{"operation":"document","citation":"CPF 12021019NOA","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":"2021-04-23","effective_on":null,"summary":"CLOSED notice of amendment citing 192.805(a), 192.805(b), 192.805(c), 192.805(g), 192.805(h), 192.911(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021019noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021019noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021019noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12021019NOA","body":"Notice of Amendment involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulations as 192.805(a),  192.805(b),  192.805(c),  192.805(g),  192.805(h),  192.911(d). The case was opened on 2021-04-23 and is reported as closed as of 2021-08-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12021019NOA_Closure Letter_08242021_(20-171889).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021019NOA/12021019NOA_Closure%20Letter_08242021_(20-171889).pdf\n\n12021019NOA_Closure Letter_08242021_(20-171889)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021019NOA/12021019NOA_Closure%20Letter_08242021_(20-171889)_text.pdf\n\n12021019NOA_Notice of Amendment_04232021_(20-171889).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021019NOA/12021019NOA_Notice%20of%20Amendment_04232021_(20-171889).pdf\n\n12021019NOA_Notice of Amendment_04232021_(20-171889)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021019NOA/12021019NOA_Notice%20of%20Amendment_04232021_(20-171889)_text.pdf\n\n12021019NOA_Operator Response to Notice_05212021_(20-171889).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021019NOA/12021019NOA_Operator%20Response%20to%20Notice_05212021_(20-171889).pdf\n\n12021019NOA_Closure Letter_08242021_(20-171889)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nAugust 24, 2021\nMr. Matt Lamb\nVice President, Eastern Pipeline Operations\nEastern Gas Transmission and Storage, Inc.\n925 White Oaks Boulevard\nBridgeport, WV 26330\nCPF 1-2021-019-NOA\nDear Mr. Lamb:\nFrom February 24 - 28, 2020, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nDominion Energy Transmission, Inc.’s procedures for Operator Qualification (OQ) at your office\nlocated in Bridgeport, West Virginia. Subsequently, on November 1, 2020, Dominion Energy\nTransmission, Inc., OPID 2714, was acquired by Berkshire Hathaway Energy, a subsidiary of\nBerkshire Hathaway, Inc. Additionally, the name of OPID 2714 was changed to Eastern Gas\nTransmission and Storage, Inc., referred to hereinafter as EGTSI. EGTSI is utilizing the existing\nOQ procedures of Dominion Energy Transmission, Inc. As a result of the inspection, EGTSI was\nissued a Notice of Amendment on April 23, 2021, which proposed amendment of your procedures.\nEGTSI submitted its amended procedures on May 21, 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\n12021019NOA_Notice of Amendment_04232021_(20-171889)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nApril 23, 2021\nMr. Matt Lamb\nVice President, Eastern Pipeline Operations\nEastern Gas Transmission and Storage, Inc.\n925 White Oaks Boulevard\nBridgeport, WV 26330\nCPF 1-2021-019-NOA\nDear Mr. Lamb:\nFrom February 24 - 28, 2020, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nDominion Energy Transmission, Inc.’s procedures for Operator Qualification (OQ) at your office\nlocated in Bridgeport, West Virginia.\nSubsequently, on November 1, 2020, Dominion Energy Transmission, Inc., OPID 2714, was\nacquired by Berkshire Hathaway Energy, a subsidiary of Berkshire Hathaway, Inc. Additionally,\nthe name of OPID 2714 was changed to Eastern Gas Transmission and Storage, Inc., referred to\nhereinafter as EGTSI. EGTSI is utilizing the existing OQ procedures of Dominion Energy\nTransmission, Inc.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nEGTSI’s plans or procedures, as described below:\n1. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification\nprogram. The program shall include provisions to:\n(a) Identify covered tasks; …\n\n\n\nCPF 1-2021-019-NOA\nEGTSI’s written qualification program was inadequate because it did not identify a specific\ncovered task. Specifically, EGTSI’s D.O.T. Operator Qualification Compliance Plan, Revision\nDate: 12/11/181 (OQ Compliance Plan) did not contain a covered task that involved an individual\nusing digital radiography to detect internal corrosion as an integral part of its short pipe assessment\noutlined in its integrity management program.\nDuring the inspection, a PHMSA inspector reviewed EGTSI’s written process for direct\nassessment that involved using digital radiography, a method of nondestructive testing, to detect\ninternal corrosion on a covered segment which was titled, Short Pipe Direct Examination for\nInternal Corrosion, Revision Date: 02/07/2012 (Short Pipe). Pursuant to Short Pipe Subsection\n5.8 Radiographic Methods, digital radiography may be used to detect internal corrosion on the\npipe segment. EGTSI (at the time Dominion) later explained via e-mail that digital radiography\ncan be used as a screening mechanism to inspect for internal corrosion during short pipe\nassessments, and if the digital radiography detects internal corrosion then ultrasonic thickness\ntesting must be used to measure the depth of internal corrosion.\nAt prior inspections, EGTSI identified short pipe segments that were in high consequence areas\nand which had internal corrosion as a threat to its pipeline integrity. Hence, EGTSI included these\nshort pipe segments in its integrity management program. EGTSI explained that it had an\nindividual use digital radiography to inspect its pipe for internal corrosion during a short pipe direct\nassessment. The following records revealed an individual had performed a nondestructive test\nusing digital radiography inspection:\n1. Direct Examination Data Collection Form, LN-30, Dated 6/26/14\nSection B. Integrity Dig Site Inspection Report\n(4) NDT and Inspection Results\nMethod of inspection: Computerized Radiography\n• Non-Destructive Examination Report dated 07/01/2014\n2. Direct Examination Data Collection Form, TL 469 BR2, Dated 4/13/15\nSection B. Integrity Dig Site Inspection Report\n(4) NDT and Inspection Results\nMethod of inspection: Blank\n• Non-Destructive Examination Report dated 04/14/2015\nThe PHMSA inspector requested EGTSI to provide Operator Qualification (OQ) records for those\nindividuals who conducted or observed the digital radiography inspection. EGTSI stated that it did\nnot consider digital radiography to be a covered task and had no OQ records that included digital\nradiography for those individuals. Consequently, EGTSI had not identified a covered task that\nincluded digital radiography.\n1 The document provided to PHMSA contained a revision date of 12/11/18, but EGTSI clarified during and after the\ninspection that the actual revision date of the version reviewed was 12/31/19.\n12021019NOA_Notice of Amendment_04232021_(20-171889)_text Page 2 of 9\n\n\n\nCPF 1-2021-019-NOA\nThe PHMSA inspector requested EGTSI to provide an analysis of the work activities which\nincluded using digital radiography to detect corrosion on its pipeline during a direct assessment\nunder integrity management. EGTSI responded that its corrosion team determined that using\ndigital radiography did not meet the four-part test. Subsequently, the PHMSA inspector requested\nEGTSI to provide documentation to show its corrosion control team or other individual(s) decision\nto not include digital radiography as a covered task or part of a covered task in the OQ Compliance\nPlan. In response, EGTSI merely stated that it does not consider digital radiography to be a covered\ntask. Nonetheless, EGTSI decided to utilize digital radiography as an integral part of its direct\nassessment for internal corrosion.\nAs defined in § 192.801(b), a covered task is an activity that:\n(1) is performed on a pipeline facility: based on the information provided by EGTSI, yes, an\nindividual performed an activity of digital radiography on a pipeline facility;\n(2) is an operations or maintenance task: based on the information provided by EGTSI, yes,\nan individual performed this activity during pipeline operation and maintenance task to detect\ninternal corrosion under integrity management;\n(3) is performed as a requirement of Part 192: based on the information provided by EGTSI,\nyes, this activity was conducted in accordance with requirements of Subpart O; and\n(4) affects the operation or integrity of the pipeline: based on the information provided by\nEGTSI, if this activity was performed inadequately it would create incorrect results which\nwould affect the operation or integrity of the pipeline. For instance, an inaccurate image or\nmisinterpretation of an image of internal corrosion would prevent further assessment to be\ncomplete for it is used as a screening mechanism.\nThus, EGTSI’s use of digital radiography inspection is a covered task.\nTherefore, EGTSI’s written qualification program was inadequate because it did not identify a\nspecific covered task in accordance with § 192.805(a). EGTSI must amend its OQ Compliance\nProgram to include digital radiography inspection.\n2. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification\nprogram. The program will include provisions to:\n(a) Identify covered tasks; …\nEGTSI’s written qualification program was inadequate. Specifically, EGTSI’s OQ Compliance\nPlan failed to include certain procedures and documents that EGTSI actively uses as part of their\nOQ program.\nDuring the inspection, EGTSI presented a form to PHMSA entitled \"Operator Qualification Task:\nNew/Revise/Retire”, revision date January 8, 2020 (Form). EGTSI indicated that this 6-page form\nis used to document new, revised, or retired covered tasks. Neither the Form nor any guidance for\nits use were included in EGTSI’s OQ Compliance Plan.\nTherefore, EGTSI’s OQ Compliance Plan was inadequate. EGTSI must revise its OQ Compliance\n12021019NOA_Notice of Amendment_04232021_(20-171889)_text Page 3 of 9\n\n\n\nCPF 1-2021-019-NOA\nPlan to include its Form and details on the process followed for its use.\n3. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification\nprogram. The program will include provisions to:\n(a) …\n(b) Ensure through evaluation that individuals performing covered\ntasks are qualified; …\nEGTSI’s written qualification program was inadequate. Specifically, EGTSI’s OQ Compliance\nPlan did not contain evaluation methods for a covered task. In addition, EGTSI’s OQ Compliance\nPlan did not contain a detailed, written evaluation method process for qualifying an individual to\nperform a covered task.\nThe following deficiencies were noted during the inspection:\n1. On February 27, 2020, EGTSI presented a document titled DTI Qual and Requalification\nMethods as of 11/14/2019 (OQ Methods) which listed its evaluation method(s) for qualifying\nan individual to perform a covered task. This document was not referenced in its OQ\nCompliance Plan. EGTSI had no other document to demonstrate it determined the evaluation\nmethod(s) for each covered task. Consequently, EGTSI’s OQ Compliance Plan did not include\nevaluation method(s) for each covered task for initial qualification and subsequent\nqualification.\n2. EGTSI’s OQ Compliance Plan, Section 4, Evaluation of Qualifications indicated that an\nindividual may be evaluated by observation during on the job performance only. However, this\nis not consistent with § 192.809(e) which states that an observation of on-the-job performance\nmay not be used as the sole method of evaluation after December 16, 2004. EGTSI did not\nproduce a written process that prohibited the use of observation of on-the-job performance as\na sole evaluation method.\n3. EGTSI’s OQ Compliance Plan did not have an evaluation criteria to ensure an individual\nis qualified to perform a covered task. Pursuant to § 192.803, “qualified” means individuals\ncan (a) perform the assigned covered tasks; and (b) recognize and react to abnormal operating\nconditions (AOCs). Therefore, an evaluation must ensure that an individual possesses\nknowledge, skills, and abilities to perform the assigned covered task and to recognize and react\nto AOCs.\nFor example, both EGTSI’s SOP 390/01 Valve Inspection and Maintenance / Transmission,\nStorage, and Jurisdictional Gathering Pipelines, Revision Date: 08/01/2019 and OQ-071-GL\nInspecting Maintaining & Lubricating, Revision Date: 08/29/2014 (OQ-071-GL) stated that\nan individual must operate a valve. However, EGTSI’s OQ Compliance Plan did not contain\nthe evaluation method(s) used to assess an individual's abilities to properly perform the covered\ntask. Based on EGTSI’s OQ Methods for covered task OQ-071-GL, initial qualification\nmethods would be either a class or hands-on OQ or a learning management system (LMS)2\n,\nand the requalification method was only LMS. Thus, EGTSI’s OQ Compliance Plan and OQ\n2 LMS is a computer-based operating system used for training functions.\n12021019NOA_Notice of Amendment_04232021_(20-171889)_text Page 4 of 9\n\n\n\nCPF 1-2021-019-NOA\nMethods allows an individual to take an initial on-line test in LMS and a subsequent on-line\ntest only. The LMS and on-line test would not be able to ascertain an individual’s ability to\noperate a manual valve. Consequently, as written, an individual would not be assessed for\ntheir physical ability to perform that covered task.\nIn addition, EGTSI’s on-line test for covered task OQ-071-GL did not contain an evaluation\nto determine whether an individual can recognize and react to specific AOCs that may occur\nwhen performing that covered task. EGTSI’s on-line test did not cover AOCs for inspecting,\nmaintaining, and lubricating valve. Consequently, an individual will not be evaluated for task\nspecific AOCs if an on-line test is taken.\n4. EGTSI stated that an individual can take the online test anywhere and anytime on their\ncompany's laptop. However, EGTSI did not have a written process to ensure no one other than\nthe individual to be qualified is taking the test or no other individual provides the answers to\nthe individual to be qualified while taking the test.\nTherefore, EGTSI’s OQ Compliance Plan failed to include provisions that ensure through\nevaluation that individuals performing covered tasks are qualified as prescribed in § 192.805(b).\nAs such, EGTSI must amend its OQ Compliance Plan to include evaluation method(s) for each\ncovered task for initial qualification and subsequent qualification. Also, EGTSI’s OQ Compliance\nPlan must ensure no individual can be evaluated solely by “observation during performance on the\njob.” In addition, EGTSI’s OQ Compliance Plan must have an evaluation criteria to ensure an\nindividual performing a covered task is qualified. Furthermore, EGTSI’s OQ Compliance Plan\nmust ensure each covered task evaluation method includes an evaluation on task specific AOCs,\nand have a process to ensure individuals will be the only one taking the on-line test.\n4. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification\nprogram. The program will include provisions to:\n(a) …\n(b) Ensure through evaluation that individuals performing covered\ntasks are qualified; …\nEGTSI’s written qualification program was inadequate. Specifically, EGTSI’s OQ Compliance\nPlan failed to include certain procedures and documents that EGTSI actively uses as part of their\nOQ program.\nDuring the inspection, PHMSA reviewed and noted several individual’s OQ qualification records\nindicating “equivalent” under the recorded “Qualification Method”. EGTSI’s OQ Compliance\nPlan did not include a process for using “equivalent’ courses for granting OQ credit. EGTSI\nprovided a spreadsheet reflecting which OQ courses are granted as equivalent credit for other OQ\ncourses, but it is unclear how this is used as it is not included in their OQ Compliance Plan.\n12021019NOA_Notice of Amendment_04232021_(20-171889)_text Page 5 of 9\n\n\n\nCPF 1-2021-019-NOA\nTherefore, EGTSI’s OQ Compliance Plan were inadequate. EGTSI must revise its OQ Compliance\nPlan to include the list of “equivalent courses” and details of its process of granting qualifications\nusing equivalent OQ credit.\n5. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification\nprogram. The program will include provisions to:\n(a) …\n(c) Allow individuals that are not qualified pursuant to this subpart\nto perform a covered task if directed and observed by an individual\nthat is qualified; …\nEGTSI’s written qualification program was inadequate because it failed to include provisions to\nallow individuals that are not qualified pursuant to this subpart to perform a covered task if directed\nand observed by an individual that is qualified. Specifically, EGTSI’s OQ Compliance Plan did\nnot define under what condition(s) a qualified person would direct and observe one or more\nunqualified persons.\nEGTSI’s OQ Compliance Plan, Section 5. Non-Qualified Individuals Performing Covered Tasks,\nreferenced a document titled OQ and IMP Tasks by Category. The OQ and IMP Tasks by Category\nas of 1/8/2020 listed a span of control ratio for each covered task. The PHMSA inspector requested\nEGTSI to produce its criteria in determining the number of qualified individual(s) to non-qualified\nindividual(s) who can safely perform a covered task under their direction and observation (known\nas span of control). EGTSI stated that it did not establish criteria to determine the span of control.\nThus, the written process for allowing unqualified individuals to perform covered tasks while\nbeing directed and observed by a qualified individual was inadequate.\nTherefore, EGTSI’s OQ Compliance Plan was inadequate for it failed to include adequate\nprovisions for allowing individuals that are not qualified pursuant to this subpart to perform a\ncovered task if directed and observed by an individual that is qualified in accordance with §\n192.805(c). EGTSI must amend its OQ Compliance Plan to include more details on determining\nspan of control.\n6. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification\nprogram. The program will include provisions to:\n(a) …\n(g) Identify those covered tasks and the intervals at which\nevaluation of the individual's qualifications is needed; …\nEGTSI’s written qualification program was inadequate because it failed to include a provision to\nidentify those covered tasks and the intervals at which evaluation of an individual's qualifications\nis needed.\nEGTSI’s OQ Compliance Plan, Section 9, Qualification Evaluation and Intervals did not describe\nthe number of times an individual can be re-evaluated before their qualification is revoked or a\n12021019NOA_Notice of Amendment_04232021_(20-171889)_text Page 6 of 9\n\n\n\nCPF 1-2021-019-NOA\nminimum timeframe for re-evaluation once an individual did not pass or complete an evaluation\nfor a covered task. In addition, EGTSI’s OQ Compliance Plan, Section 9 Qualification Evaluation\nand Intervals did not define when a qualification has expired. It mentioned that each of its covered\ntasks has a requalification interval and a grace period of three months, but it is unclear when the\nqualification has become invalid and re-evaluation of the individual’s qualification is needed.\nTherefore, EGTSI’s OQ Compliance Plan was inadequate because it failed to include a provision\nto identify those covered tasks and its intervals at which evaluation of the individual's\nqualifications are is needed in accordance with § 192.805(g). EGTSI must amend its OQ\nCompliance Plan to include more details on the its qualification process.\n7. § 192.805 Qualification program.\nEach operator shall have and follow a written qualification\nprogram. The program will include provisions to:\n(a) …\n(h) After December 16, 2004, provide training, as appropriate, to\nensure that individuals performing covered tasks have the necessary\nknowledge and skills to perform the tasks in a manner that ensures the\nsafe operation of pipeline facilities; and …\nEGTSI’s written qualification program was inadequate because it failed to fully address training\nrequirements, as appropriate, to ensure that individual performing covered tasks have the necessary\nknowledge and skills to perform the tasks in a manner that ensures the safe operation of pipeline\nfacilities.\nEGTSI’s OQ Compliance Plan vaguely mentioned training for individuals whose performance of\na covered task was determined to have contributed to an incident or accident. The OQ Compliance\nPlan, Section 6, Performance of a Covered Task Contributing to an Incident or Accident, indicated\nthat an evaluation would be done to determine whether an individual should receive training, but\nthere was no additional information on method, content, or time frame. Thus, the written process\nto determine when training is “appropriate” was inadequate.\nDuring this inspection, EGTSI stated that there were PowerPoint slides before the on-line test for\ncovered tasks which provided training to individuals. This information was not included in\nEGTSI’s OQ Compliance Plan. DETI Qual and Requalification Methods, as of 11/14/2019\ndescribed that an individual can be evaluated using other methods beside on-line evaluation, in\nwhich case an individual would not be trained if he or she did not take an on-line evaluation. In\naddition, EGTSI’s OQ Compliance Program had no instructions on minimum passing grade or\ncompletion for training. Furthermore, EGTSI’s OQ Compliance Plan did not define the\nrequirements for initial training and new hires. Thus, the written process for providing training per\n§ 192.805(h) lacked sufficient detail.\n12021019NOA_Notice of Amendment_04232021_(20-171889)_text Page 7 of 9\n\n\n\nCPF 1-2021-019-NOA\nTherefore, EGTSI’s OQ Program was inadequate for it failed to ensure that individual performing\ncovered tasks have the necessary knowledge and skills to perform the tasks in a manner that\nensures the safe operation of pipeline facilities in accordance with § 192.805(h). EGTSI must\namend its OQ Compliance Plan to include more details on training requirements.\n8. § 192.911 What are the elements of an integrity management program?\nAn operator's initial integrity management program begins with a\nframework (see §192.907) and evolves into a more detailed and\ncomprehensive integrity management program, as information is\ngained and incorporated into the program. An operator must make\ncontinual improvements to its program. The initial program\nframework and subsequent program must, at minimum, contain the\nfollowing elements. (When indicated, refer to ASME/ANSI B31.8S\n(incorporated by reference, see §192.7) for more detailed information\non the listed element.)\n(a) …\n(d) A direct assessment plan, if applicable, meeting the\nrequirements of §192.923, and depending on the threat assessed, of\n§§192.925, 192.927, or 192.929.\nEGTSI’s integrity management program was inadequate because it did not contain a detailed direct\nassessment plan in accordance with § 192.927. Specifically, EGTSI’s Integrity Management\nProgram Gas Transmission Pipeline, Revision Date: 09/01/2014 (IMP) did not contain a detailed\ndirect assessment plan addressing how digital radiography is employed when used to detect\ninternal corrosion.\nDuring the inspection, a PHMSA inspector reviewed EGTSI’s written process for direct\nassessment that involved using digital radiography to detect internal corrosion, which was titled\nShort Pipe Direct Examination for Internal Corrosion, Revision Date: 02/07/2012 (Short Pipe).\nPursuant to Short Pipe Subsection 5.8 Radiographic Methods, digital radiography detects\ncorrosion, but may not be used without other techniques. EGTSI later explained via e-mail that\ndigital radiography can be used as a screening mechanism to inspect for internal corrosion during\nshort pipe assessments, and if the digital radiography detects internal corrosion then ultrasonic\nthickness testing must be used to measure the depth of internal corrosion. However, there was no\nreference to ultrasonic thickness testing as a required next action when corrosion was detected by\ndigital radiography inspection in the written process. Subsection 5.8, Radiographic Methods, also\ndid not delineate the methodology to conduct a digital radiography inspection. For example, there\nwas neither information on an industry standard to apply and interpret digital radiography images\nnor was there criteria to determine when to use an ultrasonic thickness testing.\nTherefore, EGTSI’s IMP did not contain a detailed direct assessment plan in accordance with\n§ 192.927. EGTSI’s must amend its IMP to reflect and include more details on the actual direct\nassessment process of applying digital radiography during its short pipe direct examination for\ninternal corrosion.\n12021019NOA_Notice of Amendment_04232021_(20-171889)_text Page 8 of 9\n\n\n\nCPF 1-2021-019-NOA\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\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 Eastern Gas Transmission and Storage, Inc maintain\ndocumentation of the safety improvement costs associated with fulfilling this Notice of\nAmendment (preparation/revision of plans, procedures) and submit the total to Robert Burrough,\nDirector, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300, West Trenton, NJ 08628.\nPlease refer to CPF 1-2021-019-NOA on each document you submit, and whenever possible\nprovide 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\noriginal paper copy to the Eastern Region 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\n12021019NOA_Notice of Amendment_04232021_(20-171889)_text Page 9 of 9","truncated":false,"body_characters":27954}