{"operation":"document","citation":"CPF 12022032WL","title":"ANR PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-03-15","effective_on":null,"summary":"CLOSED warning letter citing 191.17(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022032wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022032wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022032wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022032WL","body":"Warning Letter involving ANR PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 191.17(c). The case was opened on 2022-03-15 and is reported as closed as of 2022-03-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022032WL_Warning Letter_03152022_(21-200756).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022032WL/12022032WL_Warning%20Letter_03152022_(21-200756).pdf\n\n12022032WL_Warning Letter_03152022_(21-200756)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022032WL/12022032WL_Warning%20Letter_03152022_(21-200756)_text.pdf\n\n12022032WL_Warning Letter_03152022_(21-200756)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMarch 15, 2022\nMr. Stanley Chapman III\nEVP & President US & MX Natural Gas PL\nANR Pipeline Co\n7000 Louisiana Street\nHouston, Texas 77002\nCPF 1-2022-032-WL\nDear Mr. Chapman:\nFrom July 27 to July 29, 2021, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nANR Pipeline Co’s (ANR) Lincoln-Freeman Underground Natural Gas Storage Facility in Lake,\nMichigan.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 191.17 Transmission systems; gathering systems; liquefied natural gas facilities;\nand underground natural gas storage facilities: Annual report\n(a) …\n(c) Underground natural gas storage facility. Each operator of a\nUNGSF must submit an annual report through DOT Form PHMSA\n7100.4-1. This report must be submitted each year, no later than March\n15, for the preceding calendar year.\nANR failed to submit accurate underground natural gas storage facility annual reports to PHMSA\nfrom 2017 to 2021 by failing to include two wells in the total well count for Lincoln-Freeman.\nDuring the inspection of Lincoln-Freeman, it was found that ANR had two wells that were unique\n\n\n\nCPF 1-2022-032-WL\nto the storage facility. Upon discussion, the wells were identified as observations wells that were\ninstalled due to a previous incident. The wells do not see formation pressure but were installed to\nobserve the storage horizon. These wells were not included into the annual reports submitted to\nPHMSA from 2017 to 2021.\nTherefore, ANR failed to meet the requirements of § 191.17(c).\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,\nthe maximum penalty may not exceed $222,504 per violation per day the violation persists, up to\na maximum of $2,225,034 for a related series of violations. For violation occurring on or after\nJuly 31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018 and before July 31, 2019, the\nmaximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015 and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty 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 item(s) identified in this letter. Failure to do so will result in\nANR 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 to\nCPF 1-2022-032-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n12022032WL_Warning Letter_03152022_(21-200756)_text Page 2 of 2","truncated":false,"body_characters":4781}