EASTERN GAS TRANSMISSION AND STORAGE, INC. — Notice of Probable Violation

party submissionOfficial PDF12023028NOPV_Operator Post-Hearing Brief_03252024_(22-232998).pdf#

case documentOfficial PDF12023028NOPV_Operator Pre-Hearing Submission_02122024_(22-232998).pdf#

party submissionOfficial PDF12023028NOPV_Operator Response to Notice_07282023_(22-232998).pdf#

case documentOfficial PDF12023028NOPV_PCO_05252023_(22-232998).pdf#

case documentOfficial PDF12023028NOPV_PCO_05252023_(22-232998)_text.pdf#

12023028NOPV_PHC Hearing Scheduled_08172023_(22-232998)_text.pdf, page 1Official PDFAugust 17, 2023 VIA ELECTRONIC MAIL TO: eric.taylor@bhegts.com and robert.burrough@dot.gov Mr. Eric V. Taylor Director, Engineering Services Eastern Gas Transmission and Storage, Inc. 6603 West Broad Street Richmond, VA 23200 Mr. Robert Burrough Director, Eastern Region Pipeline and Hazardous Materials Safety Administration 840 Bear Tavern Road, Suite 300 West Trenton, NJ 08628 Re: Notice of Hearing, Eastern Gas Transmission and Storage, Inc. CPF No. 1-2023-028-NOPV Dear Mr. Taylor and Mr. Burrough: In accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of Probable Violation and Proposed Compliance Order issued by the Pipeline and Hazardous Materials Safety Administration in the above-referenced case. The hearing will take place on February 22, 2024, beginning at 8:30 a.m. Eastern Time. The hearing will be held at the PHMSA Eastern Region office, 840 Bear Tavern Road, Suite 300, West Trenton, NJ 08628. Upon arrival at the building, attendees will be required to present photo identification to security personnel. A contact phone number for the day of the hearing is (609) 989-2171. At least 10 calendar days prior to the hearing (or by February 12, 2024), both parties must submit and exchange any additional written materials they intend to present at the hearing and the name and email address of each attendee. This information should be provided electronically. Materials not submitted by this date may be excluded. If you have any questions, please do not hesitate to contact me. Sincerely, Larry White Presiding Official cc: Mr. John M. Lamb, Vice President, Eastern Pipeline Operations, Eastern Gas Transmission and Storage, Inc., john.lamb@bhegts.com Mr. Joseph St. Peter, OPS Eastern Region Counsel, joseph.st.peter@dot.gov#

12023028NOPV_Final Order_03282025_(22-232998)_text.pdf, page 1Official PDFMarch 28, 2025 VIA ELECTRONIC MAIL TO: paul.ruppert@bhegts.com Mr. Paul Ruppert President Eastern Gas Transmission and Storage, Inc. 6603 West Broad Street Richmond, VA 23200 Re: CPF No. 1-2023-028-NOPV Dear Mr. Ruppert: Enclosed please find the Final Order issued in the above-referenced case. It withdraws the Notice of Probable Violation and terminates this enforcement proceeding, without prejudice, as a matter of administrative discretion. This enforcement action is now closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosure cc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, robert.burrough@dot.gov Ms. Brianne Kurdock, Counsel for EGT&S, Babst Calland, bkurdock@babstcalland.com CERTIFIED MAIL - RETURN RECEIPT REQUESTED#

12023028NOPV_Final Order_03282025_(22-232998)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) Eastern Gas Transmission ) CPF No. 1-2023-028-NOPV and Storage, Inc. ) ) ) ) Respondent. ) ____________________________________) FINAL ORDER From September 7 through November 10, 2022, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of the facilities and records of Eastern Gas Transmission and Storage, Inc. (EGT&S or Respondent) in and around Luthersburg, Pennsylvania. EGT&S operates approximately 3,600 miles of natural gas gathering and transmission pipelines in 6 states. 1 As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent, by letter dated May 25, 2023, a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that EGT&S had violated 49 C.F.R. § 192.167(a)(4) and proposed ordering Respondent to take certain measures to correct the alleged violation. EGT&S responded to the Notice by letter dated July 28, 2023 (Response). EGT&S contested the allegation and requested an informal hearing. EGT&S submitted additional written material on February 12, 2024 (Pre-hearing submission). A hearing was subsequently held on February 22, 2024, in West Trenton, New Jersey before a Presiding Official from the PHMSA Office of Chief Counsel. At the hearing, Respondent was represented by counsel. After the hearing, Respondent provided additional written material for the record by letter dated March 25, 2024 (Post-hearing submission). The Director provided a recommendation on April 24, 2024 (Recommendation) and EGT&S submitted a reply to the Recommendation on May 24, 2024 (Reply). 1 PHMSA Violation Report at 1.#

12023028NOPV_Final Order_03282025_(22-232998)_text.pdf, page 3WITHDRAWAL OF FINDING OF VIOLATION The Notice alleged that Respondent violated 49 C.F.R. Part 192, as follows: Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.167(a)(4), which states: § 192.167 Compressor stations: Emergency shutdown. (a) Except for unattended field compressor stations of 1,000 horsepower (746 kilowatts) or less, each compressor station must have an emergency shutdown system that meets the following: (1)… (4) It must be operable from at least two locations, each of which is: (i) Outside the gas area of the station; (ii) Near the exit gates, if the station is fenced, or near emergency exits, if not fenced; and (iii) Not more than 500 feet (153 meters) from the limits of the station. The Notice alleged that Respondent violated 49 C.F.R. § 192.167(a)(4) by failing to have an emergency shutdown (ESD) system for an attended compressor station that can be triggered from at least two locations that are near exit gates. Specifically, the Notice alleged that the minimum of two ESD triggers at the fenced South Bend compressor station were not located near the exit gates on the fence line as required by the regulation. In its Response and at the hearing, EGT&S contested the allegation, primarily arguing that the two minimum ESD triggers at issue were positioned in a manner that met the regulatory requirement for location near the exit gates of the facility. The facts in this case are undisputed. The South Bend compressor station, which is fenced, was originally constructed and placed into service in 1951. Beginning in 1961, modifications were made to the facility which included the installation of additional ESD triggers. These modifications also included alterations to the fence line of the facility and these alterations put the minimum of two ESD triggers at a further distance from the exit gates than was the case originally. Following these alterations, the closest of the two ESD triggers is now 145 feet from the nearest exit gate and the second closest is 171 feet from the nearest exit gate.2 Respondent disagreed with OPS that the locations of the two closest ESD triggers, at distances of 145 feet and 171 feet from the exits, were not near the exits for purposes of the cited regulation, and asserted that OPS’ position was arbitrary and capricious. I acknowledge that EGT&S is correct in its Response that § 192.167 is not a prescriptive 2 There are now a total of five emergency shutdown triggers within the facility, the other three being located at distances greater than 171 feet from the respective exit gates nearest to each of them.#

12023028NOPV_Final Order_03282025_(22-232998)_text.pdf, page 4regulation that dictates exactly how many feet the ESD triggers must be from the exit gates, although the purpose of the regulation is clear—to ensure employees who are rapidly evacuating the facility due to a gas leak or fire emergency can hit the shutdown as soon as practicable after exiting through the gate and not be at any further risk or needing to do so further inside the facility. In addition, it should be noted that the regulation does provide operators with a degree of flexibility to account for unique circumstances at a given facility that should be considered when determining the proximity of the required ESD trigger to a gate, and would justify a particular distance. Accordingly, after considering all of the evidence and circumstances of this case, I hereby withdraw the alleged violation 49 C.F.R. § 192.167(a)(4), without prejudice, as a matter of administrative discretion. The decision to exercise enforcement discretion in this matter is specific to the facts of this incident. This case is now closed. WITHDRAWAL OF COMPLIANCE ORDER The Notice proposed a compliance order with respect to Item 1 in the Notice for Respondent’s alleged violation of 49 C.F.R. § 192.167(a)(4) for failing to have an emergency shutdown system for an attended compressor station that is operable from at least two locations that are near exit gates which is also withdrawn. Under 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final Order to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. The written petition must be received no later than 20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a statement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.243. The terms of the order, including corrective action, remain in effect unless the Associate Administrator, upon request, grants a stay. The terms and conditions of this Final Order are effective upon service in accordance with 49 C.F.R. § 190.5. ___________________________________ __________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#