{"operation":"document","citation":"CPF 12021058WL","title":"NATIONAL FUEL GAS SUPPLY CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-09-14","effective_on":null,"summary":"CLOSED warning letter citing 192.465(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021058wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021058wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12021058wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12021058WL","body":"Warning Letter involving NATIONAL FUEL GAS SUPPLY CORP. PHMSA's enforcement data identifies the cited regulation as 192.465(a). The case was opened on 2021-09-14 and is reported as closed as of 2021-09-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12021058WL_Warning Letter_09142021_(20-172139).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021058WL/12021058WL_Warning%20Letter_09142021_(20-172139).pdf\n\n12021058WL_Warning Letter_09142021_(20-172139)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12021058WL/12021058WL_Warning%20Letter_09142021_(20-172139)_text.pdf\n\n12021058WL_Warning Letter_09142021_(20-172139)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nSeptember 14, 2021\nMr. Ramon Harris\nVice President\nNational Fuel Gas Supply Corporation\n6363 Main Street\nWilliamsville, NY 14221\nCPF 1-2021-058-WL\nDear Mr. Harris:\nFrom March 23, 2020 to May 27, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) and the New York Department of Public Service (NYDPS), acting as\ninterstate agent of PHMSA, pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nNational Fuel Gas Supply Corporation’s (NFG) procedures, records, and facilities at multiple locations\nin Pennsylvania and New York.\nAs a result of the inspection/investigation, it is alleged that you have committed a probable violation\nof the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected\nand the probable violation is:\n1. § 192.465 External corrosion control: Monitoring.\n(a) Each pipeline that is under cathodic protection must be tested at\nleast once each calendar year, but with intervals not exceeding 15 months,\nto determine whether the cathodic protection meets the requirements of\n§ 192.463. However, if tests at those intervals are impractical for\nseparately protected short sections of mains or transmission lines, not in\nexcess of 100 feet (30 meters), or separately protected service lines, these\npipelines may be surveyed on a sampling basis. At least 10 percent of these\nprotected structures, distributed over the entire system must be surveyed\neach calendar year, with a different 10 percent checked each subsequent\nyear, so that the entire system is tested in each 10-year period.\nNFG failed to test each pipeline under cathodic protection at least once calendar year, not to exceed 15\nmonths, to determine whether the cathodic protection met the requirements of § 192.463.\n\n\n\nCPF 1-2021-058-WL\nDuring the inspection, the inspection team reviewed cathodic protection testing records for Line\nECW569, Corrosion Device IDs 29651 and 29652. The records indicated that NFG tested the two\nCorrosion Device IDs (test stations) for adequacy of cathodic protection on the 1742-foot steel segment\non 12/16/2015, and not again until 1/9/2017. NFG could not provide any record of conducting cathodic\nprotection monitoring tests at these test stations during calendar year 2016.\nTherefore, NFG failed in 2 instances to test a pipeline under cathodic protection at least once each\ncalendar year, as required by § 192.465(a).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a related\nseries of violations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July 31,\n2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per violation per\nday the violation persists, up to a maximum of $2,186,465 for a related series of violations. For\nviolation occurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty\nmay not exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nFor violation occurring on or after November 2, 2015 and before November 27, 2018, the maximum\npenalty may not exceed $209,002 per violation per day, with a maximum penalty not to exceed\n$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 National Fuel Gas Supply\nCorporation 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\n1-2021-058-WL. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive material\nqualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n12021058WL_Warning Letter_09142021_(20-172139)_text Page 2 of 2","truncated":false,"body_characters":5481}