{"operation":"document","citation":"CPF 12023024NOA","title":"EASTERN SHORE NATURAL GAS CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-03-16","effective_on":null,"summary":"CLOSED notice of amendment citing 192.631(e)(5).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023024noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023024noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023024noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023024NOA","body":"Notice of Amendment involving EASTERN SHORE NATURAL GAS CO. PHMSA's enforcement data identifies the cited regulation as 192.631(e)(5). The case was opened on 2023-03-16 and is reported as closed as of 2023-06-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023024NOA_Closure Letter_06012023_(22-246392).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023024NOA/12023024NOA_Closure%20Letter_06012023_(22-246392).pdf\n\n12023024NOA_Closure Letter_06012023_(22-246392)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023024NOA/12023024NOA_Closure%20Letter_06012023_(22-246392)_text.pdf\n\n12023024NOA_Notice of Amendment_03162023_(22-246392).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023024NOA/12023024NOA_Notice%20of%20Amendment_03162023_(22-246392).pdf\n\n12023024NOA_Notice of Amendment_03162023_(22-246392)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023024NOA/12023024NOA_Notice%20of%20Amendment_03162023_(22-246392)_text.pdf\n\n12023024NOA_Operator Response to Notice_04062023_(22-246392).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023024NOA/12023024NOA_Operator%20Response%20to%20Notice_04062023_(22-246392).pdf\n\n12023024NOA_Notice of Amendment_03162023_(22-246392)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nMarch 16, 2023\nMr. Jeff Householder\nPresident and Chief Executive Officer\nEastern Shore Natural Gas Co\n500 Energy Lane, Suite 200\nDover, Delaware 19901\nCPF 1-2023-024-NOA\nDear Mr. Householder:\nFrom September 26 to September 29, 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.) inspected Eastern Shore Natural Gas Co’s (Eastern Shore) procedures for Control Room\nManagement in Dover, DE.\nAs a result of the inspection, PHMSA has identified the apparent inadequacy found within Eastern\nShore’s plans or procedures. The item inspected and the inadequacy is described below:\n1. 49 C.F.R. § 192.631 Control Room Management\n(a) …\n(e) Alarm management. Each operator using a SCADA system must\nhave a written alarm management plan to provide for effective\ncontroller response to alarms. An operator's plan must include\nprovisions to:\n(1) …\n(5) Monitor the content and volume of general activity being\ndirected to and required of each controller at least once each calendar\nyear, but at intervals not to exceed 15 months, that will assure\ncontrollers have sufficient time to analyze and react to incoming\nalarms; and\n\n\n\nEastern Shore’s written control room management procedures were inadequate. Specifically,\nEastern Shore’s Control Room Management Plan, dated 05-14-2014 (CRM Plan) and its SCADA\nAlarm Management Plan, dated 06-08-2021 (Alarm Plan) lacked sufficient details pursuant to\ncompliance with § 192.631(e)(5).\nDuring the inspection, the PHMSA inspector reviewed Eastern Shore’s CRM Plan and Alarm Plan.\nThe CRM Plan stated in part:\n“(5) Monitor the content and volume of general activity (alarms).\nThe content and volume of alarms received in Gas Control shall be reviewed by the\nGas Control Manager and/or System Planning and Process Controls Manager at\nleast once each calendar year, but at intervals not to exceed 15 months.”\nWhile the CRM Plan reflects the language found in § 192.631(e)(5), it did not include details on\nhow Eastern Shore will complete and document this required assessment. The Alarm Plan also\nreferenced this review but did not provide additional details on how this task will be completed\nand documented.\nTherefore, Eastern Shore’s written control room management procedures were inadequate\npursuant to § 192.631(e)(5). Eastern Shore must revise its procedures to address this deficiency.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\n\n\n\nIt is requested (not mandated) that Eastern Shore Natural Gas Co maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,\nEastern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 1-2023-024-NOA and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n\n12023024NOA_Closure Letter_06012023_(22-246392)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nJune 1, 2023\nMr. Jeff Householder\nPresident and Chief Executive Officer\nEastern Shore Natural Gas Co\n500 Energy Lane, Suite 200\nDover, Delaware 19901\nCPF 1-2023-024-NOA\nDear Mr. Householder:\nFrom September 26 to September 29, 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.) inspected Eastern Shore Natural Gas Co’s (Eastern Shore) procedures for Control Room\nManagement in Dover, DE. As a result of the inspection, Eastern Shore was issued a Notice of\nAmendment on March 16, 2023, which proposed amendment of your procedures.\nEastern Shore submitted its amended procedures on April 6, 2023. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":7435}