{"operation":"document","citation":"CPF 120201002W","title":"DTE GAS COMPANY — 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-120201002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120201002W","body":"Warning Letter involving DTE GAS COMPANY. 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\n120201002W_Warning Letter_01022020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201002W/120201002W_Warning%20Letter_01022020.pdf\n\n120201002W_Warning Letter_01022020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201002W/120201002W_Warning%20Letter_01022020_text.pdf\n\n120201002W_Warning Letter_01022020_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJanuary 2, 2020\nMr. Robert Richard\nSenior Vice President of Gas Operations\nDTE Gas Company\nOne Energy Plaza\nDetroit, MI 48226\nCPF 1-2020-1002W\nDear Mr. Richard:\nFrom September 10-12, 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\nDTE Gas Company’s (DTE) Washington 10 Complex Underground Natural Gas Storage (UNGS)\nfacility in Macomb County, MI.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 192.12 Underground natural gas storage facilities.\n(a) …\n(d) Each underground natural gas storage facility that uses a\ndepleted hydrocarbon reservoir or an aquifer reservoir for gas storage,\nincluding those constructed not later than July 18, 2017 must meet the\noperations, maintenance, integrity demonstration and verification,\nmonitoring, threat and hazard identification, assessment, remediation,\nsite security, emergency response and preparedness, and\nrecordkeeping requirements and recommendations of API RP 1171,\nsections 8, 9, 10, and 11 (incorporated by reference, see §192.7) by\nJanuary 18, 2018.\n\n\n\nCPF 1-2020-1002W\nDTE failed to meet the integrity monitoring requirements of API RP 1171. Specifically, DTE\nfailed to demonstrate that it visually inspected each wellhead assembly at least annually for leaks\nin accordance with API RP 1171, Section 9.3.2.\nSection 9.3.2, Well Integrity Monitoring, States in part:\nThe operator shall visually inspect each wellhead assembly at least annually for leaks.\nDuring the inspection, DTE was not able to provide documentation of the wellhead assembly\nleak inspections for 2018.\n2. § 192.12 Underground natural gas storage facilities.\n(a) …\n(d) Each underground natural gas storage facility that uses a\ndepleted hydrocarbon reservoir or an aquifer reservoir for gas storage,\nincluding those constructed not later than July 18, 2017 must meet the\noperations, maintenance, integrity demonstration and verification,\nmonitoring, threat and hazard identification, assessment, remediation,\nsite security, emergency response and preparedness, and\nrecordkeeping requirements and recommendations of API RP 1171,\nsections 8, 9, 10, and 11 (incorporated by reference, see §192.7) by\nJanuary 18, 2018.\nDTE failed to meet the integrity monitoring requirements of API RP 1171. Specifically, DTE\nfailed to demonstrate that it function-tested surface safety valves at least annually in accordance\nwith API RP 1171, Section 9.3.2.\nSection 9.3.2, Well Integrity Monitoring, States in part:\nSurface and subsurface safety valve systems, where installed, shall be function-tested at\nleast annually.\nDuring the inspection, DTE was not able to provide documentation of the surface safety valve\nfunction tests for 2018.\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,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,\nthe maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\n120201002W_Warning Letter_01022020_text Page 2 of 3\n\n\n\nCPF 1-2020-1002W\nitem(s) identified in this letter. Failure to do so will result in DTE Gas Company being subject to\nadditional enforcement action.\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300,\nWest Trenton, NJ 08628. Please refer to CPF 1-2020-1002W on each document you submit, and\nwhenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed\nto robert.burrough@dot.gov. Larger files should be sent on USB flash drive accompanied by the\noriginal paper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Ms. Renee Tomina, Vice President of Gas Operations, DTE Gas Company; One Energy\nPlaza Detroit, MI 48226\n120201002W_Warning Letter_01022020_text Page 3 of 3","truncated":false,"body_characters":6180}