{"operation":"document","citation":"CPF 12023007WL","title":"CADEVILLE GAS STORAGE, LLC — 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 192.12(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023007wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023007wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023007wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023007WL","body":"Warning Letter involving CADEVILLE GAS STORAGE, LLC. PHMSA's enforcement data identifies the cited regulation as 192.12(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\n12023007WL_Warning Letter_02022023_(22-235050).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023007WL/12023007WL_Warning%20Letter_02022023_(22-235050).pdf\n\n12023007WL_Warning Letter_02022023_(22-235050)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023007WL/12023007WL_Warning%20Letter_02022023_(22-235050)_text.pdf\n\n12023007WL_Warning Letter_02022023_(22-235050)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nFebruary 2, 2023\nMr. Kenneth Foyil\nVice President Operations\nCadeville Gas Storage, LLC\n598 Minden Street, Suite A\nRuston, Louisiana 71270\nCPF 1-2022-007-WL\nDear Mr. Foyil:\nFrom October 4, 2022, through October 6, 2022, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected Cadeville Gas Storage, LLC’s (CGS) Cadeville Gas Storage Field in Ouachita County,\nLouisiana.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the probable\nviolation is:\n1. § 192.12 Underground natural gas storage facilities.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare and\nfollow for each facility one or more manuals of written procedures for\nconducting operations, maintenance, and emergency preparedness and\nresponse activities under paragraphs (a) and (b) of this section. Each\noperator must keep records necessary to administer such procedures and\nreview and update these manuals at intervals not exceeding 15 months, but\nat least once each calendar year. Each operator must keep the appropriate\nparts of these manuals accessible at locations where UNGSF work is being\nperformed. Each operator must have written procedures in place before\ncommencing operations or beginning an activity not yet implemented.\nCGS failed to meet the requirements of § 192.12(c). Specifically, CGS failed to review and update its\nOperations and Maintenance (O&M) manuals and Emergency Response Plan (ERP) at intervals not to\n\n\n\nexceed 15 months, but at least each calendar year.\nDuring the inspection, PHMSA found that CGS’s records indicated its UNGS O&M manuals and ERP\nwere reviewed and updated on 5/21/2021 and 09/21/2022, exceeding the 15-month interval\nrequirement by 1 month.\nTherefore, CGS failed to meet the requirements of § 192.12(c) regarding the interval for reviewing and\nupdating its O&M and ERP manuals.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022, and before January 6, 2023,\nthe maximum penalty may not exceed $239,142 per violation per day the violation persists, up to a\nmaximum of $2,391,142 for a related series of violations. For violation occurring on or after May 3,\n2021, and before March 21, 2022, the maximum penalty may not exceed $225,134 per violation per\nday the violation persists, up to a maximum of $2,251,334 for a related series of violations. For\nviolation occurring on or after January 11, 2021, and before May 3, 2021, the maximum penalty may\nnot exceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a\nrelated series of violations. For violation occurring on or after July 31, 2019, and before January 11,\n2021, the maximum penalty may not exceed $218,647 per violation per day the violation persists, up\nto a maximum 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 or\nafter 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 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 Cadeville Gas Storage,\nLLC 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\n1-2022-007-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","truncated":false,"body_characters":5506}