{"operation":"document","citation":"CPF 120191021W","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":"2019-10-28","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191021w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191021w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191021w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120191021W","body":"Warning Letter involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2019-10-28 and is reported as closed as of 2019-10-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120191021W_Operator Response to Notice_12302019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191021W/120191021W_Operator%20Response%20to%20Notice_12302019.pdf\n\n120191021W_Warning Letter_10282019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191021W/120191021W_Warning%20Letter_10282019.pdf\n\n120191021W_Warning Letter_10282019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191021W/120191021W_Warning%20Letter_10282019_text.pdf\n\n120191021W_Warning Letter_10282019_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nOctober 28, 2019\nMr. Brian Sheppard\nVP, Eastern Pipeline Operations\nDominion Energy Transmission, Inc\n925 White Oaks Boulevard\nBridgeport, WV 26330\nCPF 1-2019-1021W\nDear Mr Sheppard:\nFrom May 21–23, 2019, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), performed\nan inspection of Dominion Energy Transmission, Inc.’s (Dominion) pipeline system in and around\nDelmont, Pennsylvania.\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. § 192.605 Procedural manual for operations, maintenance and emergencies\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency. For transmission lines, the manual must also include procedures for\nhandling abnormal operations. This manual must be reviewed and updated by the\noperator at intervals not exceeding 15 months, but at least once each calendar year.\nThis manual must be prepared before operations of a pipeline system commence.\nAppropriate parts of the manual must be kept at locations where operations and\nmaintenance activities are conducted.\n\n\n\nDominion failed to review and update its manual of written procedures for emergencies at intervals\nnot exceeding 15 months, but at least once each calendar year. Specifically, Dominion failed to\nreview and update its emergency procedures contained in its Dominion Transmission, Inc.\nEmergency Plan, revised 3/28/16 (Combined Emergency Plan) during calendar years 2017 and\n2018.\nDuring the inspection, the PHMSA inspector reviewed the Combined Emergency Plan. Dominion\nconfirmed during the inspection that the last review and update of this emergency procedure was\ncompleted on March 28, 2016. Dominion stated that they review and update their Combined\nEmergency Plan only as needed. Their Site-Specific Emergency Plans are reviewed/updated at\nintervals not exceeding 15 months, but at least once each year calendar year.\nDominion stated in the Combined Emergency Plan that the document includes written procedures\nfor minimizing hazards resulting from natural gas and liquid pipeline emergencies. The Combined\nEmergency Plan (in conjunction with Dominion’s Site-Specific Emergency Plans) meets the\ndescription in § 192.615 Emergency Plans of written procedures to minimize the hazard resulting\nfrom a gas pipeline emergency. In accordance with § 192.605(e), these procedures must be\nincluded in the manual required by § 192.605(a), and thus are subject to the same review and\nupdating requirements therein.\nTherefore, Dominion failed to meet the requirements of § 192.605(a) by not reviewing and\nupdating their Combined Emergency Plan at intervals not exceeding 15 months, but at least once\neach year calendar year during calendar years 2017 and 2018.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,\nthe maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting 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.\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide 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).\n120191021W_Warning Letter_10282019_text Page 2 of 3\n\n\n\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 1-2019-1021W 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 USB flash drive accompanied by the\noriginal paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120191021W_Warning Letter_10282019_text Page 3 of 3","truncated":false,"body_characters":6380}