{"operation":"document","citation":"CPF 12023060NOA","title":"NORTH BAJA PIPELINE LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-11-09","effective_on":null,"summary":"CLOSED notice of amendment citing 192.303.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023060noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023060noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023060noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023060NOA","body":"Notice of Amendment involving NORTH BAJA PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 192.303. The case was opened on 2023-11-09 and is reported as closed as of 2023-12-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023060NOA_Closure Letter_12192023_(23-266296).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023060NOA/12023060NOA_Closure%20Letter_12192023_(23-266296).pdf\n\n12023060NOA_Closure Letter_12192023_(23-266296)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023060NOA/12023060NOA_Closure%20Letter_12192023_(23-266296)_text.pdf\n\n12023060NOA_Notice of Amendment_11092023_(23-266296).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023060NOA/12023060NOA_Notice%20of%20Amendment_11092023_(23-266296).pdf\n\n12023060NOA_Notice of Amendment_11092023_(23-266296)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023060NOA/12023060NOA_Notice%20of%20Amendment_11092023_(23-266296)_text.pdf\n\n12023060NOA_Operator Response to Notice _12052023_(23-266296).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023060NOA/12023060NOA_Operator%20Response%20to%20Notice%20_12052023_(23-266296).pdf\n\n12023060NOA_Closure Letter_12192023_(23-266296)_text.pdf\n\nVIA ELECTRONIC MAIL TO: tina faraca@tcenergy.com\nDecember 19, 2023\nMs. Tina Faraca\nExecutive Vice-President & President, U.S. Natural Gas Pipelines\nNorth Baja Pipeline, LLC., a subsidiary of TC Energy Corporation\n700 Louisiana Street\nHouston, Texas 77002\nCPF 1-2023-060-NOA\nDear Ms. Faraca:\nFrom March 14, 2023 to March 16, 2023, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of North Baja Pipeline, LLC’s (North Baja)\nprocedures in Charleston, WV. As a result of the inspection, North Baha was issued a Notice of\nAmendment on November 9, 2023, which proposed amendment of your procedures.\nTC Energy, on behalf of its subsidiary, North Baja Pipeline, LLC, submitted its amended\nprocedures on December 5, 2023. My staff reviewed the amended procedures, and it appears that\nthe inadequacies outlined in this Notice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nP.P\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Daniel Cerkoney <dan_cerkoney@tcenergy.com>\nAmy Willis <amy_willis@tcenergy.com>\n\n12023060NOA_Notice of Amendment_11092023_(23-266296)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nNovember 9, 2023\nMs. Tina Faraca\nExecutive Vice-President & President, U.S. Natural Gas Pipelines\nNorth Baja Pipeline, LLC., a subsidiary of TC Energy Corporation\n700 Louisiana Street\nHouston, Texas 77002\nCPF 1-2023-060-NOA\nDear Ms. Faraca:\nFrom March 14, 2023 to March 16, 2023, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected North Baja Pipeline, LLC’s (North Baja) procedures for construction in Charleston, WV\nduring the on-site combined TC Energy construction inspection kick-off meeting,\nAs a result of the inspection, PHMSA has identified the apparent inadequacy found within North\nBaja’s plans or procedures. The item inspected and the inadequacy is described below:\n1. § 192.303 Compliance with specifications or standards.\nEach transmission line or main must be constructed in accordance\nwith comprehensive written specifications or standards that are\nconsistent with this part.\nNorth Baja’s written specifications or standards required by §§ 192.303 and 192.167(a)(4)1 are\ninadequate to assure pipeline safety. Specifically, the North Baja’s procedure TEN-PE-FCSTD-G\n1 § 192.167 Compressor stations: Emergency shutdown.\n(a) Except for unattended field compressor stations of 1,000 horsepower (746 kilowatts) or less, each compressor\nstation must have an emergency shutdown system that meets the following:\n(1) …\n(4) It must be operable from at least two locations, each of which is:\n(i) Outside the gas area of the station;\n(ii) Near the exit gates, if the station is fenced, or near emergency exits, if not fenced; and\n(iii) Not more than 500 feet (153 meters) from the limits of the station.\n\n\n\nCompressor Station Facility Design (US), Item ID: 1020406812, Rev.: 00, Approval Date: 2022-\nJan-18 (TC Energy Compressor Station Design Specifications or Specifications), did not specify\nthe requirements for locating the compressor station emergency shutdown system that is operable\nfrom at least two locations, as required by § 192.167(a)(4).\nDuring the inspection, PHMSA requested written specifications requiring that compressor station\nemergency shutdown systems meet the requirements of § 192.167. North Baja presented TC\nEnergy Compressor Station Design Specifications; however, the Specifications did not detail the\nrequirements of § 192.167(a)(4).\nTherefore, North Baja’s written specifications or standards required by §§ 192.303\nand 192.167(a)(4) are inadequate to assure pipeline safety.\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.\nIt is requested (not mandated) that North Baja Pipeline, LLC maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 1-2023-060-NOA and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\n\n\n\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings","truncated":false,"body_characters":7740}