{"operation":"document","citation":"CPF 12023046NOA","title":"ANR PIPELINE CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2023-10-31","effective_on":null,"summary":"OPEN notice of amendment citing 192.605(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023046noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023046noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023046noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023046NOA","body":"Notice of Amendment involving ANR PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 192.605(b)(1). The case was opened on 2023-10-31 and is reported as open. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023046NOA_Consent Agreement and Order_08032026_(22-233293).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023046NOA/12023046NOA_Consent%20Agreement%20and%20Order_08032026_(22-233293).pdf\n\n12023046NOA_Consent Agreement and Order_08032026_(22-233293)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023046NOA/12023046NOA_Consent%20Agreement%20and%20Order_08032026_(22-233293)_text.pdf\n\n12023046NOA_Notice of Amendment_10312023_(22-233293).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023046NOA/12023046NOA_Notice%20of%20Amendment_10312023_(22-233293).pdf\n\n12023046NOA_Notice of Amendment_10312023_(22-233293)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023046NOA/12023046NOA_Notice%20of%20Amendment_10312023_(22-233293)_text.pdf\n\n12023046NOA_Operator Post-Hearing Brief_08092024_(22-233293).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023046NOA/12023046NOA_Operator%20Post-Hearing%20Brief_08092024_(22-233293).pdf\n\n12023046NOA_Operator RtN SoI Req Informal Mtg Hearing_11292023_(22-233293).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023046NOA/12023046NOA_Operator%20RtN%20SoI%20Req%20Informal%20Mtg%20Hearing_11292023_(22-233293).pdf\n\n12023046NOA_Operator Withdrawal of Hearing Request_06122026_(22-233293).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023046NOA/12023046NOA_Operator%20Withdrawal%20of%20Hearing%20Request_06122026_(22-233293).pdf\n\n12023046NOA_PHC Hearing Scheduled_01092024_(22-233293).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023046NOA/12023046NOA_PHC%20Hearing%20Scheduled_01092024_(22-233293).pdf\n\n12023046NOA_PHC Hearing Scheduled_01092024_(22-233293)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023046NOA/12023046NOA_PHC%20Hearing%20Scheduled_01092024_(22-233293)_text.pdf\n\n12023046NOA_Notice of Amendment_10312023_(22-233293)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nOctober 31, 2023\nMs. Tina Faraca\nPresident and Executive Vice President, US Natural Gas Pipelines\nANR Pipeline Company\n700 Louisiana Street\nHouston, Texas 77002\nCPF 1-2023-046-NOA\nDear Ms. Faraca:\nFrom March 14 to November 3, 2022, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected ANR\nPipeline Co’s (ANR) procedures for maintenance and normal operations as part of an integrated\ninspection of ANR’s pipeline system identified by PHMSA as inspection system #1168.\nAs a result of the inspection, PHMSA has identified the apparent inadequacy found within ANR’s\nplans or procedures. The item inspected and the inadequacy is described below:\n1. 49 C.F.R. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(b) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following, if\napplicable, to provide safety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance\nwith each of the requirements of this subpart and Subpart M of this part.\nANR’s manual of written procedures for operating and maintaining its pipeline in accordance with\nrequirements of Subpart M of 49 CFR Part 192 were inadequate to assure safe operation of a pipeline\nfacility. Specifically, ANR’s maintenance procedures for inspecting and testing relief devices pursuant\nto §§ 192.731, 192.739, and 192.743 failed to include provisions for inspecting and testing each\npressure relieving device in a compressor station at the required intervals not exceeding 15 months,\nbut at least once each calendar year.\nDuring the inspection, PHMSA requested ANR’s procedures regarding testing and inspection of relief\n\n\n\ndevices. ANR provided the following documents as its Operations and Maintenance Manual (O&M)\nand supplements to its O&M:\n• 192.739 Pressure Limiting and Reg Stations - Inspect and Test (O&M)\n• 192.743 Pressure Limiting and Reg Sta - Capacity of Relief Devices (O&M)\n• TEC-ME-OPP-G_Overpressure_Protection_Commentary_US (Presented by ANR as\nsupporting document, but unreferenced in O&M)\n• Safety_Relief_Valve_Inspection_USGO_US – TC Energy Work Task Package (Referenced\nin O&M)\nSection 192.731(a) requires, in part, that “. . . each pressure relieving device in a compressor station\nmust be inspected and tested in accordance with §§192.739 and 192.743 . . .” (emphasis added). In\nreviewing “Table 2-4: Test and Inspection Frequencies” in the ANR document titled TEC-ME-OPP-\nG_Overpressure_Protection_Commentary_US, ANR incorrectly lists safety relief valves at its\ncompressor stations as being in “non-OPP service” and/or not being subject to the requirements of\napplicable sections of Part 192. The relief valves are installed to protect pressure vessels, pipe and\nfittings that are located between equipment isolating valves These relief valves under consideration\nare over-pressure protection devices that are designed and installed to protect gas transportation\nequipment from a scenario of thermal expansion of natural gas and natural gas liquids that could over\npressure pipeline transportation equipment and/or its connected pipe and fittings when subjected to\nheat due to exposure to sun or fire. ANR fails to subject these certain relief valves designed and\ninstalled to protect transportation pipeline equipment to the inspection and testing frequencies required\nby the applicable sections of Part 192 listed above.\nAs such, and by way of ANR declassifying relief valves that are subject to PHMSA jurisdiction under\n§ 192.731(a)1, ANR failed to follow the §§ 192.7392 and 192.7433 inspection and testing frequencies\nlisted in its O&M procedures titled 192.739 Pressure Limiting and Reg Stations - Inspect and Test, and\n192.743 Pressure Limiting and Reg Sta - Capacity of Relief Devices.\nTherefore, ANR’s procedures required by § 192.605(b)(1) were inadequate. ANR must revise its\nprocedures to address the issues noted above and to properly classify its pipeline transportation\nequipment safety relief valves.\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 part\nof 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 submit\nin response to this enforcement action is subject to being made publicly available. If you believe that\nany portion of your responsive material qualifies for confidential treatment under 5 U.S.C. § 552(b),\nalong with the complete original document you must provide a second copy of the document with the\nportions you believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised procedures,\nor a request for a hearing under §190.211. If you do not respond within 30 days of receipt of this\nNotice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes\n\n\n\nthe Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further\nnotice to you and to issue an Order Directing Amendment. If your plans or procedures are found\ninadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct\nthe inadequacies (49 C.F.R. § 190.206). If you are not contesting this Notice, we propose that you\nsubmit your amended procedures to my office within 30 days of receipt of this Notice. This period\nmay be extended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that ANR Pipeline Co maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and Hazardous\nMaterials Safety Administration. In correspondence concerning this matter, please refer to CPF 1-\n2023-046-NOA and, for each document you submit, please provide a copy in electronic format\nwhenever possible.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n1 §192.731 Compressor stations: Inspection and testing of relief devices.\n(a) Except for rupture discs, each pressure relieving device in a compressor station must be inspected and tested in accordance\nwith §§192.739 and 192.743, and must be operated periodically to determine that it opens at the correct set pressure.\n2 §192.739 Pressure limiting and regulating stations: Inspection and testing.\n(a) Each pressure limiting station, relief device (except rupture discs), and Pressure regulating station and its equipment must be\nsubjected at intervals not exceeding 15 months, but at least once each calendar year, to inspections and tests to determine that it\nis-\n(1) In good mechanical condition;\n(2) Adequate from the standpoint of capacity and reliability of operation for the service in which it is employed;\n(3) Except as provided in paragraph (b) of this section, set to control or relieve at the correct pressure consistent with the pressure\nlimits of §192.201(a); and\n(4) Properly installed and protected from dirt, liquids, or other conditions that might prevent proper operation.\n3 §192.743 Pressure limiting and regulating stations: Capacity of relief devices\n(a) Pressure relief devices at pressure limiting stations and pressure regulating stations must have sufficient capacity to protect\nthe facilities to which they are connected. Except as provided in §192.739(b), the capacity must be consistent with the pressure\nlimits of §192.201(a). This capacity must be determined at intervals not exceeding 15 months, but at least once each calendar\nyear, by testing the devices in place or by review and calculations.\n\n12023046NOA_PHC Hearing Scheduled_01092024_(22-233293)_text.pdf\n\nJanuary 9, 2024\nVIA ELECTRONIC MAIL TO: kcoyle@babstcalland.com and robert.burrough@dot.gov\nMr. Keith Coyle\nCounsel for ANR Pipeline Company\nBabst Calland Attorneys at Law\n505 9th Street NW, Suite 602\nWashington, DC 20004\nMr. Robert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\nRe: Notice of Hearing, ANR Pipeline Company\nCPF No. 1-2023-046-NOA\nDear Mr. Coyle and Mr. Burrough:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nAmendment issued by the Pipeline and Hazardous Materials Safety Administration in the above-\nreferenced case. The hearing will take place on July 10th, 2024, beginning at 8:30 a.m. Eastern\nTime.\nThe hearing will be held at the PHMSA Eastern Region office, 840 Bear Tavern Road, Suite 300,\nWest Trenton, NJ 08628. Upon arrival at the building, attendees will be required to present photo\nidentification to security personnel. A contact phone number for the day of the hearing is (609)\n989-2171.\nAt least 10 calendar days prior to the hearing (or by July 1, 2024), both parties must submit and\nexchange any additional written materials they intend to present at the hearing and the name and\nemail address of each attendee. This information should be provided electronically. Materials not\nsubmitted by this date may be excluded. If you have any questions, please do not hesitate to contact\nme.\nSincerely,\nLarry White\nPresiding Official\n\n\n\ncc: Ms. Amy Willis, Director, U.S. Regulatory Compliance, U.S. Natural Gas, ANR Pipeline\nCompany, amy_willis@tcenergy.com\nMr. Joseph St. Peter, OPS Eastern Region Counsel, PHMSA, joseph.st.peter@dot.gov\n\n12023046NOA_Consent Agreement and Order_08032026_(22-233293)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials\nSafety Administration\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590\nAugust 3, 2026\nVIA ELECTRONIC MAIL TO: David_brast@tcenergy.com\nDavid Brast\nPresident/Chief Executive Officer\nANR Pipeline Company\n700 Louisiana St.\nHouston, TX 77002\nCPF No. 1-2023-046-NOA; 1-2023-47-NOPV\nDear Mr. Brast,\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement between\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA) and ANR Pipeline\nCompany, which was executed on July 20, 2026. Service of the Consent Order and Consent\nAgreement by electronic mail is deemed effective upon the date of transmission and\nacknowledgement of receipt, or as otherwise provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nPaul Roberti\nAdministrator\nEnclosure: Consent Order and Consent Agreement\ncc: Robert Burrough, Region Director, Eastern Region, Office of Pipeline Safety, PHMSA\nBrianne Kurdock, Counsel for ANR, Babst Calland, bkurdock@babstcalland.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\n)\n)\nANR Pipeline Company, ) CPF No. 1-2023-047-NOPV\n) 1-2023-046-NOA\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letters dated October 31, 2023 and December 4, 2023, respectively, pursuant to 49 CFR §§\n190.206 and 190.207, the Pipeline and Hazardous Materials Safety Administration (PHMSA),\nOffice of Pipeline Safety (OPS), issued a Notice of Amendment (NOA) and a Notice of Probable\nViolation and Proposed Compliance Order (NOPV) (together, Notices) to ANR Pipeline\nCompany (ANR or Respondent).\nIn response to the Notices, Respondent contested the alleged violations and the proposed\ncompliance order in the NOPV, as well as the alleged inadequacy in the NOA, and requested a\nhearing (Responses). Respondent also requested to meet informally with PHMSA to discuss the\nmatters raised in its Responses. Respondent and PHMSA (the Parties) subsequently met, but\nwere unable to resolve the allegations. On July 10, 2024, PHMSA conducted a hearing\nconcerning the allegations contained in the Notices. Following the hearing, the Parties agreed to\nrevisit settlement discussions. As a result of those discussions, the Parties have agreed to a\nConsent Agreement by which PHMSA withdraws the NOA and Item 2 of the NOPV, makes a\nfinding of violation for Item 1 as alleged in the NOPV, and Respondent will complete certain\ncompliance actions.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order issued pursuant to § 190.219. ANR is hereby ordered to comply with the terms of\nthe Consent Agreement pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to\ncomply with this Consent Order may result in the assessment of civil penalties as set forth in\n49 U.S.C. § 60122 and 49 CFR § 190.223, or in referral to the Attorney General for appropriate\nrelief in a district court of the United States. The terms and conditions of this Consent Order are\neffective upon service in accordance with 49 CFR § 190.5.\n______________________ ______________________\nPaul Roberti Date Issued\nAdministrator\n\n\n\nCPF Nos. 1-2023-046-NOA and 1-2023-047-NOPV\nPage 1\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\n)\n)\nANR Pipeline Company, ) CPF Nos. 1-2023-047-NOPV\n) 1-2023-046-NOA\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nFrom March 14 through November 3, 2022, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of Title 49, United States Code (U.S.C.), conducted an on-site pipeline safety inspection of\nthe facilities and records of ANR Pipeline Company (ANR or Respondent) in Mississippi,\nTennessee, Arkansas, Louisiana and Kentucky.\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letters dated October 31, 2023 and December 4, 2023, respectively, a Notice of Amendment\n(NOA) and Notice of Probable Violation and Proposed Compliance Order (NOPV) (together,\nNotices). In accordance with 49 CFR § 190.206, the NOA alleged that ANR’s manual of written\nprocedures was inadequate to ensure safe operation of a pipeline facility. In accordance with 49\nCFR § 190.207, the NOPV proposed finding that ANR committed two violations of 49 CFR Part\n192 (Items 1 – 2), and proposed ordering Respondent to take certain measures to correct the\nalleged violations.\nTC Energy, on behalf of Respondent, responded to the NOA by letter dated November 29, 2023,\nand to the NOPV by letter dated January 16, 2024 (Responses). Respondent contested both\nalleged violations and the proposed compliance order in the NOPV, as well as the alleged\ninadequacy in the NOA, and requested a hearing. TC Energy also requested to meet informally\nwith PHMSA to discuss the matters raised in its Responses. PHMSA and Respondent (the\nParties) subsequently met to discuss the issues raised in the Responses, but were unable to\nresolve the allegations. On July 10, 2024, PHMSA conducted a hearing concerning the\nallegations contained in the Notices. Following the hearing, the Parties agreed to revisit\nsettlement discussions.\nAs a result of those discussions and as explained in more detail below, the Parties have agreed to\na Consent Agreement by which PHMSA withdraws the NOA and Item 2 of the NOPV, makes a\n\n\n\nCPF Nos. 1-2023-046-NOA and 1-2023-047-NOPV\nPage 2\nfinding of violation for Item 1 as alleged in the NOPV, and Respondent will complete certain\ncompliance actions.\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation and will serve the public interest by promoting safety and protection of the\nenvironment, pursuant to 49 U.S.C. § 60101, et seq. and 49 CFR Part 190, and upon consent and\nagreement, the Parties hereby agree as follows:\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notices, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent\nacknowledges that it received proper notice of PHMSA’s action in this proceeding and that the\nNotices states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq.,\nand the regulations and orders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending\nthat the Associate Administrator adopt the terms of this Agreement by issuing an administrative\norder (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement\nconstitute an offer of settlement until accepted by the Associate Administrator. Once accepted, the\nAssociate Administrator will issue a Consent Order incorporating the terms of this Agreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives\nany further procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except for the Dispute Resolution\nprovisions set forth herein. Respondent agrees to notify the Presiding Official that the Parties\nhave resolved this matter via Consent Agreement.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement to all of\nRespondent’s officers, employees, and agents whose duties might reasonably include compliance\nwith this Agreement.\n5. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements or understandings relating\nto settlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notices.\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\n\n\n\nCPF Nos. 1-2023-046-NOA and 1-2023-047-NOPV\nPage 3\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA’s right of access, entry, inspection, and information gathering or PHMSA’s authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a permit,\nor a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Except as set forth herein, this Agreement does not constitute a finding of\nviolation of any other federal law or regulation and may not be used in any civil proceeding of\nany kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any\nlaw, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this\nAgreement or in future PHMSA enforcement actions.\nII. Finding of Violation:\nA. 1-2023-047-NOPV\n11. Item 1 - 49 CFR § 192.707(a)(2): The Notice alleged ANR failed to place and\nmaintain as close as practical pipeline markers described by § 192.707(d) over each buried main\nand transmission line wherever necessary to identify the location of the transmission line or main\nto reduce the possibility of damage or interference. Specifically, the Notice alleged that\nRespondent failed to install line markers on Unit #s 2002, 1062, and 1052, located in Kentucky,\nTennessee, and Mississippi, respectively. Respondent contested the allegation of violation as\nalleged in the Notice, but, for purposes of settlement, has agreed to accept the finding of\nviolation. As such, PHMSA finds a violation of 49 CFR § 192.707(a)(2).\n12. Item 1 will be considered by PHMSA as a prior offense in any future PHMSA\nenforcement action taken against Respondent for the five-year period following the Effective Date\nof this Agreement.\n\n\n\nCPF Nos. 1-2023-046-NOA and 1-2023-047-NOPV\nPage 4\nIII. Items Withdrawn:\nA. 1-2023-047-NOPV\n13. Item 2 - 49 CFR § 192.731(a): With respect to Item 2 of the Notice, the Parties\nagree that this Item should be withdrawn following review of the facts and circumstances\nsurrounding the use of the relief devices referred to in the NOPV. Because this Item is\nwithdrawn, it will not constitute a finding of violation for any purpose, and no further action by\nRespondent is necessary with respect to this Item. As such, the allegation of violation for Item 2\nand the proposed compliance order associated with this Item are withdrawn.\nB. 1-2023-046-NOA\n14. Item 1 - 49 CFR § 192.605(b)(1): With respect to Item 1 of the NOA, the Parties\nagree that this Item should be withdrawn following review of the facts and circumstances\nsurrounding the use of the relief devices referred to the NOA. Because this Item is withdrawn, no\nfurther action by Respondent is necessary with respect to this item. As such, the allegation of\ninadequacy for Item 1 is withdrawn.\nIV. Compliance Order:\nA. 1-2023-047-NOPV\n15. Item 1: The NOPV proposed certain compliance order actions to address the non-\ncompliance alleged in the NOPV. Respondent contested the Proposed Compliance Order, in part\nbecause it installed line markers at the locations referred to in the Proposed Compliance Order in\nSeptember 2022, prior to issuance of the NOPV, and in March 2024, prior to the hearing, and\nprovided documentation of the installation. PHMSA accepts Respondent’s records regarding the\ninstallation of the line markers, but, because of the passage of time since installation, determines\nthat verification of the continued presence of the line markers is necessary to ensure that\nRespondent is still in compliance. As such, Respondent agrees to verify that the line markers\npreviously installed remain in the field today. ANR will provide photographic evidence of those\nline markers to the Director within 90 days of the Effective Date of this Agreement.\nV. Enforcement:\n16. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 CFR Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $272,926 per violation for each day the violation continues and\nreferral of the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondent is not complying with the terms of this Agreement in accordance with the\ndeterminations made by the Director, or in accordance with decisions of the Associate\nAdministrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil\npenalty amounts are adjusted annually for inflation. See 49 CFR § 190.223. All work plans and\nassociated schedules set forth or referenced in Section IV (Compliance Order) are automatically\nincorporated into this Agreement and are enforceable in the same manner.\n\n\n\nCPF Nos. 1-2023-046-NOA and 1-2023-047-NOPV\nPage 5\nVI. Dispute Resolution:\n17. The Director and Respondent will informally attempt to resolve any disputes\narising under this Agreement, including any decision of the Director under the terms of Sections\nIV (Compliance Order). If Respondent and the Director are unable to informally resolve the\ndispute within 15 calendar days after the dispute is first raised, in writing, to the Director,\nRespondent may submit a written request for a determination resolving the dispute from the\nAssociate Administrator. Such request must be made in writing and provided to the Director,\ncounsel for the Eastern Region, and to the Associate Administrator, no later than 10 calendar\ndays from the 15-day deadline for informal resolution referenced in this paragraph. Along with\nits request, Respondent must provide the Associate Administrator with all information\nRespondent believes is relevant to the dispute. Decisions of the Associate Administrator under\nthis paragraph will constitute final agency action. The existence of a dispute and PHMSA’s\nconsideration of matters placed in dispute will not excuse, toll, or suspend any term or timeframe\nfor completion of any work to be performed under this Agreement during the pendency of the\ndispute resolution process.\nVII. Effective Date:\n18. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator incorporating the terms of this Agreement.\nVIII. Recordkeeping and Information Disclosure:\n19. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at\nleast five (5) years following completion of all work to be performed, unless a longer period of\ntime is required pursuant to 49 CFR parts 190-199. For any reports, plans, or other deliverables\nrequired to be submitted to PHMSA pursuant to this Agreement, Respondent may assert a claim\nof business confidentiality or other protections applicable to the release of information by\nPHMSA, covering part or all of the information required to be submitted to PHMSA pursuant to\nthis Agreement in accordance with 49 CFR Part 7. Respondent must mark the claim of\nconfidentiality in writing on each page, and include a statement specifying the grounds for each\nclaim of confidentiality. PHMSA determines release of any information submitted pursuant to\nthis Agreement in accordance with 49 CFR Part 7, the Freedom of Information Act, 5 U.S.C. §\n552, DOT and PHMSA policies, and other applicable regulations and Executive Orders.\nIX. Modification:\n20. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\nX. Termination:\n21. This Agreement will remain in effect until the Compliance Order in Section IV is\nsatisfied, as determined by the Director. The Agreement shall not terminate until the Director\n\n\n\nCPF Nos. 1-2023-046-NOA and 1-2023-047-NOPV\nPage 6\nconfirms, in writing, that the Agreement is terminated in accordance with this paragraph.\nNothing in this Agreement prevents Respondent from completing any of the obligations earlier\nthan the deadlines provided for in this Agreement.\nXI. Ratification:\n22. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n23. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n[Signature Lines on Following Page]\n\n\n\nCPF Nos. 1-2023-046-NOA and 1-2023-047-NOPV\nPage 7\nFor ANR Pipeline Company:\n___________________________________\nVice President, Operations Services, U.S. Natural Gas Pipelines\n________________________\nDate\nFor PHMSA:\n________________________________________\nDirector, Eastern Region, Office of Pipeline Safety\n________________________\nDate","truncated":false,"body_characters":31425}