{"operation":"document","citation":"CPF 12022071WL","title":"PORTLAND PIPE LINE CORPORATION — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-11-03","effective_on":null,"summary":"CLOSED warning letter citing 195.446(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022071wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022071wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022071wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022071WL","body":"Warning Letter involving PORTLAND PIPE LINE CORPORATION. PHMSA's enforcement data identifies the cited regulation as 195.446(c)(3). The case was opened on 2022-11-03 and is reported as closed as of 2022-11-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022071WL_Warning Letter_11032022_(21-199431).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022071WL/12022071WL_Warning%20Letter_11032022_(21-199431).pdf\n\n12022071WL_Warning Letter_11032022_(21-199431)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022071WL/12022071WL_Warning%20Letter_11032022_(21-199431)_text.pdf\n\n12022071WL_Warning Letter_11032022_(21-199431)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nNovember 3, 2022\nMr. John Gillies\nPresident\nPortland Pipe Line Corporation\n30 Hill Street\nSouth Portland, Maine 04106\nCPF 1-2022-071-WL\nDear Mr. Gilles:\nFrom July 6th to July 30th\n, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Portland\nPipe Line Corporation’s (Portland) procedures and records for control room management of its\nSouth Portland, Maine control room.\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. § 195.446 Control Room Management\n(a) …\n(c) Provide adequate information. Each operator must provide its\ncontrollers with the information, tools, processes and procedures\nnecessary for the controllers to carry out the roles and responsibilities\nthe operator has defined by performing each of the following:\n(1) …\n(3) Test and verify an internal communications plan to provide\nadequate means for manual operation of the pipeline safely, at least\nonce each calendar year, but at intervals not to exceed 15 months.\nPortland failed to test and verify an internal communications plan at least once each calendar year,\nbut at intervals not to exceed 15 months, to provide adequate means for manual operation of its\n\n\n\npipeline safely.\nDuring the inspection, PHMSA asked Portland to produce records of testing its internal\ncommunications plan pursuant to § 195.446(c)(3). Portland failed to produce any records\ndocumenting that its internal communication plan had been tested during calendar years 2018 -\n2020.\nTherefore, Portland failed to test its internal communication plan as required by § 195.446(c)(3).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$239,142 per violation per day the violation persists, up to a maximum of $2,391,142 for a related\nseries of violations. For violation occurring on or after May 3, 2021 and before March 21, 2022,\nthe maximum penalty may not exceed $225,134 per violation per day the violation persists, up to\na maximum of $2,251,334 for a related series of violations. For violation occurring on or after\nJanuary 11, 2021 and before May 3, 2021, the maximum penalty may not exceed $222,504 per\nviolation 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\nmaximum penalty may not exceed $218,647 per violation per day the violation persists, up to a\nmaximum of $2,186,465 for a related series of violations. For violation occurring on or after\nNovember 27, 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 on\nor after November 2, 2015, and before November 27, 2018, the maximum penalty may not exceed\n$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 item identified in this letter. Failure to do so will result in\nPortland Pipe Line Corporation 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 1-2022-071-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","truncated":false,"body_characters":5023}