{"operation":"document","citation":"CPF 12021007WL","title":"TEAVEE OIL & GAS INC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-03-25","effective_on":null,"summary":"CLOSED warning letter citing 192.12(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021007wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021007wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021007wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12021007WL","body":"Warning Letter involving TEAVEE OIL & GAS INC. PHMSA's enforcement data identifies the cited regulation as 192.12(b)(2). The case was opened on 2021-03-25 and is reported as closed as of 2021-03-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12021007WL_Warning Letter_03252021_(20-173092).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021007WL/12021007WL_Warning%20Letter_03252021_(20-173092).pdf\n\n12021007WL_Warning Letter_03252021_(20-173092)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021007WL/12021007WL_Warning%20Letter_03252021_(20-173092)_text.pdf\n\n12021007WL_Warning Letter_03252021_(20-173092)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMarch 25, 2021\nMr. Duane Bowers\nVice President\nTeavee Oil & Gas Inc\nPO Box 27\nWinfield, WV 25213\nCPF 1-2021-007-WL\nDear Mr. Bowers:\nFrom March 31 to April 2, 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\nTeavee Oil & Gas Inc.’s (Teavee) underground natural gas storage field facility in Hurricane, West\nVirginia.\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(b) Depleted hydrocarbon and aquifer reservoir UNGSFs.\n(1) …\n(2) Each UNGSF that uses a depleted hydrocarbon reservoir or an\naquifer reservoir for natural gas storage and was constructed on or\nbefore July 18, 2017, must meet the provisions of API RP 1171\n(incorporated by reference, see § 192.7), sections 8, 9, 10, and 11, and\nparagraph (c) of this section, by January 18, 2018, and must meet all\nprovisions of paragraph (d) of this section by March 13, 2021.\nTeavee failed to meet the provisions of API RP 1171, Section 9. Specifically, Teavee failed to\nmeasure and record annular pressure during 2018 and 2019, as required by API RP1171, Section\n9.3.2 Well Integrity Monitoring (Section 9.3.2.).\n\n\n\nCPF 1-2021-007-WL\nSection 9.3.2 states in part “The operator shall monitor for presence of annular gas by measuring\nand recording annular pressure and/or annular gas flow.”\nDuring the inspection, Teavee provided records documenting annular pressure monitoring for the\nperiod March 14, 2020 to April 19, 2020. There were no similar records provided, with that same\nformat or on the same form, to document the results of monitoring in 2018 or 2019. The operator\nstated that the annular pressure had been monitored prior to the issuance of the IFR, but no records\nwere created. Historically, the annular gas monitoring did not reveal the presence of gas.\nTherefore, Teavee failed to meet the provisions of Section 9.3.2 regarding annual gas monitoring.\n2. § 192.12 Underground natural gas storage facilities.\n(a) …\n(b) Depleted hydrocarbon and aquifer reservoir UNGSFs.\n(1) …\n(2) Each UNGSF that uses a depleted hydrocarbon reservoir or an\naquifer reservoir for natural gas storage and was constructed on or\nbefore July 18, 2017, must meet the provisions of API RP 1171\n(incorporated by reference, see § 192.7), sections 8, 9, 10, and 11, and\nparagraph (c) of this section, by January 18, 2018, and must meet all\nprovisions of paragraph (d) of this section by March 13, 2021.\nTeavee failed to meet the provisions of API RP 1171, Section 10. Specifically, Teavee failed to\nmeet the provisions of API RP 1171, Section 10.6.2, regarding training activities for all of its\nstorage field personnel.\nAPI RP 1171, Section 10.6.2 states:\nStorage operations and applicable staff shall receive training in the use of the emergency\npreparedness/response plan. The training can include mock drills and participation in table-\ntop exercises at regular intervals. The table-top exercises or mock drills can include civil\nemergency responders to enhance understanding and successful incident response.\nDuring the inspection, the PHMSA inspection team reviewed the Teavee O&M Plan. The plan\nincluded sections addressing Underground Natural Gas Storage Facilities, Risk Assessment,\nStorage Field Map, Structure Map, Well Inspections, and the Emergency Response Plan. The team\nreviewed the available operator’s records that documented the implementation of the Operating\nInspection and Maintenance Plan. These included a record of a mock drill for alarm management\ntraining which was conducted on January 26, 2017. Although this training was conducted on\nJanuary 26, 2017, the record indicates that 3 persons were missing from the training and do not\nappear to have attended a makeup session.\nTherefore, Teavee failed to meet the provisions of Section 10.6.2.\n12021007WL_Warning Letter_03252021_(20-173092)_text Page 2 of 3\n\n\n\nCPF 1-2021-007-WL\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a related\nseries of violations. For violation occurring on or after July 31, 2019 and before January 11, 2021,\nthe maximum penalty may not exceed $218,647 per violation per day the violation persists, up to\na maximum of $2,186,465 for a related series of violations. For violation occurring on or after\nNovember 27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per\nviolation per day, with a maximum penalty not to exceed $2,132,679. For violation occurring on\nor after November 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nTeavee Oil & Gas Inc. being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2021-007-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n12021007WL_Warning Letter_03252021_(20-173092)_text Page 3 of 3","truncated":false,"body_characters":6944}