{"operation":"document","citation":"CPF 120201021M","title":"EASTERN GAS TRANSMISSION AND STORAGE, INC. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-05-28","effective_on":null,"summary":"CLOSED notice of amendment citing 192.631(a)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201021m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201021m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120201021m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120201021M","body":"Notice of Amendment involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulation as 192.631(a)(1). The case was opened on 2020-05-28 and is reported as closed as of 2020-07-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120201021M_Closure Letter_07232020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201021M/120201021M_Closure%20Letter_07232020.pdf\n\n120201021M_Closure Letter_07232020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201021M/120201021M_Closure%20Letter_07232020_text.pdf\n\n120201021M_Notice of Amendment_05282020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201021M/120201021M_Notice%20of%20Amendment_05282020.pdf\n\n120201021M_Notice of Amendment_05282020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201021M/120201021M_Notice%20of%20Amendment_05282020_text.pdf\n\n120201021M_Operator Response to Notice_06252020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120201021M/120201021M_Operator%20Response%20to%20Notice_06252020.pdf\n\n120201021M_Notice of Amendment_05282020_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nMay 28, 2020\nThomas F. Farrell, II\nChairman, President and Chief Executive Officer\nDominion Energy\n1 James Ctr.\nRichmond, VA 23219\nCPF 1-2020-1021M\nDear Mr. Farrell:\nFrom January 17, 2018 to June 18, 2018, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected records and procedures of Dominion Energy Transmission, Inc. (Dominion) at its main\noffice in Bridgeport, West Virginia.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nDominion’s plans or procedures, as described below:\n1. § 192.631 Control room management.\n(a) General. (1) This section applies to each operator of a pipeline\nfacility with a controller working in a control room who monitors and\ncontrols all or part of a pipeline facility through a SCADA system. Each\noperator must have and follow written control room management\nprocedures that implement the requirements of this section, except that\nfor each control room where an operator's activities are limited to\neither or both of:\nDominion’s written control room management procedures were inadequate because they failed to\ninclude a detailed process to implement the requirements of § 192.631(b)1. Specifically,\nDominion’s Control Room Management Plan, Revision 4, 1/23/2018 (CRM Plan) failed to define\nthe roles and responsibilities of a controller during normal, abnormal, and emergency operating\nconditions.\n1 § 192.631(b) Roles and responsibilities. Each operator must define the roles and responsibilities of a controller\nduring normal, abnormal, and emergency operating conditions. To provide for a controller’s prompt and appropriate\nresponse to operating conditions, and operator must define each of the following:\n\n\n\nCPF 1-2020-1021M\nDominion’s CRM Plan had several references to “supervisor” but did not define the roles and\nresponsibilities of a supervisor. Moreover, Dominion’s CRM Plan did not outline the difference\nbetween a shift-supervisor and a supervisor’s roles and responsibilities in Section 4.2 Defined\nRoles and Responsibilities.\nTherefore, Dominion’s CRM Plan was inadequate because they did not define the roles and\nresponsibilities of a controller in accordance with § 192.631(b).\n2. § 192.631 Control room management.\n(a) General. (1) This section applies to each operator of a pipeline\nfacility with a controller working in a control room who monitors and\ncontrols all or part of a pipeline facility through a SCADA system. Each\noperator must have and follow written control room management\nprocedures that implement the requirements of this section, except that\nfor each control room where an operator's activities are limited to\neither or both of:\nDominion’s written control room management procedures were inadequate because they failed to\ninclude details to implement the requirements of § 192.631(b)(4)2. Specifically, Dominion’s\nControl Room Management Plan, Revision 4, 1/23/2018 (CRM Plan) did not have a detailed\nmethod of recording controller shift-changes and any hand-over of responsibility between\ncontrollers regarding controller absences from consoles.\nDominion CRM Plan, Subsection 4.3 Method of Recording Controller Shift-Changes and Any\nHand-Over of Responsibility between Controllers 192.631(b)(4) 192.631(c)(5) stated in part:\n“A Shift Change Sheet must be completed at the beginning of every shift and if a\ncontroller is away from the controlling console for more than a significant amount\nof time.”\nHowever, Dominion’s CRM Plan did not define “significant amount of time”. Thus, it is unclear\nhow long a controller could be absent from the console and still maintain adequate coverage.\nTherefore, Dominion’s CRM Plan was inadequate because they did not include a detailed method\nof recording controller shift-changes and any hand-over responsibilities between controllers in\naccordance with § 192.631(b)(4).\n2 § 192.631(b) Roles and responsibilities. Each operator must define the roles and responsibilities of a controller\nduring normal, abnormal, and emergency operating conditions. To provide for a controller’s prompt and appropriate\nresponse to operating conditions, and operator must define each of the following:\n§ 192.631(b)(4) A method of recording controller shift-changes and any hand-over of responsibilities between\ncontrollers; and\n120201021M_Notice of Amendment_05282020_text Page 2 of 4\n\n\n\nCPF 1-2020-1021M\n3. § 192.631 Control room management.\n(a) General. (1) This section applies to each operator of a pipeline\nfacility with a controller working in a control room who monitors and\ncontrols all or part of a pipeline facility through a SCADA system. Each\noperator must have and follow written control room management\nprocedures that implement the requirements of this section, except that\nfor each control room where an operator's activities are limited to\neither or both of:\nDominion’s written control room management procedures were inadequate because they failed to\nhave written control room management procedures that implemented the requirements of §\n192.631(d)3. Specifically, Dominion’s Control Room Management Plan, Revision 4, 1/23/2018\n(CRM Plan) did not include procedures for implementing the methods to reduce the risk associated\nwith controller fatigue that could inhibit a controller's ability to carry out the roles and\nresponsibilities the operator has defined.\nDominion’s CRM Plan, Subsection 6.3 Fatigue Mitigation 192.631(d)(2) 192.631(d)(3) stated in\npart: “A fatigued controller should call the Gas Control Manager, Director or Coordinator to find\na replacement controller. (Controller Fatigue Replacement Procedure).” However, Dominion’s\nCRM Plan did not describe or reference a process for when someone such as a supervisor identifies\nthat a controller is fatigued and must find a replacement.\nTherefore, Dominion’s CRM Plan was inadequate because they did not implement the methods to\nreduce the risk associated with controller fatigue that could inhibit a controller’s ability to carry\nout the roles and responsibilities the operator has defined in accordance with § 192.631(d).\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\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\n3 § 192.631(d) Fatigue mitigation. Each operator must implement the following methods to reduce the risk\nassociated with controller fatigue that could inhibit a controller’s ability to carry out the roles and responsibilities the\noperator has defined:\n120201021M_Notice of Amendment_05282020_text Page 3 of 4\n\n\n\nCPF 1-2020-1021M\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 Dominion Energy Transmission, Inc. 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 1-2020-1021M 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: Brian Sheppard, Vice President, Eastern Pipeline Operations, Dominion Energy\nTransmission, Inc. (via email)\n120201021M_Notice of Amendment_05282020_text Page 4 of 4\n\n120201021M_Closure Letter_07232020_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJuly 23, 2020\nMr. Thomas F. Farrell, II\nChairman, President and Chief Executive Officer\nDominion Energy\n1 James Ctr.\nRichmond, VA 23219\nCPF 1-2020-1021M\nDear Mr. Farrell:\nFrom January 17, 2018 to June 18, 2018, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of procedures of Dominion Energy Transmission,\nInc. (Dominion) at its main office in Bridgeport, West Virginia. As a result of the inspection,\nDominion was issued a Notice of Amendment on May 28, 2020, which proposed amendment of\nits procedures.\nDominion submitted its amended procedures on July 10, 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","truncated":false,"body_characters":11804}