{"operation":"document","citation":"CPF 120195005M","title":"TOTAL PEAKING SERVICES — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-04-02","effective_on":null,"summary":"CLOSED notice of amendment citing 193.2017(a), 193.2605(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195005m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195005m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120195005m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120195005M","body":"Notice of Amendment involving TOTAL PEAKING SERVICES. PHMSA's enforcement data identifies the cited regulations as 193.2017(a),  193.2605(b)(1). The case was opened on 2019-04-02 and is reported as closed as of 2019-07-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120195005M_Closure Letter_07082019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195005M/120195005M_Closure%20Letter_07082019.pdf\n\n120195005M_Closure Letter_07082019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195005M/120195005M_Closure%20Letter_07082019_text.pdf\n\n120195005M_Notice of  Amendment_04022019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195005M/120195005M_Notice%20of%20%20Amendment_04022019.pdf\n\n120195005M_Notice of Amendment_04022019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195005M/120195005M_Notice%20of%20Amendment_04022019_text.pdf\n\n120195005M_Operator Response to Notice_04302019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120195005M/120195005M_Operator%20Response%20to%20Notice_04302019.pdf\n\n120195005M_Notice of Amendment_04022019_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nApril 2, 2019\nAnthony Marone\nSenior Vice President, Gas Operations\nAVANGRID Networks\nTotal Peaking Services\n180 Marsh Hill Rd.\nOrange, CT 06477\nCPF 1-2019-5005M\nDear Mr. Marone:\nOn April 24 to April 30, 2018, an inspector from the Connecticut Department of Energy and\nEnvironmental Protection (CT DEEP), acting as Agent for Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of\nTitle 49 of the United States Code inspected Total Peaking Services’ (TPS) records and procedures\nfor its LNG plant in Bridgeport, Connecticut. TPS is a wholly-owned subsidiary of United\nResources, Inc., which was a subsidiary of UIL Holdings Corporation acquired by Avangrid.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nTPS’s plans or procedures, as described below:\n1. § 193.2017 Plans and procedures.\n(a) Each operator shall maintain at each LNG plant the plans and procedures\nrequired for that plant by this part. The plans and procedures must be available upon\nrequest for review and inspection by the Administrator or any State Agency that has\nsubmitted a current certification or agreement with respect to the plant under the\npipeline safety laws (49 U.S.C. 60101 et seq.). In addition, each change to the plans or\nprocedures must be available at the LNG plant for review and inspection within 20\ndays after the change is made.\nTPS written plans and procedures required for each LNG plant by Part 193 were\ninadequate. Specifically, TPS procedures failed to include updated guidance for inspection of\ncryogenic personal protective equipment (PPE) nor sufficient guidance for inspection of non-\ncryogenic PPE per the requirements of § 193.2801.\n\n\n\nCPF 1-2019-5005M\nSection 193.2801 states in part:\nEach operator must provide and maintain fire protection at LNG plants according to\nsections 9.1 through 9.7 and section 9.9 of NFPA-59A-2001 (incorporated by reference,\nsee § 193.2013).\nSections 9.7.1 and 9.7.3 of NFPA-59A-2001 state:\n9.7.1* Protective clothing, which will provide protection against the effects of exposure to\nLNG, shall be available and readily accessible at the facility.\n9.7.3* Written practices and procedures shall be developed to protect employees from the\nhazards of entry into confined or hazardous spaces.\nDuring the inspection, the CT DEEP inspector reviewed TPS’s Preventive Maintenance Work\nOrder Cryogenic PPE Quarterly Inspection (WO P105645). WO P105645 stated in part:\n“The approved storage location for personal cyrogenic (sic) PPE is either the control room\nhallway or personal locker.”\nHowever, only shared cryogenic PPE is available for use at the Plant and this shared cryogenic\nPPE is never stored in personal lockers. Additionally, WO P105645 does not list specific\nindications that determine when the cryogenic PPE needs to be replaced.\nCT DEEP inspector reviewed TPS’s Preventive Maintenance Work Order Inventory Safety (WO\nP105729). TPS stated that inspection was performed on non-cryogenic PPE as part of WO\nP105729. TPS procedures did not provide for the periodic inspection of non-cryogenic PPE that\nis currently in use. TPS stated they expect to add the periodic inspection of non-cryogenic PPE\ninto work orders.\nTherefore, TPS written plans and procedures were inadequate regarding inspection and\nmaintenance of PPE required by NFPA-59A-2001.\n2. § 193.2605 Maintenance Procedures.\n…\n(b) Each operator shall follow one or more manuals of written procedures for the\nmaintenance of each component, including any required corrosion control. The\nprocedure must include:\n(1) The details of the inspections or tests determined under paragraph (a) of this\nsection and their frequency of performance;\nTPS’ written procedures for the maintenance of each component were inadequate. Specifically,\nTPS’s procedures failed to include sufficient guidance for inspection and testing of UV detectors\nper the requirements of § 193.2619(c)(2).\nSection 193.2619(c)(2) states:\n120195005M_Notice of Amendment_04022019_text Page 2 of 4\n\n\n\nCPF 1-2019-5005M\n(c) Control systems in service, but not normally in operation, such as relief valves and\nautomatic shutdown devices, and control systems for internal shutoff valves for bottom\npenetration tanks must be inspected and tested once each calendar year, not exceeding 15\nmonths, with the following exceptions:\n…\n(2) Control systems that are intended for fire protection must be inspected and tested at\nregular intervals not to exceed 6 months.\nDuring the inspection, the CT DEEP inspector reviewed TPS’s Inspection and Maintenance Plan\nIMP-7.3 Hazard Detection and Mitigation (IMP 7.3). IMP 7.3 did not provide adequate guidance\nto perform inspections or testing of UV detectors. Additionally, work orders did not require the\ninspection and testing of UV detectors in TPS’ work management system.\nTherefore, TPS’s written procedures were inadequate.\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 90 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 AVANGRID Networks maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please refer\nto CPF 1-2019-5005M and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\n120195005M_Notice of Amendment_04022019_text Page 3 of 4\n\n\n\nCPF 1-2019-5005M\nIf you have any questions, please contact us at 609-771-7800.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n120195005M_Notice of Amendment_04022019_text Page 4 of 4\n\n120195005M_Notice of  Amendment_04022019.pdf\n\nU.S. Department\nof Transportation\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\nPipeline and\n609.771.7800\nSafety Administration\nHazardous Materials\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nApril 2, 2019\nAnthony Marone\nSenior Vice President, Gas Operations\nAVANGRID Networks\nTotal Peaking Services\n180 Marsh Hill Rd.\nOrange, CT 06477\nCPF 1-2019-5005M\nDear Mr. Marone:\nOn April 24 to April 30, 2018, an inspector from the Connecticut Department of Energy and\nEnvironmental Protection (CI DEEP), acting as Agent for Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of\nTitle 49 of the United States Code inspected Total Peaking Services' (TPS) records and procedures\nfor its LNG plant in Bridgeport, Connecticut. TPS is a wholly-owned subsidiary of United\nResources, Inc., which was a subsidiary of UIL Holdings Corporation acquired by Avangrid.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nTPS's plans or procedures, as described below:\n1.\n§ 193.2017 Plans and procedures.\n(a) Each operator shall maintain at each LNG plant the plans and procedures\nrequired for that plant by this part. The plans and procedures must be available upon\nrequest for review and inspection by the Administrator or any State Agency that has\nsubmitted a current certification or agreement with respect to the plant under the\npipeline safety laws (49 U.S.C. 60101 et seq.). In addition, each change to the plans or\nprocedures must be available at the LNG plant for review and inspection within 20\ndays after the change is made.\nTPS written plans and procedures required for each LNG plant by Part 193 were\ninadequate. Specifically, TPS procedures failed to include updated guidance for inspection of\ncryogenic personal protective equipment (PPE) nor sufficient guidance for inspection of non-\ncryogenic PPE per the requirements of § 193.2801.\n\n\n\nCPF 1-2019-5005M\nSection 193.2801 states in part:\nEach operator must provide and maintain fire protection at LNG plants according to\nsections.. through 9.7 and section 9.9 of NFPA-59A-2001 (incorporated by reference,\nsee § 193.2013).\nSections 9.7.1 and 9.7.3 of NFPA-59A-2001 state:\n9.7.1* Protective clothing, which will provide protection against the effects of exposure to\nLNG, shall be available and readily accessible at the facility.\n9.7.3* Written practices and procedures shall be developed to protect employees from the\nhazards of entry into confined or hazardous spaces.\nDuring the inspection, the CT DEEP inspector reviewed TPS's Preventive Maintenance Work\nOrder Cryogenic PPE Quarterly Inspection (WO P105645). WO P105645 stated in part:\n\"The approved storage location for personal cyrogenic (sic) PPE is either the control room\nhallway or personal locker. \"\nHowever, only shared cryogenic PPE is available for use at the Plant and this shared cryogenic\nPPE is never stored in personal lockers. Additionally, WO P105645 does not list specific\nindications that determine when the cryogenic PPE needs to be replaced.\nCT DEEP inspector reviewed TPS's Preventive Maintenance Work Order Inventory Safety (WO\nP105729). TPS stated that inspection was performed on non-cryogenic PPE as part of WO\nP105729. TPS procedures did not provide for the periodic inspection of non-cryogenic PPE that\nis currently in use. TPS stated they expect to add the periodic inspection of non-cryogenic PPE\ninto work orders.\nTherefore, TPS written plans and procedures were inadequate regarding inspection and\nmaintenance of PPE required by NFPA-59A-2001.\n2.\n§ 193.2605 Maintenance Procedures.\n(b) Each operator shall follow one or more manuals of written procedures for the\n•••\nmaintenance of each component, including any required corrosion control. The\nprocedure must include:\n(1) The details of the inspections or tests determined under paragraph (a) of this\nsection and their frequency of performance;\nTPS' written procedures for the maintenance of each component were inadequate. Specifically,\nTPS's procedures failed to include sufficient guidance for inspection and testing of UV detectors\nper the requirements of § 193.2619(c)(2).\nSection 193.2619(c)(2) states:\n120195005M_NOA_04022019 (157209) docx\nPage 2 of 4\n\n\n\nCPF 1-2019-5005M\n(c) Control systems in service, but not normally in operation, such as relief valves and\nautomatic shutdown devices, and control systems for internal shutoff valves for bottom\npenetration tanks must be inspected and tested once each calendar year, not exceeding 15\nmonths, with the following exceptions:\n(2) Control systems that are intended for fire protection must be inspected and tested at\nregular intervals not to exceed 6 months.\nDuring the inspection, the CT DEEP inspector reviewed TPS's Inspection and Maintenance Plan\nIMP-7.3 Hazard Detection and Mitigation (IMP 7.3). IMP 7.3 did not provide adequate guidance\nto perform inspections or testing of UV detectors. Additionally, work orders did not require the\ninspection and testing of UV detectors in TPS work management system.\nTherefore, TPS's written procedures were inadequate.\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 90 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 AVANGRID Networks maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please refer\nto CPF 1-2019-5005M and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\n120195005M_NOA_04022019 (157209).docx\nPage 3 of 4\n\n\n\nCPF 1-2019-5005M\nIf you have any questions, please contact us at 609-771-7800.\nSincerely,\nPut Burk\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n120195005M_NOA_04022019 (157209).docx\nPage 4 of 4\n\n120195005M_Closure Letter_07082019_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJuly 8, 2019\nAnthony Marone\nSenior Vice President, Gas Operations\nAVANGRID Networks\nTotal Peaking Services\n180 Marsh Hill Rd.\nOrange, CT 06477\nCPF 1-2019-5005M\nDear Mr. Marone:\nOn April 24 to April 30, 2018, an inspector from the Connecticut Department of Energy and\nEnvironmental Protection (CT DEEP), acting as Agent for Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of\nTitle 49 of the United States Code inspected Total Peaking Services’ (TPS) records and procedures\nfor its LNG plant in Bridgeport, Connecticut. TPS is a wholly-owned subsidiary of United\nResources, Inc., which was a subsidiary of UIL Holdings Corporation acquired by Avangrid.\nTPS submitted its amended procedures on May 1, 2019. 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","truncated":false,"body_characters":17898}