{"operation":"document","citation":"CPF 120191014W","title":"EASTERN GAS TRANSMISSION AND STORAGE, INC. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-07-25","effective_on":null,"summary":"CLOSED warning letter citing 192.303.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191014w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191014w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191014w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120191014W","body":"Warning Letter involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulation as 192.303. The case was opened on 2019-07-25 and is reported as closed as of 2019-07-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120191014W_Operator Response to Notice_08212019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191014W/120191014W_Operator%20Response%20to%20Notice_08212019.pdf\n\n120191014W_Warning Letter_07252019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191014W/120191014W_Warning%20Letter_07252019.pdf\n\n120191014W_Warning Letter_07252019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191014W/120191014W_Warning%20Letter_07252019_text.pdf\n\n120191014W_Warning Letter_07252019_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJuly 25, 2019\nMr. Brian Sheppard\nVice President, Eastern Pipeline Operations\nDominion Energy Transmission, Inc.\n925 White Oaks Blvd\nBridgeport, WV 26330\nCPF 1-2019-1014W\nDear Mr. Sheppard:\nOn December 11-12, 2018, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nyour Atlantic Coast Pipeline (ACP) in both Doddridge County and Lewis County, West Virginia.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item(s) inspected\nand the probable violation(s) are:\n1. §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 this part.\nDominion Energy Transmission, Inc. (DETI) failed to install portions of the ACP in the manner\nspecified in its comprehensive written specifications or standards consistent with Part 192 for\nconstructing transmission lines. Specifically, DETI failed to follow its General Specifications for\n\n\n\nPipeline Construction, dated 5/8/2018 (Construction Specifications), regarding ditching and laying\npipe, developed to comply with § 192.319(a).\nSection 192.319(a) states:\n(a) When installed in a ditch, each transmission line that is to be operated at a pressure\nproducing a hoop stress of 20 percent or more of SMYS must be installed so that the pipe\nfits the ditch so as to minimize stresses and protect the pipe coating from damage.\nDETI’s Construction Specifications stated (emphasis added):\n3.0 DITCHING\n3.1 The ditch shall be excavated to the depth and width designated in the Pipeline Data\nand the Maps and Plans portions of the Contract\n…\n3.4 Before the pipe is measured for bending, the bottom of the ditch shall be graded and\ncompleted by Contractor in a manner that will provide uniform support for the pipeline\nafter it is lowered into the ditch. The ditch shall contain sufficient sacks filled with sifted,\nrock-free earth or sand, or a protective bed of sifted, rock-free earth or sand for\nadequate support and protection of the pipeline. Foam pads COMPANY used for pipe\nsupports are prohibited…\n…\n4.0 BENDING, CONDITIONING, AND LAYING PIPE\n…\n4.12 The pipe shall be lowered into the ditch free of loose rocks, wood, welding rods,\nand metal and other debris.\nDETI’s Atlantic Coast Pipeline Contract, Exhibit A – Scope of Work, states in Section 3:\nV) Excavating and grading ditch:\n(i) Minimum width of ditch, subject to Exhibit Q – Drawings, Specifications, and\nOther Documents:\nSpread Number Ditch Width (inches)\n1-1 54 & 42\n1-2 54\n2-1 54\n120191014W_Warning Letter_07252019_text\nPage 2 of 4\n\n\n\n…\n(1) Ditch must be adequate width to accommodate all inspections, cleaning and\ncoating as per the General Specifications for Pipeline Construction in Exhibit\nQ – Drawings, Specifications, and Other Documents.\nDuring field inspection of ACP Spreads 1-1 and 2-1 on December 12, 2018, the PHMSA\ninspectors noted the placement of pipe within the ditch at Broad Run Rd (Spread 1-1) and\nDemocrat Rd (Spread 2-1) were not performed in a manner consistent with § 192.319, DETI’s\nConstruction Specifications, and DETI’s Scope of Work.\nAt Broad Run Rd, 42-inch diameter pipe was noted to have been placed within an apparent 42-\ninch wide, rock laden ditch, leaving it susceptible to potential stresses and/or damage incurred as\na result of movement or settlement typically experienced during required hydrostatic testing. The\nexcessively narrow trench also impeded adequate post installation inspection at this location, and\nis prohibited by DETI’s specifications.\nAt Democrat Rd, 42-inch diameter pipe was noted to have been placed within a rock laden ditch,\nuncentered, and abutting rock laden trench walls. The PHMSA inspectors also conveyed\nconcern with positioning of pipe within proximity to large unsupported boulders susceptible of\ndamaging the pipeline from settlement above if allowed to remain. The identified conditions\nalso have the potential to be exacerbated in the event of heavy rains and/or washouts.\nTherefore, DETI failed to construct the ACP in accordance with its comprehensive written\nspecifications or standards developed to comply with § 192.319(a).\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 Dominion Energy Transmission, Inc.\nbeing subject to additional enforcement action.\n120191014W_Warning Letter_07252019_text\nPage 3 of 4\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2019-1014W. 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).\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120191014W_Warning Letter_07252019_text\nPage 4 of 4","truncated":false,"body_characters":7109}