{"operation":"document","citation":"CPF 12021044NOA","title":"FORE RIVER ENERGY CENTER — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-06-03","effective_on":null,"summary":"CLOSED notice of amendment citing 195.202, 195.402(c)(13), 195.402(c)(3), 195.402(c)(5), 195.402(c)(7), 195.402(d)(2), 195.402(d)(3), 195.402(d)(4), 195.402(d)(5), 195.402(e)(6), 195.402(f).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021044noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021044noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021044noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12021044NOA","body":"Notice of Amendment involving FORE RIVER ENERGY CENTER. PHMSA's enforcement data identifies the cited regulations as 195.202,  195.402(c)(13),  195.402(c)(3),  195.402(c)(5),  195.402(c)(7),  195.402(d)(2),  195.402(d)(3),  195.402(d)(4),  195.402(d)(5),  195.402(e)(6),  195.402(f). The case was opened on 2021-06-03 and is reported as closed as of 2021-10-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12021044NOA_Closure Letter_10072021_(20-172057).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021044NOA/12021044NOA_Closure%20Letter_10072021_(20-172057).pdf\n\n12021044NOA_Closure Letter_10072021_(20-172057)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021044NOA/12021044NOA_Closure%20Letter_10072021_(20-172057)_text.pdf\n\n12021044NOA_Notice of Amendment_06032021_(20-172057).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021044NOA/12021044NOA_Notice%20of%20Amendment_06032021_(20-172057).pdf\n\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021044NOA/12021044NOA_Notice%20of%20Amendment_06032021_(20-172057)_text.pdf\n\n12021044NOA_Operator Response to Notice_07202021_(20-172057).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021044NOA/12021044NOA_Operator%20Response%20to%20Notice_07202021_(20-172057).pdf\n\n12021044NOA_Closure Letter_10072021_(20-172057)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nOctober 7, 2021\nMr. Charlie Gates\nExecutive Vice President of Power Operations\nFore River Energy Center\n9 Bridge Street\nWeymouth, Massachusetts 02191\nCPF 1-2021-044-NOA\nDear Mr. Gates:\nFrom February 22, 2021 through February 26, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Fore River Energy Center’s (FREC) procedures for the FREC pipeline in Weymouth,\nMassachusetts. As a result of the inspection, FREC was issued a Notice of Amendment (NOA)\non June 3, 2021, which proposed amendment of your procedures. FREC requested a time\nextension for its response on June 30, 2021. On July 1, 2021, PHMSA granted this time extension\nfor FREC to provide its written response by July 23, 2021. FREC submitted its amended\nprocedures on July 20, 2021. On August 23, 2021 PHMSA held a meeting to address its concerns\nwith FREC regarding the inadequacies identified in the amended procedures. FREC re-submitted\nits amended procedures on September 21, 2021. My staff reviewed the amended procedures, and\nit appears that the inadequacies outlined in this Notice of Amendment have been corrected.\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\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: charlie.gates@calpine.com\nJune 3, 2021\nMr. Charlie Gates\nExecutive Vice President of Power Operations\nFore River Energy Center\n9 Bridge Street\nWeymouth, Massachusetts 02191\nCPF 1-2021-044-NOA\nDear Mr. Gates:\nFrom February 22, 2021 through February 26, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Fore River Energy Center’s (FREC) procedures for the FREC pipeline in Weymouth,\nMassachusetts.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nFREC’s plans or procedures, as described below:\n1. § 195.202 Compliance with specifications or standards.\nEach pipeline system must be constructed in accordance with\ncomprehensive written specifications or standards that are consistent\nwith the requirements of this part.\nFREC’s written construction specifications or standards were inadequate. Specifically, FREC’s\nSection 500- Repair and Maintenance Practices (Maintenance Procedures) failed to require certain\ngirth welds to be nondestructively tested in accordance with § 195.234.\nSections 195.234(f) and (g) state:\n(f) When installing used pipe, 100 percent of the old girth welds must be nondestructively\ntested.\n(g) At pipeline tie-ins, including tie-ins of replacement sections, 100 percent of the girth welds\nmust be nondestructively tested.\n\n\n\nCPF 1-2021-044-NOA\nDuring the inspection, the PHMSA inspector requested FREC’s procedures regarding\nnondestructive testing of girth welds, and FREC provided its Maintenance Procedures. However,\nthe Maintenance Procedures failed to provide adequate guidance or a process requiring:\n When installing used pipe, 100% of the old girth welds must be nondestructively tested\n At pipeline tie-ins, including tie-ins of replacement sections, 100% of the girth welds must\nbe nondestructively tested\nWhen the PHMSA inspector asked if there were additional procedures or guidance related to\nnondestructive testing of welds, FREC stated, “[t]here are no further distinctions that meet these\ncriteria in the procedures.”\nTherefore, FREC failed to include details in written specifications or standards for nondestructive\ntesting in accordance with § 195.234(f) and (g), as required by § 195.202. FREC must revise its\nprocedures to include processes requiring certain girth welds to be nondestructively tested.\n2. § 195.202 Compliance with specifications or standards.\nEach pipeline system must be constructed in accordance with\ncomprehensive written specifications or standards that are consistent\nwith the requirements of this part.\nFREC’s written construction specifications or standards were inadequate. Specifically, FREC’s\nMaintenance Procedures failed to require each welder or welding operator be qualified in\naccordance with section 6, section 12, Appendix A or Appendix B of API Standard 1104, or section\nIX of the ASME Boiler and Pressure Vessel Code.\nDuring the inspection, the PHMSA inspector requested FREC’s procedures regarding welder\nqualifications. FREC provided its Maintenance Procedures. Section 503 of the Maintenance\nProcedures stated, “[a]ll welders performing repair work shall be qualified in accordance with the\nlatest DOT approved edition of API 1104. Except that a welder qualified under an earlier edition,\nthan the latest DOT approved edition, of API 1104 may weld but may not re-qualify under that\nearlier edition.”\nSection 195.222 (a) states:\nEach welder or welding operator must be qualified in accordance with section 6, section 12,\nAppendix A or Appendix B of API Std 1104 (incorporated by reference, see §195.3), or\nsection IX of the ASME Boiler and Pressure Vessel Code (ASME BPVC), (incorporated by\nreference, see §195.3) except that a welder or welding operator qualified under an earlier\nedition than listed in §195.3, may weld but may not requalify under that earlier edition.\nHowever, the Maintenance Procedures failed to provide details regarding what specific standard\nthat welder, or welding operators, must be qualified to. When the PHMSA inspector requested if\nthere were additional procedures or guidance related to welder qualifications, FREC stated,\n“[t]here are no further procedures and the current procedures do not specify the exact welder\nrequirements.”\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text Page 2 of 14\n\n\n\nCPF 1-2021-044-NOA\nTherefore, FREC failed to include details in its written specifications or standards for welder or\nwelding operator qualifications in accordance with § 195.222(a), as required by § 195.202. FREC\nmust revise its procedures to include details addressing this requirement.\n3. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) …\n(3) Operating, maintaining, and repairing the pipeline system in\naccordance with each of the requirements of this subpart and subpart\nH of this part.\nFREC’s procedures for maintenance and normal operations were inadequate. Specifically,\nFREC’s Section 200- Normal Operations (Normal Operations Procedure) failed to include\nadequate details for inspecting the right-of-way (ROW) surface conditions in accordance with the\nrequirements of § 195.412(a).\nSection 195.412(a) states:\nEach operator shall, at intervals not exceeding 3 weeks, but at least 26 times each calendar\nyear, inspect the surface conditions on or adjacent to each pipeline right-of-way. Methods of\ninspection include walking, driving, flying or other appropriate means of traversing the\nright-of-way.\nDuring the inspection, the PHMSA inspector requested FREC’s procedure regarding ROW\ninspections. FREC provided its Normal Operations Procedure. The Normal Operations\nProcedure, Section 206, stated in part:\nIt shall be the responsibility of the Plant Manager or designee, at intervals not\nexceeding three weeks but at least 26 times each calendar year, to have the surface\ncondition on and adjacent to the FREC pipeline right-of-way (ROW) inspected for\nthe portions that are buried east and west of the Fore River. It shall be the\nresponsibility of the Plant Manager or designee, to monitor the tunnel portion of\nthe pipeline between the headhouses for conditions via the following means:\n• Sump level alarms\n• Observation of tunnel water discharge\n• Hydrocarbon sensor/alarm in the tunnel.\n• Observation of casing pipe drain fluid.\nHowever, the Normal Operations Procedure failed to provide adequate details for the inspection\nof surface conditions on or adjacent to the entire length of the FREC ROW. For example, the\nNormal Operations Procedure discussed how the tunnel portion of the pipeline is monitored by\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text Page 3 of 14\n\n\n\nCPF 1-2021-044-NOA\nadditional means, however the measures do not include inspecting the surface conditions on or\nadjacent to its ROW.\nWhen the PHMSA inspector asked for additional information regarding the ROW inspection of\nthe tunnel portion of the pipeline, FREC stated, “[t]he tunnel portion of the pipeline requires a\nconfined space permit for entry and is inspected as needed, at no set interval.”\nTherefore, FREC failed to include adequate details in its written Procedures for the inspection of\nsurface conditions on or adjacent to the entire length of the FREC ROW in accordance with\n§ 195.412(a), as required by § 195.402(c)(3). FREC must revise its procedures to address this\nrequirement.\n4. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) …\n(3) Operating, maintaining, and repairing the pipeline system in\naccordance with each of the requirements of this subpart and subpart\nH of this part.\nFREC’s procedures for maintenance and normal operations were inadequate. Specifically,\nFREC’s Section 500- Repair and Maintenance Practices (Repair Procedures) failed to include\nadequate procedures for inspecting mainline valves in accordance with § 195.420(b).\nSection 195.420(b) states, “[e]ach operator shall, at intervals not exceeding 7 1∕2 months, but at\nleast twice each calendar year, inspect each mainline valve to determine that it is functioning\nproperly.”\nDuring the inspection, the PHMSA inspector requested FREC’s procedure regarding mainline\nvalve inspections. Section 524.1 of the Repair Procedure stated in part:\nEach mainline valve must be inspected twice each calendar year at intervals not to\nexceed 7.5 months, to determine that it is functioning properly. The inspection should\nbe documented, and a copy of this record is maintained at the FREC Office, where this\nrecord is retained for at least two years.\nHowever, the Repair Procedure failed to state that the inspection shall be documented, as “should”\nindicates documenting is suggested but not required.\nTherefore, FREC failed to include adequate details in its written procedures requiring mainline\nvalve inspections shall be documented in accordance with § 195.420(b), as required by\n§ 195.402(c)(3). FREC must revise its procedures to address this requirement.\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text Page 4 of 14\n\n\n\nCPF 1-2021-044-NOA\n5. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) …\n(3) Operating, maintaining, and repairing the pipeline system in\naccordance with each of the requirements of this subpart and subpart\nH of this part.\nFREC’s procedures for maintenance and normal operations were inadequate. Specifically,\nFREC’s Repair Procedures failed to include adequate procedures for providing protection for each\nvalve from unauthorized operation and from vandalism, in accordance with § 195.420(c).\nSection 195.420(c) states, “[e]ach operator shall provide protection for each valve from\nunauthorized operation and from vandalism.”\nDuring the inspection, the PHMSA inspector requested FREC’s procedure regarding mainline\nvalve maintenance, and FREC provided its Repair Procedures. Section 524.1 of the Repair\nProcedures stated in part that, “[e]ach valve should be protected from unauthorized operation and\nvandalism by chain link fences and/or chains and locks on the valve.”\nThe procedure failed to state that the valves shall be protected from unauthorized operation and\nvandalism, as “should” indicates protection is optional, not required.\nTherefore, FREC failed to include adequate details in its written procedures requiring valves to be\nprotected from unauthorized operation and vandalism in accordance with § 195.420(c), as required\nby § 195.402(c)(3). FREC must revise its procedures to address this requirement.\n6. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) …\n(3) Operating, maintaining, and repairing the pipeline system in\naccordance with each of the requirements of this subpart and subpart\nH of this part.\nFREC’s procedures for maintenance and normal operations were inadequate. Specifically,\nFREC’s Repair Procedure failed to include procedures for prohibiting operation of its pipeline at\na pressure that exceeds the design pressure of any other component of the pipeline, in accordance\nwith the requirements of § 195.406(a).\nSection 195.406(a) states:\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text Page 5 of 14\n\n\n\nCPF 1-2021-044-NOA\n(a) Except for surge pressures and other variations from normal operations, no operator may\noperate a pipeline at a pressure that exceeds any of the following\n…\n(2) The design pressure of any other component of the pipeline.\nDuring the inspection, the PHMSA inspector requested FREC’s procedure regarding establishing\nmaximum operating pressure (MOP). FREC provided its Repair Procedure. The Repair\nProcedure, however, failed to include details or guidance requiring that the MOP of FREC’s\npipelines must meet the lowest criteria per § 195.406. The procedures failed to specify that the\npipeline will not be operated at a pressure that exceeds the design pressure of any other component\nof the pipeline.\nAdditionally, the Procedure contradicted the MOP on FREC’s MOP calculation record (MOP\nRecord). Section 521 of the Repair Procedure stated, “[t]he maximum operating pressure (MOP)\nfor the pipeline, based on historical pressure testing, is 192 psi.” The MOP Record stated, “[t]he\ncalculated MOP is 275 psi.” FREC’s Repair Procedure and MOP Record did not align.\nWhen the PHMSA inspector asked for additional information regarding the MOP of the pipeline\nthe Operator stated, “[t]he only MOP procedure is found in Section 500” and “[t]he MOP of the\npipeline is 275 psi, not 192 psi as the [Repair] Procedure states.”\nTherefore, FREC failed to include procedures for prohibiting operation of its pipeline at a pressure\nthat exceeds the design pressure of any other component of the pipeline in accordance with the\nrequirements of § 195.406(a), as required by § 195.402(c)(3). FREC must revise its procedures to\naddress this requirement.\n7. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) …\n(3) Operating, maintaining, and repairing the pipeline system in\naccordance with each of the requirements of this subpart and subpart\nH of this part.\nFREC’s procedures for maintenance and normal operations were inadequate. Specifically,\nFREC’s Section 400- Corrosion of General Practices Manual (Corrosion Control Procedures)\nfailed to include details of how FREC inspects and evaluates pipe exposed to the atmosphere for\natmospheric corrosion, in accordance with the requirements of § 195.583(b), and how it retains\ncorrosion control records in accordance with § 195.589(c).\nSection 195.583(b) states:\nDuring inspections, you must give particular attention to pipe at soil-to-air interfaces, under\nthermal insulation, under disbonded coatings, at pipe supports, in splash zones, at deck\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text Page 6 of 14\n\n\n\nCPF 1-2021-044-NOA\npenetrations, and in spans over water.\nSection 195.589(c) states:\nYou must maintain a record of each analysis, check, demonstration, examination, inspection,\ninvestigation, review, survey, and test required by this subpart in sufficient detail to\ndemonstrate the adequacy of corrosion control measures or that corrosion requiring control\nmeasures does not exist. You must retain these records for at least 5 years, except that\nrecords related to Secs. 195.569, 195.573(a) and (b), and 195.579(b)(3) and (c) must be\nretained for as long as the pipeline remains in service.\nDuring the inspection, the PHMSA inspector requested FREC’s procedure regarding atmospheric\ncorrosion control. FREC provided its Corrosion Control Procedures, which discussed atmospheric\ncorrosion control in Section 15. However, the Corrosion Control Procedures failed to provide\nadequate details on how FREC gives particular attention to pipe under thermal insulation, under\ndisbanded coatings, at pipe supports, in splash zones, at deck penetrations, and in spans over water.\nThe Corrosion Control Procedures also failed to provide any guidance on how the atmospheric\ncorrosion control inspection is conducted and what criteria is applied when evaluating pipe and\ncoating or jacketing conditions.\nAdditionally, the Corrosion Control Procedures, Section Subpart H stated, “…Corrosion Control\nRecords Retention (Some are required for 5 yrs; Some are for the service life) …”\nThe procedure failed to specify the proper retention periods for corrosion control records in\naccordance with § 195.589(c).\nWhen the PHMSA inspector asked for additional information regarding atmospheric corrosion\nmonitoring, FREC stated, “[t]here were no additional documents, and the current procedures could\nuse some updating.”\nTherefore, FREC failed to include details in its written procedures of its process to inspect and\nevaluate atmospheric corrosion on its pipelines in accordance with § 195.583, and for retaining\ncorrosion control records in accordance with § 195.589(c), as required by § 195.402(c)(3). FREC\nmust revise its procedures to address these requirements.\n8. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) …\n(7) Starting up and shutting down any part of the pipeline system\nin a manner designed to assure operation within the limits prescribed\nby §195.406, consider the hazardous liquid or carbon dioxide in\ntransportation, variations in altitude along the pipeline, and pressure\nmonitoring and control devices.\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text Page 7 of 14\n\n\n\nCPF 1-2021-044-NOA\nFREC’s procedures for maintenance and normal operations were inadequate. Specifically,\nFREC’s Normal Operations Procedure and No. 2 Fuel Oil Transfers from Sprague Tank to Tank\n#3 (Transfer Procedure) failed to include procedures for starting up and shutting down any part of\nthe pipeline system in a manner designed to assure operation within the limits prescribed by §\n195.406.\nDuring the inspection, the PHMSA inspector requested FREC’s procedure regarding start up and\nshut down of the pipeline. FREC provided its Normal Operations Procedure and its Transfer\nProcedure. However, these procedures did not include any details or process on how FREC starts\nup and shuts down any part of the pipeline system in a manner designed to assure operation within\nthe limits prescribed by § 195.406. Furthermore, the Normal Operations Procedures do not address\nvariations in altitude along the pipeline.\nTherefore, FREC failed to include details in its written procedures for starting up and shutting\ndown any part of the pipeline system in a manner designed to assure operation within the limits\nprescribed by § 195.406, in accordance with § 195.402(c)(7). FREC must revise its procedures to\naddress this requirement.\n9. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) …\n(13) Periodically reviewing the work done by operator personnel to\ndetermine the effectiveness of the procedures used in normal operation\nand maintenance and taking corrective action where deficiencies are\nfound.\nFREC’s procedures for maintenance and normal operations were inadequate. Specifically,\nFREC’s manual of written procedures failed to provide details on periodically reviewing the work\ndone by operator personnel to determine the effectiveness of the procedures used in normal\noperation and maintenance and taking corrective action where deficiencies are found.\nDuring the inspection, the PHMSA inspector requested FREC’s procedures regarding\n§ 195.402(c)(13). FREC provided its Normal Operations Procedure. However, FREC’s Normal\nOperations Procedure did not correspond to the requested information. When the PHMSA\ninspector re-requested procedures related to effectiveness reviews, FREC stated, “There are no\nprocedures and no effectiveness review conducted.”\nTherefore, FREC failed to include details in its written procedures on periodically reviewing the\nwork done by operator personnel to determine the effectiveness of the procedures in accordance\nwith § 195.402(c)(13). FREC must revise its procedures to address this requirement.\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text Page 8 of 14\n\n\n\nCPF 1-2021-044-NOA\n10. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(d) Abnormal operation. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety\nwhen operating design limits have been exceeded\n(1) …\n(2) Checking variations from normal operation after abnormal\noperation has ended at sufficient critical locations in the system to\ndetermine continued integrity and safe operation.\nFREC’s procedures for abnormal operations were inadequate. Specifically, FREC’s Section 300-\nAbnormal Operations (Abnormal Operations Procedure) failed to include procedures for checking\nvariations from normal operation after abnormal operation has ended at sufficient critical locations\nin the system to determine continued integrity and safe operation.\nDuring the inspection, the PHMSA inspector requested FREC’s procedure addressing\n§ 195.402(d)(2), and FREC provided its Abnormal Operations Procedure. The Abnormal\nOperations Procedure, Section 301 stated, “[c]hecking variations from normal operation after\nabnormal operation has ended at sufficient critical locations in the system to determine continued\nintegrity and safe operation.”\nThe Abnormal Operations Procedure restated § 195.402(d)(2) and failed to provide any details or\nguidance regarding checking variations from normal operation after an abnormal operation has\nended. When the PHMSA inspector asked for additional information regarding details on FREC’s\nprocess related to checking variations from normal operation after abnormal operations have ended\nFREC stated, “[w]e have not had an AOC occur therefore there are no procedures related to this\nitem.”\nTherefore, FREC failed to include procedures for checking variations from normal operation after\nabnormal operation has ended at sufficient critical locations in the system to determine continued\nintegrity and safe operation, in accordance with § 195.402(d)(2). FREC must revise its procedures\nto address this requirement.\n11. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(d) Abnormal operation. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety\nwhen operating design limits have been exceeded\n(1) …\n(3) Correcting variations from normal operation of pressure and\nflow equipment and controls.\nFREC’s procedures for abnormal operations were inadequate. Specifically, FREC’s Abnormal\nOperations Procedure failed to include procedures for correcting variations from normal operation\nof pressure and flow equipment and controls.\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text Page 9 of 14\n\n\n\nCPF 1-2021-044-NOA\nDuring the inspection, the PHMSA inspector requested FREC’s procedure addressing\n§ 195.402(d)(3), and FREC provided its Abnormal Operations Procedure. The Abnormal\nOperations Procedure, Section 301 stated, “[c]orrecting variations from normal operation of\npressure and flow equipment and controls.”\nThe Abnormal Operations Procedure restated § 195.402(d)(3) and failed to provide any details or\nguidance regarding correcting variations from normal operation. When the PHMSA inspector\nasked for additional information regarding details on FREC’s process related to correcting\nvariations from normal operation of pressure and flow equipment and controls FREC stated, “[w]e\nhave not had an AOC occur therefore there are no procedures related to this item.”\nTherefore, FREC failed to include procedures for correcting variations from normal operation of\npressure and flow equipment and controls, in accordance with § 195.402(d)(3). FREC must revise\nits procedures to address this requirement.\n12. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(d) Abnormal operation. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety\nwhen operating design limits have been exceeded\n(1) …\n(4) Notifying responsible operator personnel when notice of an\nabnormal operation is received.\nFREC’s procedures for abnormal operations were inadequate. Specifically, FREC’s Abnormal\nOperations Procedure failed to include procedures for notifying responsible operator personnel\nwhen notice of an abnormal operation is received.\nDuring the inspection, the PHMSA inspector requested FREC’s procedure addressing\n§ 195.402(d)(4) and FREC provided its Abnormal Operations Procedure. The Abnormal\nOperations Procedure, Section 301 stated, “[n]otifying responsible operator personnel when notice\nof an abnormal operation is received.”\nThe Abnormal Operations Procedure restarted § 195.402(d)(4) and failed to provide any details or\nguidance regarding how FREC notifies personnel of an abnormal operation. When the PHMSA\ninspector asked for additional information regarding details on FREC’s process related to notifying\noperator personnel when an abnormal operation is received FREC stated, “[w]e have not had an\nAOC occur therefore there are no procedures related to this item.”\nTherefore, FREC failed to include procedures for notifying responsible operator personnel when\nnotice of an abnormal operation is received, in accordance with § 195.402(d)(4). FREC must\nrevise its procedures to address this requirement.\n13. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text Page 10 of 14\n\n\n\nCPF 1-2021-044-NOA\n(d) Abnormal operation. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety\nwhen operating design limits have been exceeded\n(1) …\n(5) Periodically reviewing the response of operator personnel to\ndetermine the effectiveness of the procedures controlling abnormal\noperation and taking corrective action where deficiencies are found.\nFREC’s procedures for abnormal operations were inadequate. Specifically, FREC’s Abnormal\nOperations Procedure failed to include procedures for periodically reviewing the response of\noperator personnel to determine the effectiveness of the procedures controlling abnormal operation\nand taking corrective action where deficiencies are found.\nDuring the inspection, the PHMSA inspector requested FREC’s procedure addressing\n§ 195.402(d)(5) and FREC provided its Abnormal Operations Procedure. The Abnormal\nOperations Procedure, Section 301 stated, “[p]eriodically reviewing the response of operator\npersonnel to determine the effectiveness of the procedures controlling abnormal operation and\ntaking corrective action where deficiencies are found.”\nThe Abnormal Operations Procedure restated § 195.402(d)(5) and failed to provide any details or\nguidance regarding periodic reviews. When the PHMSA inspector asked for additional\ninformation regarding details on FREC’s process related to notifying operator personnel when an\nabnormal operation is received FREC stated, “[w]e have not had an AOC occur therefore there are\nno procedures related to this item.”\nTherefore, FREC failed to include procedures for periodically reviewing the response of operator\npersonnel to determine the effectiveness of the procedures controlling abnormal operation, in\naccordance with § 195.402(d)(5). FREC must revise its procedures to address this requirement.\n14. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following\nto provide safety during maintenance and normal operations:\n(1) …\n(5) Analyzing pipeline accidents to determine their causes.\nFREC’s procedures for maintenance and normal operations were inadequate. Specifically,\nFREC’s manual of written procedures failed to include procedures to analyze pipeline accidents\nto determine their causes.\nDuring the inspection, the PHMSA inspector requested FREC’s procedures addressing\n§ 195.402(c)(5). FREC provided its Abnormal Operations Procedure, The procedure, however,\ndid not correspond to the requested information. When the PHMSA inspector asked if there was\nadditional information in their procedures which covered these requirements, FREC stated, “There\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text Page 11 of 14\n\n\n\nCPF 1-2021-044-NOA\nare no procedures which cover this item.”\nTherefore, FREC failed to include procedures for analyzing pipeline accidents to determine their\ncauses in accordance with § 195.402(c)(5). FREC must revise its procedures to include details\naddressing this requirement.\n15. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(e) Emergencies. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety\nwhen an emergency condition occurs:\n(1) …\n(6) Minimization of public exposure to injury and probability of\naccidental ignition by assisting with evacuation of residents and\nassisting with halting traffic on roads and railroads in the affected area,\nor taking other appropriate action.\nFREC’s procedures for emergencies were inadequate. Specifically, FREC’s Section 100-\nIntroduction and Scope (Introduction Procedures) and Integrated Contingency Plan Fore River\nEnergy Center LLC, revised August 2019 (ICP) failed to include procedures requiring FREC to\nassist with evacuation of residents and assist with halting traffic on roads and railroads in the\naffected area, or take other appropriate action during emergencies.\nDuring the inspection, the PHMSA inspector requested FREC’s procedures addressing\n§ 195.402(e)(6). FREC provided its Introduction Procedures and ICP, which failed to address\n§ 195.402(e)(6). The ICP stated, “[i]f the spill appears to affect adjacent residences (e.g., drinking\nwater well contamination, hazardous vapors, etc.), NOTIFY the property owners through police\nand fire officials. If the spill appears to affect any of the public utilities (water, sewer, electric,\ntelephone, or gas), NOTIFY the proper authorities.”\nWhen the PHMSA inspector requested if there were additional procedures or guidance related to\nassisting with evacuation of residents and assisting with halting traffic on roads and railroads in\nthe affected area, FREC stated, “[t]here are no people in the vicinity of the power plant, but there\nare residents within an emergency affected area, however there are no additional procedures.”\nTherefore, FREC failed to include details in its written procedures addressing the requirements of\n§ 195.402(e)(6). FREC must revise its procedures to address this requirement.\n16. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(f) Safety-related condition reports. The manual required by\nparagraph (a) of this section must include instructions enabling\npersonnel who perform operation and maintenance activities to\nrecognize conditions that potentially may be safety-related conditions\nthat are subject to the reporting requirements of § 195.55.\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text Page 12 of 14\n\n\n\nCPF 1-2021-044-NOA\nFREC’s procedures for safety related condition reports were inadequate. Specifically, FREC’s\nSection 600- Safety Related Condition Reporting Requirements (SRC Procedures) failed to include\ninstructions enabling personnel who perform operation and maintenance activities to recognize\nconditions that potentially may be safety-related conditions that are subject to the reporting\nrequirements of § 195.55.\nDuring the inspection, the PHMSA inspector requested FREC’s procedure regarding recognizing\nsafety related conditions. FREC provided the SRC Procedures. However, the SRC Procedures\ndid not provide any instruction for personnel to recognize conditions that potentially may be\nsafety-related conditions.\nWhen the PHMSA inspector re-requested procedures related to recognizing safety related\nconditions, FREC stated, “[t]his could be included in OQ training, however there are no further\nprocedures related to safety related conditions.”\nTherefore, FREC failed to include instructions in its written procedures for personnel to recognize\nconditions that potentially may be safety-related conditions in accordance with § 195.402(f).\nFREC must revise its procedures to address this requirement.\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.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 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 Fore River Energy Center maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text Page 13 of 14\n\n\n\nCPF 1-2021-044-NOA\nplans, procedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and\nHazardous Materials Safety Administration, 840 Bear Tavern Road, Suite 300, West Trenton, NJ\n08628. In correspondence concerning this matter, please refer to CPF 1-2021-044-NOA and, for\neach document you submit, please provide a copy in electronic format whenever possible. Smaller\nfiles may be emailed to robert.burrough@dot.gov. Larger files should be sent on USB flash drive\naccompanied by the original paper 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\n12021044NOA_Notice of Amendment_06032021_(20-172057)_text Page 14 of 14","truncated":false,"body_characters":38577}