{"operation":"document","citation":"CPF 12023005WL","title":"NATIONAL FUEL GAS SUPPLY CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-02-02","effective_on":null,"summary":"CLOSED warning letter citing 192.751(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023005wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023005wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023005wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023005WL","body":"Warning Letter involving NATIONAL FUEL GAS SUPPLY CORP. PHMSA's enforcement data identifies the cited regulation as 192.751(c). The case was opened on 2023-02-02 and is reported as closed as of 2023-02-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023005WL_Operator Response to Notice_03032023_(22-233297).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023005WL/12023005WL_Operator%20Response%20to%20Notice_03032023_(22-233297).pdf\n\n12023005WL_Warning Letter_02022023_(22-233297).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023005WL/12023005WL_Warning%20Letter_02022023_(22-233297).pdf\n\n12023005WL_Warning Letter_02022023_(22-233297)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023005WL/12023005WL_Warning%20Letter_02022023_(22-233297)_text.pdf\n\n12023005WL_Warning Letter_02022023_(22-233297)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nFebruary 2, 2023\nDavid P. Bauer\nPresident and Chief Executive Officer\nNational Fuel Gas Supply Corporation\n6363 Main Street\nWilliamsville, New York 14221\nCPF 1-2023-005-WL\nDear Mr. Bauer:\nOn September 14, 2022, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nNational Fuel Gas Supply Corporation’s (NFG) mainline valves and other above ground natural\ngas pipeline appurtenances within the FM120 pipeline segment subject to Special Permit PHMSA-\n2017-0090 and located in Elk and McKean Counties, PA.\nAs a result of the inspection, it is alleged that you have committed probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 192.751 Prevention of accidental ignition.\nEach operator shall take steps to minimize the danger of accidental\nignition of gas in any structure or area where the presence of gas\nconstitutes a hazard of fire or explosion, including the following:\n(a) …\n(c) Post warning signs, where appropriate.\nNFG failed to post warning signs that demonstrate compliance with the requirements of\n§ 192.751(c). Specifically, NFG failed to post warning signs at two fenced above ground natural\ngas facilities located along its pipeline right of way.\nDuring the inspection, PHMSA observed and photographed two (2) separate sites along the\n\n\n\nFlexSteel FM120 pipeline that were built, being operated, and maintained by NFG under Special\nPermit PHMSA-2017-0090. The sites contain above ground natural gas appurtenances that were\nwithin fenced in areas. Photographs at facilities located at approximate Mile Posts 0.00 and 1.20\ndemonstrated a failure to have signs posted warning those in the area of the potential for accidental\nignition pursuant to § 192.751(c).\nTherefore, NFG failed to post warning signs where appropriate pursuant to § 192.751(c).\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\nNational Fuel Gas Supply 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 1-2023-005-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":5387}