed to include a written process for identifying covered tasks using the four-part\ntest set out in § 192.801(b). The OQ Plan included the origin of AGT’s Covered Task List, which\nincluded who participated in determining the Covered Task List; however, the provisions to\nidentify the covered tasks based on the four-part test as defined in § 192.801(b) were not included\nin the OQ plan.\nTherefore, AGT failed to include provisions in their written qualifications program to identify\ncovered tasks in accordance with § 192.805, by not including the four-part test set out in\n§ 192.801(b).\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 60 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that AGT maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures)\nand submit the total to Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern\nRoad, Suite 300, West Trenton, NJ 08628. Please refer to CPF 1-2019-1003M on each document\nyou submit, and whenever possible provide a signed PDF copy in electronic format. Smaller files\nmay be emailed to robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by\nthe original paper copy to the Eastern Region Office.\n120191003M_Notice of Amendment_01312019_text Page 3 of 4\n\n\n\nCPF 1-2019-1003M\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n120191003M_Notice of Amendment_01312019_text Page 4 of 4","truncated":false,"body_characters":10384}