{"operation":"document","citation":"CPF 12020002NOA","title":"NIAGARA MOHAWK POWER CORP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-05-12","effective_on":null,"summary":"CLOSED notice of amendment citing 193.2605(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020002noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020002noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12020002noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12020002NOA","body":"Notice of Amendment involving NIAGARA MOHAWK POWER CORP. PHMSA's enforcement data identifies the cited regulation as 193.2605(b)(1). The case was opened on 2020-05-12 and is reported as closed as of 2020-07-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12020002NOA_Closure Letter_07312020_(20-172064).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020002NOA/12020002NOA_Closure%20Letter_07312020_(20-172064).pdf\n\n12020002NOA_Closure Letter_07312020_(20-172064)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020002NOA/12020002NOA_Closure%20Letter_07312020_(20-172064)_text.pdf\n\n12020002NOA_Notice of Amendment (20-172064)_05122020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020002NOA/12020002NOA_Notice%20of%20Amendment%20(20-172064)_05122020.pdf\n\n12020002NOA_Notice of Amendment (20-172064)_05122020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020002NOA/12020002NOA_Notice%20of%20Amendment%20(20-172064)_05122020_text.pdf\n\n12020002NOA_Operator Response to Notice (20-172064)_06092020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12020002NOA/12020002NOA_Operator%20Response%20to%20Notice%20(20-172064)_06092020.pdf\n\n12020002NOA_Closure Letter_07312020_(20-172064)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJuly 31, 2020\nMr. Badar Khan\nPresident\nNational Grid USA\n40 Sylvan Road\nWaltham, MA 02451\nCPF 1-2020-002-NOA\nDear Mr. Khan:\nOn February 4-6, 2020, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, conducted an on-\nsite pipeline safety inspection of Niagara Mohawk Power Corporation’s (Niagara) procedures at\nits LNG plant in Providence, Rhode Island. As a result of the inspection, Niagara was issued a\nNotice of Amendment on May 12, 2020, which proposed amendment of your procedures.\nNiagara submitted its amended procedures on June 9, 2020. 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\nCC: Mr. Ross Turrini, Senior Vice President, Gas Processing & Engineering, Niagara\nMohawk Power Corp. (via email)\n\n12020002NOA_Notice of Amendment (20-172064)_05122020_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nMay 12, 2020\nBadar Khan\nPresident\nNational Grid USA\n40 Sylvan Road\nWaltham, MA 02451\nCPF 1-2020-002-NOA\nDear Mr. Khan:\nFrom February 4-6, 2020, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nNiagara Mohawk Power Corporation’s (Niagara) procedures at its LNG plant in Providence,\nRhode Island. Niagara is a subsidiary of National Grid USA.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nNiagara’s plans or procedures, as described below:\n1. § 193.2605 Maintenance procedures.\n(a) …\n(b) Each operator shall follow one or more manuals of written\nprocedures for the maintenance of each component, including any\nrequired corrosion control. The procedures must include:\n(1) The details of the inspections or tests determined under\nparagraph (a) of this section and their frequency of performance; and\nNiagara’s maintenance procedures were inadequate. Specifically, Niagara’s G11 Standard for\nCorrosion Control at LNG Plants, Rev 5 and G12 Corrosion Control Evaluation Policy for LNG\nPlants, Rev 4 (Procedures), and its other procedures relative to training, failed to define what\nexperience and training is necessary to qualify a person in corrosion control technology in\naccordance with § 193.2707(c).\n\n\n\nCPF 1-2020-002-NOA\nSection 193.2707(c) states:\nCorrosion control procedures under § 193.2605(b), including those for the design,\ninstallation, operation, and maintenance of cathodic protection systems, must be carried\nout by, or under the direction of, a person qualified by experience and training in\ncorrosion control technology.\nDuring the inspection, the PHMSA inspector requested Niagara’s procedures regarding corrosion\ncontrol technology training and experience requirements. Niagara provided its Procedures. When\nthe PHMSA inspector requested additional information on experience and training for corrosion\ncontrol personnel, Niagara did not have a response. In email follow-ups after the inspection,\nNiagara stated, “National Grid has developed a separate training policy -G26 LNG Operations\nDepartment Training Program that should be read in conjunction with the corrosion control\nprocedures. This policy lays out the departmental requirements for an operator from trainee to\nqualified operator and finally fully qualified operator…G12 Corrosion Control Evaluation Policy,\nstates LNG Operations responsibility when dealing with corrosion (Atmospheric Corrosion) and\nthe Corrosion Department…”\nThese additional documents did not mention specific requirements for qualifying the person or\npeople responsible for carrying out Niagara’s corrosion control procedures. It was established in\nthese procedures that Niagara’s Corrosion Department is responsible for carrying out all aspects\nof the corrosion control procedures, except atmospheric corrosion. Niagara’s procedures state that\nits Corrosion Department utilizes its departmental workforce and qualified outside contractors to\nperform corrosion control tasks. None of the procedures provided by Niagara include any\nprovisions for what experience and training is required to consider the contractor personnel, or the\nperson directing the contractor personnel, to be qualified in corrosion control technology.\nTherefore, Niagara failed to include guidance in its procedures to define what experience and\ntraining is necessary to qualify a person in corrosion control technology in accordance with\n§ 193.2707(c).\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 Enforcement\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\n12020002NOA_Notice of Amendment (20-172064)_05122020_text Page 2 of 3\n\n\n\nCPF 1-2020-002-NOA\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 30 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 Niagara Mohawk Power Corporation maintain documentation\nof the safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,\nPHMSA Eastern Region, 840 Bear Tavern Road, Suite 300, West Trenton, NJ 08628. Please refer\nto CPF 1-2020-002-NOA on each document you submit, and whenever possible provide a signed\nPDF copy in electronic format. Smaller files may be emailed to robert.burrough@dot.gov. Larger\nfiles should be sent on USB flash drive accompanied by the original paper copy to the Eastern\nRegion Office.\nAdditionally, if you choose to respond to this (or any other case), please ensure that any response\nletter pertains solely to one CPF case number.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\nCC: Mr. Ross Turrini, Senior Vice President, Gas Processing & Engineering, Niagara\nMohawk Power Corp., 25 Hub Drive, Melville, NY 11747\n12020002NOA_Notice of Amendment (20-172064)_05122020_text Page 3 of 3","truncated":false,"body_characters":9181}