{"operation":"document","citation":"CPF 12021031WL","title":"ENABLE GAS TRANSMISSION, LLC — 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-12021031wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021031wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021031wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12021031WL","body":"Warning Letter involving ENABLE GAS TRANSMISSION, LLC. 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\n12021031WL_Warning Letter_03252021_(20-173596).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021031WL/12021031WL_Warning%20Letter_03252021_(20-173596).pdf\n\n12021031WL_Warning Letter_03252021_(20-173596)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021031WL/12021031WL_Warning%20Letter_03252021_(20-173596)_text.pdf\n\n12021031WL_Warning Letter_03252021_(20-173596)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMarch 25, 2021\nMr. Cary Watson\nVice President Technical Services\nEnable Gas Transmission, LLC\n499 W. Sheridan Ave., Suite 1500\nOklahoma City, OK 73102\nCPF 1-2021-031-WL\nDear Mr. Watson:\nOn November 4, 5, and 18, 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 Enable\nGas Transmission, LLC’s (EGT) Ruston underground natural gas storage facility in Lincoln County,\nLouisiana.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the probable\nviolation is:\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 aquifer\nreservoir for natural gas storage and was constructed on or before July 18,\n2017, must meet the provisions of API RP 1171 (incorporated by reference, see\n§ 192.7), sections 8, 9, 10, and 11, and paragraph (c) of this section, by January\n18, 2018, and must meet all provisions of paragraph (d) of this section by\nMarch 13, 2021.\nEGT failed to meet the provisions of API RP 1171, Section 8. Specifically, EGT did not properly evaluate\nthe potential threats and hazards impacting storage wells in accordance with API RP 1171, Section 8.4.2\n(Section 8.4.2).\n\n\n\nCPF 1-2021-031-WL\nSection 8.4.2 states in part:\nThe operator shall evaluate the potential threats and hazards impacting storage wells and reservoirs.\nThe operator should refer to the list of common threats and hazards in Table 1 and may supplement\nthe list in Table 1 with other hazards or threats identified by site-specific assessments.\nDuring the well site inspection, it was noted that a very large tree had recently fallen approximately 150\nfeet from a storage well location at Enable Mississippi River Transmission, LLC’s East Unionville storage\nfield. EGT reported that falling trees were not included as a threat or hazard impacting its storage wells,\neven though multiple well locations at EGT’s Ruston storage field had large trees within falling distance\nof the wellheads.\nTherefore, EGT failed to meet the provisions of Section 8.4.2.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed $222,504\nper violation per day the violation persists, up to a maximum of $2,225,034 for a related series of\nviolations. For violation occurring on or after July 31, 2019 and before January 11, 2021, the maximum\npenalty may not exceed $218,647 per violation per day the violation persists, up to a maximum of\n$2,186,465 for a related series of violations. For violation occurring on or after November 27, 2018 and\nbefore July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and\nbefore November 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the item identified in this letter. Failure to do so will result in Enable Gas Transmission,\nLLC being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 1-\n2021-031-WL. Be advised that all material you submit in response to this enforcement action is subject\nto being made 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 treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n12021031WL_Warning Letter_03252021_(20-173596)_text Page 2 of 2","truncated":false,"body_characters":5128}