{"operation":"document","citation":"CPF 120201001W","title":"TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP) — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-01-02","effective_on":null,"summary":"CLOSED warning letter citing 192.12(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120201001W","body":"Warning Letter involving TEXAS EASTERN TRANSMISSION, LP (SPECTRA ENERGY PARTNERS, LP). PHMSA's enforcement data identifies the cited regulation as 192.12(d). The case was opened on 2020-01-02 and is reported as closed as of 2020-01-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120201001W_Operator Response to Notice_01202020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201001W/120201001W_Operator%20Response%20to%20Notice_01202020.pdf\n\n120201001W_Warning Letter_01022020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201001W/120201001W_Warning%20Letter_01022020.pdf\n\n120201001W_Warning Letter_01022020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201001W/120201001W_Warning%20Letter_01022020_text.pdf\n\n120201001W_Warning Letter_01022020_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJanuary 2, 2020\nMs. Michele Harradence\nVP, Gas Transmission & Midstream Operations\nTexas Eastern Transmission, LP\n5400 Westheimer Court\nHouston TX 77056\nCPF 1-2020-1001W\nDear Ms. Harradence:\nFrom August 20-22, 2019, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected Texas\nEastern Transmission, LP’s (Texas Eastern) Accident Underground Natural Gas Storage (UNGS)\nfacility in Garrett County, MD.\nAs a result of the inspection, 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 probable\nviolation is:\n1. § 192.12 Underground natural gas storage facilities.\n(d) Each underground natural gas storage facility that uses a depleted\nhydrocarbon reservoir or an aquifer reservoir for gas storage, including\nthose constructed not later than July 18, 2017 must meet the operations,\nmaintenance, integrity demonstration and verification, monitoring, threat\nand hazard identification, assessment, remediation, site security,\nemergency response and preparedness, and recordkeeping requirements\nand recommendations of API RP 1171, sections 8, 9, 10, and 11\n(incorporated by reference, see §192.7) by January 18, 2018.\n\n\n\nCPF 1-2020-1001W\nTexas Eastern failed to meet the integrity monitoring requirements of API RP 1171. Specifically,\nTexas Eastern failed to demonstrate that it evaluated each occurrence of annular gas that exceeded\noperator defined threshold levels in accordance with API RP 1171, Section 9.3.2.\nSection 9.3.2, Well Integrity Monitoring, states in part:\nThe operator shall evaluate each annular gas occurrence that exceeds operator- or regulatory-\ndefined threshold levels determined from well integrity evaluation and from risk assessment.\nDuring the inspection, Texas Eastern was not able to provide documentation of the evaluation of\neach occurrence of annular gas that exceeded operator-defined threshold levels.\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, 2019,\nthe maximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015 and before November 27,\n2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum penalty\nnot to exceed $2,090,022. For violations occurring prior to November 2, 2015, the maximum penalty\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for\na related series of violations. We have reviewed the circumstances and supporting documents involved\nin this case, and have decided not to conduct additional enforcement action or penalty assessment\nproceedings at this time. We advise you to correct the item(s) identified in this letter. Failure to do so\nwill result in Texas Eastern Transmission, LP being subject to additional enforcement action.\nBe advised that all material you submit in response to this enforcement action is subject to being made\npublicly available. 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 second\ncopy of the document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under 5\nU.S.C. 552(b).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this matter\nto Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300, West\nTrenton, NJ 08628. Please refer to CPF 1-2020-1001W on each document you submit, and whenever\npossible provide a signed PDF copy in electronic format. Smaller files may be emailed to\nrobert.burrough@dot.gov. Larger files should be sent on USB flash drive accompanied by the original\npaper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120201001W_Warning Letter_01022020_text Page 2 of 2","truncated":false,"body_characters":5346}