CPF 12020003NOPV
CPF 12020003NOPV
party submissionOfficial PDF12020003NOPV_Operator Response to Notice (20-172064)_06092020.pdf#
case documentOfficial PDF12020003NOPV_PCO (20-172064)_05122020.pdf#
case documentOfficial PDF12020003NOPV_PCO (20-172064)_05122020_text.pdf#
12020003NOPV_Closure Letter_07102020_(20-172064)_text.pdf, page 1Official PDFOVERNIGHT EXPRESS DELIVERY July 10, 2020 Mr. Badar Khan President National Grid USA 40 Sylvan Road Waltham, MA 02451 CPF 1-2020-003-NOPV Dear Mr. Khan: On June 26, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to Niagara Mohawk Power Corporation a Final Order in the above-referenced case. This Order included a Compliance Order. Based on our review of the documentation you provided it has been determined that you have complied with the terms of this Order. Accordingly, this case is now closed and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, Robert Burrough Director, Eastern Region Pipeline and Hazardous Materials Safety Administration CC: Mr. Ross Turrini, Senior Vice President, Gas Processing & Engineering, Niagara Mohawk Power Corp., 25 Hub Drive, Melville, NY 11747#
12020003NOPV_Final Order_06262020 (20-172064)_text.pdf, page 1Official PDFJune 26, 2020 VIA ELECRONIC MAIL TO: badar.khan@nationalgrid.com Mr. Badar Khan President National Grid USA 40 Sylvan Road Waltham, Massachusetts 02451 Re: CPF No. 1-2020-003-NOPV Dear Mr. Khan: Enclosed please find the Final Order issued in the above-referenced case to your subsidiary, Niagara Mohawk Power Corporation. It makes a finding of violation and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Eastern Region, this enforcement action will be closed. Service of the Final Order by electronic mail is effective upon the date of transmission as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA Mr. Ross Turrini, Senior Vice President – Gas Process and Chief Engineer, National Grid USA, ross.turrini@nationalgrid.com Ms. Cordelia O’Hara, Chief Operating Officer – Gas Operations, National Grid USA, cordi.ohara@nationalgrid.com CONFIRMATION OF RECEIPT REQUESTED#
12020003NOPV_Final Order_06262020 (20-172064)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ) In the Matter of ) ) Niagara Mohawk Power Corporation, ) CPF No. 1-2020-003-NOPV a subsidiary of National Grid USA, ) ) Respondent. ) ) FINAL ORDER On May 12, 2020, pursuant to 49 C.F.R. § 190.207, the Director, Eastern Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Niagara Mohawk Power Corporation (Respondent), a subsidiary of National Grid USA. The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 193. The Notice also proposed certain measures to correct the violation. Respondent did not contest the allegation of violation or corrective measures. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 193.2167 (Item 1) ─ Respondent failed to prohibit the use of a covered impounding system at its Providence, Rhode Island liquefied natural gas facility. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. COMPLIANCE ACTIONS Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violation. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States.#
12020003NOPV_Final Order_06262020 (20-172064)_text.pdf, page 3CPF No. 1-2020-003-NOPV Page 2 WARNING ITEMS With respect to Items 2 and 3, the Notice alleged two probable violations of 49 C.F.R. § 193.2605(b), respectively, but did not propose a civil penalty or compliance order for these items. Therefore, these are considered to be warning items. If OPS finds a violation of any of these items in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. June 26, 2020 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.