{"operation":"document","citation":"CPF 120193006W","title":"NIAGARA MOHAWK POWER CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-12-06","effective_on":null,"summary":"CLOSED warning letter citing 191.22(c)(1)(iii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120193006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120193006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120193006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120193006W","body":"Warning Letter involving NIAGARA MOHAWK POWER CORP. PHMSA's enforcement data identifies the cited regulation as 191.22(c)(1)(iii). The case was opened on 2019-12-06 and is reported as closed as of 2019-12-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120193006W_Warning Letter_12062019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120193006W/120193006W_Warning%20Letter_12062019.pdf\n\n120193006W_Warning Letter_12062019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120193006W/120193006W_Warning%20Letter_12062019_text.pdf\n\n120193006W_Warning Letter_12062019_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nDecember 6, 2019\nRoss Turrini\nSVP Gas Process & Engineering\nNiagara Mohawk Power Corp\n25 Hub Drive\nMelville, NY 11747\nCPF 1-2019-3006W\nDear Mr. Turrini:\nOn October 21, 2019, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), reviewed\nOperator National Registry Notification J-20191021-22898 submitted by Niagara Mohawk Power\nCorp (Niagara).\nAs a result of the findings, it is alleged that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the\nprobable violation is:\n1. § 191.22 National Registry of Pipeline and LNG operators\n(a) …\n(c) Changes. Each operator of a gas pipeline, gas pipeline facility,\nunderground natural gas storage facility, LNG plant, or LNG facility\nmust notify PHMSA electronically through the National Registry of\nPipeline, Underground Natural Gas Storage Facility, and LNG\nOperators at http://opsweb.phmsa.dot.gov of certain events.\n(1) An operator must notify PHMSA of any of the following events\nnot later than 60 days before the event occurs:\n\n\n\n(i) …\n(iii) Construction of a new LNG plant or LNG facility;\nNiagara failed to notify PHMSA electronically through the National Registry of Pipeline,\nUnderground Natural Gas Storage Facility, and LNG Operators not later than 60 days before\nconstruction activities began for a new LNG liquefaction facility at its Providence LNG plant.\nNiagara began start up and construction activities for a liquefaction train at its Providence LNG\nplant on March 18, 2019. On October 21, 2019, a PHMSA inspector discussed the construction\nnotice omission with Niagara. In an email, Niagara stated they, “Made several attempts to notify\nPHMSA of our intent to do construction at our Providence LNG plant but was ultimately\nunsuccessful in making the filing.” Additionally, Niagara stated that no emails were sent to\nPHMSA. Niagara stated to the PHMSA inspector that they had no email address to use for\nPHMSA. Instead, the telephone number shown on PHMSA’s website was called. The PHMSA\nphone number was called at least three times and messages were left each time explaining the\nproblem with the website and asking for a callback. The calls were never returned. Following this\ncorrespondence with the PHMSA inspector, Niagara submitted a National Registry Notification\ndated October 21, 2019 for the liquefaction construction project. This notification was 276 days\nlate.\nTherefore, Niagara failed to notify PHMSA not later than 60 days before the construction of an\nLNG facility, per the requirements of § 191.22(c)(1)(iii).\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. Also, for each violation involving LNG\nfacilities, and additional penalty of not more than $79,875 occurring on or after July 31, 2019 may\nbe imposed. For each violation involving LNG facilities, an additional penalty of not more than\n$77,910 occurring on or after November 27, 2018 and before July 31,2019 may be imposed. For\neach violation involving LNG facilities occurring on or after November 2, 2018 and before\nNovember 27, 2018, an additional penalty of not more than $76,352 may be imposed. For each\nviolation involving LNG facilities occurring prior to November 2, 2015, an additional penalty of\nnot more than $75,000 may be imposed. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the item(s) identified in\nthis letter. Failure to do so will result in Niagara Mohawk Power Corp being subject to additional\nenforcement 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\n120193006W_Warning Letter_12062019_text Page 2 of 3\n\n\n\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).\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 1-2019-3006W 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\n120193006W_Warning Letter_12062019_text Page 3 of 3","truncated":false,"body_characters":6465}