{"operation":"document","citation":"CPF 12023016WL","title":"EASTERN GAS TRANSMISSION AND STORAGE, INC. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-02-23","effective_on":null,"summary":"CLOSED warning letter citing 195.446(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023016wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023016wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023016wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023016WL","body":"Warning Letter involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulation as 195.446(a). The case was opened on 2023-02-23 and is reported as closed as of 2023-02-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023016WL_Operator Response to Notice_03312023_(21-199436).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023016WL/12023016WL_Operator%20Response%20to%20Notice_03312023_(21-199436).pdf\n\n12023016WL_Warning Letter_02232023_(21-199436).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023016WL/12023016WL_Warning%20Letter_02232023_(21-199436).pdf\n\n12023016WL_Warning Letter_02232023_(21-199436)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023016WL/12023016WL_Warning%20Letter_02232023_(21-199436)_text.pdf\n\n12023016WL_Warning Letter_02232023_(21-199436)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nFebruary 23, 2023\nMr. Paul Ruppert\nPresident and Chief Executive Officer\nEastern Gas Transmission and Storage, Inc.\n6603 West Broad Street\nRichmond, Virginia 23200\nCPF 1-2023-016-WL\nDear Mr. Ruppert:\nFrom June 7, 2021, through June 11, 2021, via video-conferenced inspection, and on November\n18, 2021, via on-site inspection, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nEastern Gas Transmission and Storage, Inc.’s (EGTS) procedures and records for control room\nmanagement of its control room in Bridgeport, West Virginia.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 195.446 Control Room Management.\n(a) General. This section applies to each operator of a pipeline\nfacility with a controller working in a control room who monitors and\ncontrols all or part of a pipeline facility through a SCADA system. Each\noperator must have and follow written control room management\nprocedures that implement the requirements of this section…\nEGTS failed to follow its written control room management procedures. Specifically, EGTS failed\nto verify the correct safety-related alarm set-point values when associated field instruments were\ncalibrated or changed in accordance with its Hastings Extraction Plant Control Room Management\nPlan, 7.3 SCADA Point Review 195.446(e)(2) 195.446(e)(3), Revision 5, 5/31/2021 (Set Point\n\n\n\nProcedure) and § 195.446(e) (3)'.\nDuring the inspection, PHMSA requested EGTS' records to demonstrate compliance with its\nprocedures and § 195.446(e) (3) when field instruments were calibrated or changed during 2019 -\n2021, such as SCADA control transmitters or other equipment. EGTS identified that its inspection\nand calibration records did not indicate that safety-related alarm set point values were verified at\nthese times. However, the Set Point Procedure required the NGL Operations to verify the correct\nsafety related alarm set-point values and alarm descriptions once each calendar year at intervals\nnot exceeding 15 months, and whenever the associated field instruments are calibrated of\nmaintained.\nTherefore, EGTS failed to verify safety-related alarm set-point values in accordance with its Set\nPoint Procedure and pursuant to § 195.446(e)(3).\n2.\n§ 195.446 Control Room Management.\n(a) General. This section applies to each operator of a pipeline\nfacility with a controller working in a control room who monitors and\ncontrols all or part of a pipeline facility through a SCADA system. Each\noperator must have and follow written control room management\nprocedures that implement the requirements of this section...\nEGTS failed to follow its written control room management procedures. Specifically, EGTS failed\nto determine the effectiveness of its alarm management plan at least once each calendar year, but\nat intervals not exceeding 15 months in accordance with its Hastings Extraction Plant Control\nRoom Management Plan, Alarm Management Plan Review 195.446(e)(4), Revision 5, 5/31/2021\n(Alarm Management Review Procedure) and § 195.446(e) (4)'.\nDuring the inspection, PHMSA asked EGTS to produce records that demonstrate that its alarm\nmanagement plan was reviewed at least once each calendar year, but at intervals not exceeding 15\nmonths to determine the effectiveness of the plan. EGTS referred to Section 7.4 of its Alarm\nManagement Review Procedure which required a review of the plan but did not contain details for\ndetermining the effectiveness of the plan, such as metrics. This section also stated that the reviews\nwould be documented in EGTS' electronic inspection management system. However, EGTS\nprovided its Section 13 Control Room Management Plan Revision Log, Revision 13, 5/31/2021 as\n1 § 195.446 Control Room Management.\ncontroller response to alarms. An operator's plan must include provisions to:\n(e) Alarm management. Each operator using a SCADA system must have a written alarm management plan to provide for effective\nchanged and at least once each calendar year, but at intervals not to exceed 15 months;\n(3) Verify the correct safety-related alarm set-point values and alarm descriptions when associated field instruments are calibrated or\n2 § 195.446 Control Room Management.\n(a) ...\ncontroller response to alarms. An operator's plan must include provisions to:\n(e) Alarm management. Each operator using a SCADA system must have a written alarm management plan to provide for effective\nmonths, to determine the effectiveness of the plan.\n(4) Review the alarm management plan required by this paragraph at least once each calendar year, but at intervals not to exceed 15\n\n\n\nits record of the annual reviews. A review of the Revision Log from 2018 to 2020 did not\ndemonstrate that a review was completed or that the effectiveness of the plan was determined.\nTherefore, EGTS failed to review its alarm management plan to determine its effectiveness in\naccordance with its Alarm Management Review Procedure and as required by § 195.446(e)(4).\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,\n2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists,\nup to a maximum of $2,391,142 for a related series of violations. For violation occurring on or\nafter May 3, 2021, and before March 21, 2022, the maximum penalty may not exceed $225,134\nper violation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. For violation occurring on or after January 11, 2021, and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 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 items identified in this letter. Failure to do so will result in\nEastern Gas Transmission and Storage, Inc. 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 1-2023-016-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":8879}