{"operation":"document","citation":"CPF 12023017WL","title":"COLUMBIA GAS TRANSMISSION, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-02-16","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023017wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023017wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023017wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023017WL","body":"Warning Letter involving COLUMBIA GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2023-02-16 and is reported as closed as of 2023-02-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023017WL_Warning Letter_02162023_(22-232999).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023017WL/12023017WL_Warning%20Letter_02162023_(22-232999).pdf\n\n12023017WL_Warning Letter_02162023_(22-232999)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023017WL/12023017WL_Warning%20Letter_02162023_(22-232999)_text.pdf\n\n12023017WL_Warning Letter_02162023_(22-232999)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nFebruary 16, 2023\nMr. Stanley Chapman III\nExecutive Vice President & President US & Mexico Natural Gas\nColumbia Gas Transmission, LLC\n700 Louisiana Street\nHouston, Texas 77002\nCPF 1-2023-017-WL\nDear Mr. Chapman:\nFrom March 14, 2022 through October 17, 2022 a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) conducted an integrated inspection of Columbia Gas Transmission, LLC’s (Columbia)\nrecords and facilities in West Virginia, Ohio, Pennsylvania and Maryland.\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. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline, a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. For transmission\nlines, the manual must also include procedures for handling abnormal\noperations. This manual must be reviewed and updated by the operator\nat intervals not exceeding 15 months, but at least once each calendar\nyear. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted.\n\n\n\nColumbia failed to review its Tier 3 Emergency Response Plan Maintenance operating procedure,\npublished date 2020/04/01 (Tier 3 Procedure) at least once each calendar year, not to exceed 15\nmonths in accordance with § 192.605(a).\nColumbia’s USGO Emergency Response Plan (US) (USGO ERP), section 1.2.3 directed a site-\nspecific regional emergency preparedness team to maintain Tier 3 documents in accordance with\nthe Tier 3 Procedure, with a direct link being provided within the USGO ERP to the Tier 3\nProcedure. The Tier 3 Procedure is identified in its heading as part of the TC Energy Operating\nProcedures and identifies the driver of the procedure to be regulatory. The Section 1 Purpose\nidentifies that the development and maintenance of Columbia’s Tier 3 Emergency Response\nProcedures is an element of ensuring preparedness for emergencies. Section 2 Scope of the Tier 3\nProcedure identifies it as a procedure applying to all TC Energy operated pipelines and facilities.\nDuring the inspection, Columbia personnel stated that they believed that the Tier 3 Procedure is\nnot subject to the annual review requirement or considered part of the Emergency Response Plan\nbecause it only includes step by step instructions on how to create the Tier III Emergency Plan\ndocuments. However, the Tier 3 Procedure is an operating procedure that also includes specific\nERP maintenance procedure requirements, including the “who, what, when, where, which and\nhow” Columbia will comply with the annual review and update requirements of § 192.605(a) for\nits emergency response procedures.\nTherefore, the Tier 3 Procedure is an operating procedure and Columbia failed to follow the\n§ 192.605(a) requirement to review and update the procedure at intervals not exceeding 15 months,\nbut at least once each calendar year.\n2. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline, a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. For transmission\nlines, the manual must also include procedures for handling abnormal\noperations. This manual must be reviewed and updated by the operator\nat intervals not exceeding 15 months, but at least once each calendar\nyear. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted.\nColumbia failed to follow its manual of written procedures. Specifically, Columbia failed to follow\nits Cathodic Protection Survey Inspection (US) Procedure, dated 08/02/2022 (CP Procedure) for\nannual casing readings for Pipeline EWV at the railroad location adjacent to the Ohio River on the\nWest Virginia side of the Ohio River, in accordance with § 192.605(a).\nColumbia’s CP procedure identified that readings should be taken annually at casings. During the\nfield inspections conducted during the week of 08/29/22 PHMSA observed that Columbia was\nmissing a casing vent at the railroad location adjacent to the Ohio River on the West Virginia side\nof the Ohio River. Columbia discussed that the annual reading task was erroneously discontinued\nafter the 2012 annual survey for unknown reasons.\n\n\n\nTherefore, Columbia failed to follow its manual of written procedures for annual casing readings,\nin accordance with § 192.605(a).\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\nColumbia Gas Transmission, LLC 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 1-2023-017-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\nCc: Daniel Cerkoney <dan\n_cerkoney@tcenergy.com>\nAmy Willis <amy_willis@tcenergy.com>","truncated":false,"body_characters":8444}