{"operation":"document","citation":"CPF 12022019WL","title":"ANR PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-03-22","effective_on":null,"summary":"CLOSED warning letter citing 191.25(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022019wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022019wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022019wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022019WL","body":"Warning Letter involving ANR PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 191.25(a). The case was opened on 2022-03-22 and is reported as closed as of 2022-03-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022019WL_Warning Letter_03222022_(21-212128).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022019WL/12022019WL_Warning%20Letter_03222022_(21-212128).pdf\n\n12022019WL_Warning Letter_03222022_(21-212128)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022019WL/12022019WL_Warning%20Letter_03222022_(21-212128)_text.pdf\n\n12022019WL_Warning Letter_03222022_(21-212128)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMarch 22, 2022\nMr. Stanley Chapman\nExecutive Vice President & President US & Mexico Natural Gas\nANR Pipeline Co\n7000 Louisiana Street\nHouston, Texas 77002\nCPF 1-2022-019-WL\nDear Mr. Chapman:\nOn May 10, 2021, ANR Pipeline Company (ANR) submitted to PHMSA a letter related to\nSafety Related Condition Reports (SRC). A representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to\nChapter 601 of 49 United States Code (U.S.C.) reviewed the submission and investigated these\nconditions.\nAs a result of the investigation, it is alleged that you have committed a probable violation of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item\ninvestigated and the probable violation is:\n1. § 191.25 Filing safety-related condition reports.\n(a) Each report of a safety-related condition under § 191.23(a)(1)\nthrough (9) must be filed (received by the Associate Administrator)\nin writing within 5 working days (not including Saturday, Sunday,\nor Federal holidays) after the day a representative of an operator\nfirst determines that the condition exists, but not later than 10\nworking days after the day a representative of an operator discovers\nthe condition. Separate conditions may be described in a single\nreport if they are closely related. Reporting methods and report\nrequirements are described in paragraph (c) of this section.\n\n\n\nCPF 1-2022-019-WL\nANR failed to file one safety related condition (SRC) report within the reporting requirements\nof § 191.25(a). Specifically, ANR failed to file reports within 5 working days after the day a\nrepresentative first determined that the conditions existed, but not later than 10 working days\nafter the day a representative of ANR discovered the conditions.\nOn May 10, 2021, PHMSA received a letter from ANR reporting the discovery of one SRC in\nwhich underground natural gas storage wells were not isolated from the storage horizon within\n5 business days or reported to PHMSA within the required 10 days of discovery. The\nfollowing table lists the SRC identified and submitted by ANR on May 10, 2021.\nWell\nName\nDate of\nDiscovery\nDate of\nDetermination\nDate Well out of\nservice\nNotification\ndate\n9409 2/7/2020 2/7/2020 4/1/2020 5/10/2021\nTherefore, ANR failed to report one safety related condition in accordance with the reporting\nrequirements of § 191.25.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334\nfor a related series of violations. For violation occurring on or after January 11, 2021 and\nbefore May 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the\nviolation persists, up to a maximum of $2,225,034 for a related series of violations. For\nviolation 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\nof $2,186,465 for a related series of violations. For violation occurring on or after November\n27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per\nviolation per day, with a maximum penalty not to exceed $2,132,679. For violation occurring\non or after November 2, 2015 and before November 27, 2018, the maximum penalty may not\nexceed $209,002 per violation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result\nin ANR Pipeline Co being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 1-2022-019-WL. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\n12022019WL_Warning Letter_03222022_(21-212128)_text Page 2 of 3\n\n\n\nCPF 1-2022-019-WL\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n12022019WL_Warning Letter_03222022_(21-212128)_text Page 3 of 3","truncated":false,"body_characters":5504}