{"operation":"document","citation":"CPF 12021008NOA","title":"TEAVEE OIL & GAS INC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-04-06","effective_on":null,"summary":"CLOSED notice of amendment citing 192.12(c), 192.12(d)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021008noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021008noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021008noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12021008NOA","body":"Notice of Amendment involving TEAVEE OIL & GAS INC. PHMSA's enforcement data identifies the cited regulations as 192.12(c),  192.12(d)(4). The case was opened on 2021-04-06 and is reported as closed as of 2021-09-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12021008NOA_Closure Letter_09232021_(20-173092).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021008NOA/12021008NOA_Closure%20Letter_09232021_(20-173092).pdf\n\n12021008NOA_Closure Letter_09232021_(20-173092)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021008NOA/12021008NOA_Closure%20Letter_09232021_(20-173092)_text.pdf\n\n12021008NOA_Notice of Amendment_04062021_(20-173092).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021008NOA/12021008NOA_Notice%20of%20Amendment_04062021_(20-173092).pdf\n\n12021008NOA_Notice of Amendment_04062021_(20-173092)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021008NOA/12021008NOA_Notice%20of%20Amendment_04062021_(20-173092)_text.pdf\n\n12021008NOA_Closure Letter_09232021_(20-173092)_text.pdf\n\nVIA ELECTRONIC MAIL TO: dsunshot@gmail.com\nSeptember 23, 2021\nMr. Duane Bowers\nVice President\nTeavee Oil & Gas Inc.\nPO Box 27\nWinfield, WV 25213\nCPF 1-2021-008-NOA\nDear Mr Bowers:\nFrom March 31, 2020 through June 2, 2020, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected Teavee Oil & Gas Inc’s (Teavee) procedures for the underground natural gas\nstorage facility in Hurricane, West Virginia. As a result of the inspection, Teavee was issued a\nNotice of Amendment on April 6, 2021, which proposed amendment of your procedures.\nTeavee submitted its amended procedures on May 27, 2021. 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\n\n12021008NOA_Notice of Amendment_04062021_(20-173092)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: dsunshot@gmail.com\nApril 6, 2021\nMr. Duane Bowers\nVice President\nTeavee Oil & Gas Inc\nPO Box 27\nWinfield, West Virginia 25213\nCPF 1-2021-008-NOA\nDear Mr. Bowers:\nFrom March 31, 2020 through June 2, 2020, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nTeavee Oil & Gas Inc’s (Teavee) procedures for the underground natural gas storage facility in Hurricane,\nWest Virginia.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within Teavee’s\nplans or procedures, as described below:\n1. § 192.12 Underground natural gas storage facilities.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare and\nfollow for each facility one or more manuals of written procedures for\nconducting operations, maintenance, and emergency preparedness and\nresponse activities under paragraphs (a) and (b) of this section. Each operator\nmust keep records necessary to administer such procedures and review and\nupdate these manuals at intervals not exceeding 15 months, but at least once\neach calendar year. Each operator must keep the appropriate parts of these\nmanuals accessible at locations where UNGSF work is being performed. Each\noperator must have written procedures in place before commencing\noperations or beginning an activity not yet implemented.\n\n\n\nCPF 1-2021-008-NOA\nTeavee’s written procedures for conducting operations, maintenance, and emergency preparedness and\nresponse activities under § 192.12(b)(2) were inadequate. Specifically, Teavee’s Operation, Inspection\nand Maintenance Plan, undated (O&M Plan), lacked sufficient details for the operation of underground\nnatural gas storage fields regarding integrity monitoring in accordance with API RP 1171, Section 9.\nDuring the inspection, the inspectors reviewed Teavee’s O&M Plan. The plan included sections\naddressing Underground Natural Gas Storage Facilities, Risk Assessment, Storage Field Map, Structure\nMap, Well Inspections, and the Emergency Response Plan.\nThe inspection team identified the following elements of the plan related to integrity monitoring that were\ninadequate:\nIntegrity Monitoring\n1. No hysteresis curve had been developed or was available, wherein Teavee analyzed pressure / volume\ndata to determine reservoir integrity. (API RP 1171, Section 9.2.1)\n2. There was no reference in the body of the plan that addressed a process to develop integrity\ndemonstration, verification, and monitoring tasks. (API RP 1171, Section 9.2.2)\n3. Teavee did not include a reference in the body of the plan that specified the frequency considerations\nfor integrity demonstration, verification, and monitoring tasks. (API RP 1171, Section 9.2.2)\n4. Teavee's O&M Plan, Section 35.6 does not provide specificity for a process to integrate well integrity\nevaluations into the risk assessment program. (API RP 1171, Section 9.3.1)\n5. The O&M Plan does not specify an action level or threshold for annular pressure or annular gas flow.\n(API RP 1171, Section 9.3.2)\n6. No threshold is specified for annular pressure or annular gas flow, and therefore there is no follow-up\nprocess for threshold excursions. (API RP 1171, Section 9.3.2)\n7. Teavee’s O&M Plan addresses valve inspections in general, but does not provide detail or a reference\nto a task description for maintenance. (API RP 1171, Section 9.3.2)\nTherefore, Teavee’s O&M Plan was inadequate regarding various requirements found within API\nRP1171, Section 9. Teavee must revise its O&M Plan to address the deficiencies outlined above.\n2. § 192.12 Underground natural gas storage facilities.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare and\nfollow for each facility one or more manuals of written procedures for\nconducting operations, maintenance, and emergency preparedness and\nresponse activities under paragraphs (a) and (b) of this section. Each operator\nmust keep records necessary to administer such procedures and review and\nupdate these manuals at intervals not exceeding 15 months, but at least once\neach calendar year. Each operator must keep the appropriate parts of these\nmanuals accessible at locations where UNGSF work is being performed. Each\noperator must have written procedures in place before commencing\noperations or beginning an activity not yet implemented.\n12021008NOA_Notice of Amendment_04062021_(20-173092)_text Page 2 of 8\n\n\n\nCPF 1-2021-008-NOA\nTeavee’s written procedures for conducting operations, maintenance, and emergency preparedness and\nresponse activities were inadequate. Specifically, Teavee’s O&M Plan lacked sufficient details for the\noperation of underground natural gas storage fields with regard to reporting requirements of 49 CFR Part\n191.\nDuring the inspection, the PHMSA inspection team reviewed Teavee’s O&M Plan. The plan included\nsections addressing Underground Natural Gas Storage Facilities, Risk Assessment, Storage Field Map,\nStructure Map, Well Inspections, and the Emergency Response Plan.\nThe inspection team identified the following elements of the plan, related to reporting requirements, that\nwere inadequate:\nReporting\n1. Teavee's O&M Plan defines incidents on a pipeline but does not address incidents in underground\nnatural gas storage facilities. (§ 191.3)\n2. The procedure addressing immediate notifications of incidents was undated and had no revision\nnumber. Procedure A-7, Incident and Safety Reporting, did not appear to be a part of the O&M Plan, and\nwas not referenced in the manual. (§ 191.5)\n3. The procedure addressing the 30-day incident report was undated and had no revision number.\nProcedure A-7, Incident and Safety Reporting, did not appear to be a part of the O&M Manual, and was\nnot referenced in the manual. (§ 191.15(c))\n4. Procedure A-7, Incident and Safety Reporting, does not address filing of supplemental or revised\nreports. (§ 191.15(d))\n5. Procedure A-7, Incident and Safety Reporting, does not clearly require the filing of the annual\nreport. (§ 191.17)\n6. Procedure A-7, Incident and Safety Reporting, failed to include specific language for UNGS\nnotifications. (§ 191.22)\n7. Procedure A-7, Incident and Safety Reporting, does not address safety related conditions for\nUNGSFs. (§ 191.23(a))\nTherefore, Teavee’s O&M Plan was inadequate regarding various reporting requirements found in Part\n191. Teavee must revise its O&M Plan to address the deficiencies in reporting procedures outlined above.\n3. § 192.12 Underground natural gas storage facilities.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare and\nfollow for each facility one or more manuals of written procedures for\nconducting operations, maintenance, and emergency preparedness and\nresponse activities under paragraphs (a) and (b) of this section. Each operator\nmust keep records necessary to administer such procedures and review and\nupdate these manuals at intervals not exceeding 15 months, but at least once\neach calendar year. Each operator must keep the appropriate parts of these\nmanuals accessible at locations where UNGSF work is being performed. Each\noperator must have written procedures in place before commencing\noperations or beginning an activity not yet implemented.\n12021008NOA_Notice of Amendment_04062021_(20-173092)_text Page 3 of 8\n\n\n\nCPF 1-2021-008-NOA\nTeavee’s written procedures for conducting operations, maintenance, and emergency preparedness and\nresponse activities under § 192.12(b)(2) were inadequate. Specifically, Teavee’s O&M Plan lacked\nsufficient details for the operation of underground natural gas storage fields regarding various\nrequirements of API RP1171, Section 10, Site Security and Safety, Site Inspections, and Emergency\nPreparedness and Response.\nDuring the inspection, the PHMSA representatives reviewed the Teavee’s O&M Plan. The plan included\nsections addressing Underground Natural Gas Storage Facilities, Risk Assessment, Storage Field Map,\nStructure Map, Well Inspections, and the Emergency Response Plan.\nThe following elements of the plan that were inadequate:\nSite Security and Safety\n1. According to API RP 1171, Section 10.6.1, there are four specific topics that must be addressed in an\nemergency preparedness/response plan: accidental releases, equipment failures, natural disasters, and\nthird-party emergencies. The Plan fails to address equipment failure and third-party emergencies. (API\nRP 1171, Section 10.6.1)\n2. The O&M Plan, Section 37 addresses training but does not provide enough specificity to establish a\nfrequency or minimum requirements for personnel. (API RP 1171, Section 10.6.2)\n3. Although the O&M Plan does address an annual review of the emergency plan which precedes the\nsection for the Blowout Contingency Plan, the master plan does not address the frequency of a periodic\nreview of the Blowout Contingency Plan. (API RP 1171, Section 10.6.3)\n4. The O&M Plan does not specifically cover review/evaluation of the emergency response processes\nfor effectiveness on a periodic basis. (API RP 1171, Section 11.4.2)\nTherefore, Teavee’s O&M Plan was inadequate regarding various requirements found within API\nRP1171, Section 10. Teavee must revise its O&M Plan to address the deficiencies outlined above.\n4. § 192.12 Underground natural gas storage facilities.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare and\nfollow for each facility one or more manuals of written procedures for\nconducting operations, maintenance, and emergency preparedness and\nresponse activities under paragraphs (a) and (b) of this section. Each operator\nmust keep records necessary to administer such procedures and review and\nupdate these manuals at intervals not exceeding 15 months, but at least once\neach calendar year. Each operator must keep the appropriate parts of these\nmanuals accessible at locations where UNGSF work is being performed. Each\noperator must have written procedures in place before commencing\noperations or beginning an activity not yet implemented.\nTeavee’s written procedures for conducting operations, maintenance, and emergency preparedness and\nresponse activities under § 192.12(b)(2) were inadequate. Specifically, Teavee’s O&M Plan lacked\nsufficient details for the operation of underground natural gas storage fields regarding various\nrequirements of API RP1171, Section 11.\n12021008NOA_Notice of Amendment_04062021_(20-173092)_text Page 4 of 8\n\n\n\nCPF 1-2021-008-NOA\nDuring the inspection, the PHMSA inspection team reviewed the Teavee’s O&M Plan. The plan included\nsections addressing Underground Natural Gas Storage Facilities, Risk Assessment, Storage Field Map,\nStructure Map, Well Inspections, and the Emergency Response Plan.\nThe inspection team identified the following elements of the plan that were inadequate:\nProcedures and Training\n1. Teavee's O&M Plan, Section 35.5, lists a general framework but does not specify detailed procedures\nfor construction, operation, and maintenance to establish and maintain functional integrity of the wells\nand reservoirs. (API RP 1171, Section 11.2.1)\n2. The O&M Plan presents a basic framework of operation and maintenance activities, but not all the\nwork activities performed by Teavee personnel, or those to be performed by contractors, are covered by\nthe written procedures. (API RP 1171, Section 11.3.2)\n3. There is no procedure that describes the incorporation of these safeguards. For example, Teavee does\nnot specify the use of a Job Safety Analysis form, or other type of form, to incorporate safeguards for\nenvironmental, safety, and health considerations in O&M activities. (API RP 1171, Section 11.9.1)\n4. The O&M Plan, Section 37.6, Management of Change, presents a framework but does not include a\ndetailed process for implementing changes in a controlled manner. (API RP 1171, Section 11.11.1)\n5. The O&M Plan, Section 37.6, Management of Change, presents a framework but does not include a\ndetailed process for changing procedures before the change is implemented. (API RP 1171, Section\n11.11.1)\n6. There is no process that details how operating personnel are to be notified of changes to operating\nprocedures. (API RP 1171, Section 11.12.2)\n7. There is no process requiring training of personnel whenever the operating procedures are changed.\n(API RP 1171, Section 11.12.2 and Section 11.13.2)\n8. The O&M Plan does not include a list of the documents referenced in API RP1171, Section 11. (API\nRP 1171, Section 11.13.1)\n9. Teavee has not compiled a list of the documents referenced in API RP1171, Section 11, and has not\nestablished a written retention policy for the comprehensive set of records. (API RP 1171, Section\n11.13.3)\nTherefore, Teavee’s O&M Plan was inadequate regarding various requirements found within API\nRP1171, Section 11. Teavee must revise its O&M Plan to address the deficiencies outlined above.\n5. § 192.12 Underground natural gas storage facilities.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare and\nfollow for each facility one or more manuals of written procedures for\nconducting operations, maintenance, and emergency preparedness and\nresponse activities under paragraphs (a) and (b) of this section. Each operator\nmust keep records necessary to administer such procedures and review and\nupdate these manuals at intervals not exceeding 15 months, but at least once\neach calendar year. Each operator must keep the appropriate parts of these\nmanuals accessible at locations where UNGSF work is being performed. Each\n12021008NOA_Notice of Amendment_04062021_(20-173092)_text Page 5 of 8\n\n\n\nCPF 1-2021-008-NOA\noperator must have written procedures in place before commencing\noperations or beginning an activity not yet implemented.\nTeavee’s written procedures for conducting operations, maintenance, and emergency preparedness and\nresponse activities were inadequate. Specifically, Teavee’s O&M Plan lacked sufficient details for the\noperation of underground natural gas storage fields regarding drug and alcohol plans.\nDuring the inspection, the inspectors reviewed Teavee’s O&M Plan. The plan included sections\naddressing Underground Natural Gas Storage Facilities, Risk Assessment, Storage Field Map, Structure\nMap, Well Inspections, and the Emergency Response Plan.\nTeavee's O&M Plan does not reference a Drug and Alcohol Testing Plan that is compliant with Part 199.\nIndividuals who may work in the underground natural gas storage program, including company and\ncontractor personnel, are not referenced in the Drug and Alcohol Plan.\nTherefore, Teavee’s written procedures were inadequate. Teavee must revise its O&M Plan to incorporate\na Part 199 compliant Drug and Alcohol Plan and affirm its applicability to underground natural gas storage\npersonnel.\n6. § 192.12 Underground natural gas storage facilities.\n(a) …\n(d) Integrity management program—\n(1) …\n(4) Integrity management procedures and recordkeeping. Each UNGSF\noperator must establish and follow written procedures to carry out its integrity\nmanagement program under API RP 1171 (incorporated by reference, see §\n192.7), section 8 (\"Risk Management for Gas Storage Operations\"), and this\nparagraph (d). The operator must also maintain, for the useful life of the\nUNGSF, records that demonstrate compliance with the requirements of this\nparagraph (d). This includes records developed and used in support of any\nidentification, calculation, amendment, modification, justification, deviation,\nand determination made, and any action taken to implement and evaluate any\nintegrity management program element.\nTeavee’s written procedures for carrying out its integrity management program under API RP 1171,\nSection 8 were inadequate. Specifically, Teavee’s O&M Plan, undated, lacked sufficient details for the\noperation of underground natural gas storage fields regarding risk management and integrity monitoring\nin accordance with API RP 1171, Section 8.\nDuring the inspection, the PHMSA inspection team reviewed Teavee’s O&M Plan, which included\naspects addressing API RP1171, Section 8 Risk Management of Gas Storage Operations. The inspection\nteam identified the following elements of the integrity management plan that were of concern:\nRisk Management for Storage Operations\n1. The O&M Plan did not include any procedures on threat interaction. (API RP 1171, Section 8.3.2)\n2. During the inspection, the PHMSA team discussed the importance of weighting factors in the risk\n12021008NOA_Notice of Amendment_04062021_(20-173092)_text Page 6 of 8\n\n\n\nCPF 1-2021-008-NOA\nanalysis, related to the probability and consequence components of the equation. The process should be\nmore detailed and include appropriate weighting factors to be used in the calculation. (API RP 1171,\nSection 8.4.2)\n3. The O&M Plan did not explain or define the risk factors that the operator uses to assess risk in a\nconsistent manner and with a consistent methodology. (API RP 1171, Section 8.5.2)\n4. The Teavee compliance staff indicated that a periodic review is performed (annually); however, the\nO&M Plan did not explicitly require this review. (API RP 1171, Section 8.5.2)\n5. The O&M Plan did not identify appropriate preventive and mitigative measures, and cite an\nassociated record or form for implementation of these measures, to address identified threats. (API RP\n1171, Section 8.6.2)\n6. The O&M Plan did not specify or describe a continual review and improvement cycle. (API RP 1171,\nSection 8.7.1)\nTherefore, Teavee’s written procedures required by 192.12(d)(4) were inadequate. Teavee must revise its\nO&M Plan to address the deficiencies listed above.\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 part of\nthis Notice is a document entitled Response Options for Pipeline Operators in Enforcement Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you submit in\nresponse to this enforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with\nthe complete original document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised procedures,\nor a request for a hearing under §190.211. If you do not respond within 30 days of receipt of this Notice,\nthis constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and\nto issue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R.\n§ 190.206). If you are not contesting this Notice, we propose that you submit your amended procedures\nto my office within 30 days of receipt of this Notice. This period may be extended by written request for\ngood cause. Once the inadequacies identified herein have been addressed in your amended procedures,\nthis enforcement action will be closed.\nIt is requested (not mandated) that Teavee Oil & Gas Inc maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and Hazardous\nMaterials Safety Administration, 840 Bear Tavern Road, Suite 300, West Trenton, NJ 08628. In\ncorrespondence concerning this matter, please refer to CPF 1-2021-008-NOA and, for each document\nyou submit, please provide a copy in electronic format whenever possible. Smaller files may be emailed\n12021008NOA_Notice of Amendment_04062021_(20-173092)_text Page 7 of 8\n\n\n\nCPF 1-2021-008-NOA\nto robert.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\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n12021008NOA_Notice of Amendment_04062021_(20-173092)_text Page 8 of 8","truncated":false,"body_characters":22724}