# NIAGARA MOHAWK POWER CORP — Warning Letter

- **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:** Not available
- **summary:** CLOSED warning letter citing 191.22(c)(1)(iii).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120193006w.json
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- **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.

Official case documents:

120193006W_Warning Letter_12062019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120193006W/120193006W_Warning%20Letter_12062019.pdf

120193006W_Warning Letter_12062019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120193006W/120193006W_Warning%20Letter_12062019_text.pdf

120193006W_Warning Letter_12062019_text.pdf

WARNING LETTER
OVERNIGHT EXPRESS DELIVERY
December 6, 2019
Ross Turrini
SVP Gas Process & Engineering
Niagara Mohawk Power Corp
25 Hub Drive
Melville, NY 11747
CPF 1-2019-3006W
Dear Mr. Turrini:
On October 21, 2019, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), reviewed
Operator National Registry Notification J-20191021-22898 submitted by Niagara Mohawk Power
Corp (Niagara).
As a result of the findings, it is alleged that you have committed a probable violation of the Pipeline
Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the
probable violation is:
1. § 191.22 National Registry of Pipeline and LNG operators
(a) …
(c) Changes. Each operator of a gas pipeline, gas pipeline facility,
underground natural gas storage facility, LNG plant, or LNG facility
must notify PHMSA electronically through the National Registry of
Pipeline, Underground Natural Gas Storage Facility, and LNG
Operators at http://opsweb.phmsa.dot.gov of certain events.
(1) An operator must notify PHMSA of any of the following events
not later than 60 days before the event occurs:



(i) …
(iii) Construction of a new LNG plant or LNG facility;
Niagara failed to notify PHMSA electronically through the National Registry of Pipeline,
Underground Natural Gas Storage Facility, and LNG Operators not later than 60 days before
construction activities began for a new LNG liquefaction facility at its Providence LNG plant.
Niagara began start up and construction activities for a liquefaction train at its Providence LNG
plant on March 18, 2019. On October 21, 2019, a PHMSA inspector discussed the construction
notice omission with Niagara. In an email, Niagara stated they, “Made several attempts to notify
PHMSA of our intent to do construction at our Providence LNG plant but was ultimately
unsuccessful in making the filing.” Additionally, Niagara stated that no emails were sent to
PHMSA. Niagara stated to the PHMSA inspector that they had no email address to use for
PHMSA. Instead, the telephone number shown on PHMSA’s website was called. The PHMSA
phone number was called at least three times and messages were left each time explaining the
problem with the website and asking for a callback. The calls were never returned. Following this
correspondence with the PHMSA inspector, Niagara submitted a National Registry Notification
dated October 21, 2019 for the liquefaction construction project. This notification was 276 days
late.
Therefore, Niagara failed to notify PHMSA not later than 60 days before the construction of an
LNG facility, per the requirements of § 191.22(c)(1)(iii).
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related
series of violations. For violation occurring on or after November 27, 2018 and before July 31,
2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum
penalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before
November 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a
maximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,
the maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty
not to exceed $2,000,000 for a related series of violations. Also, for each violation involving LNG
facilities, and additional penalty of not more than $79,875 occurring on or after July 31, 2019 may
be imposed. For each violation involving LNG facilities, an additional penalty of not more than
$77,910 occurring on or after November 27, 2018 and before July 31,2019 may be imposed. For
each violation involving LNG facilities occurring on or after November 2, 2018 and before
November 27, 2018, an additional penalty of not more than $76,352 may be imposed. For each
violation involving LNG facilities occurring prior to November 2, 2015, an additional penalty of
not more than $75,000 may be imposed. We have reviewed the circumstances and supporting
documents involved in this case, and have decided not to conduct additional enforcement action
or penalty assessment proceedings at this time. We advise you to correct the item(s) identified in
this letter. Failure to do so will result in Niagara Mohawk Power Corp being subject to additional
enforcement action.
Be advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies for
120193006W_Warning Letter_12062019_text Page 2 of 3



confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must
provide a second copy of the document with the portions you believe qualify for confidential
treatment redacted and an explanation of why you believe the redacted information qualifies for
confidential treatment under 5 U.S.C. 552(b).
No reply to this letter is required. If you choose to reply, please submit all correspondence in this
matter to Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300,
West Trenton, NJ 08628. Please refer to CPF 1-2019-3006W on each document you submit, and
whenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed
to robert.burrough@dot.gov. Larger files should be sent on USB flash drive accompanied by the
original paper copy to the Eastern Region Office.
Sincerely,
Robert Burrough
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
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