{"operation":"document","citation":"CPF 12024006NOA","title":"UGI ENERGY SERVICES — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-02-15","effective_on":null,"summary":"CLOSED notice of amendment citing 192.631(a)(1), 192.631(e)(5).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024006noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024006noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024006noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12024006NOA","body":"Notice of Amendment involving UGI ENERGY SERVICES. PHMSA's enforcement data identifies the cited regulations as 192.631(a)(1),  192.631(e)(5). The case was opened on 2024-02-15 and is reported as closed as of 2024-05-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12024006NOA_Closure Letter_05072024_(22-233371).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024006NOA/12024006NOA_Closure%20Letter_05072024_(22-233371).pdf\n\n12024006NOA_Closure Letter_05072024_(22-233371)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024006NOA/12024006NOA_Closure%20Letter_05072024_(22-233371)_text.pdf\n\n12024006NOA_Notice of Amendment_02152024_(22-233371).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024006NOA/12024006NOA_Notice%20of%20Amendment_02152024_(22-233371).pdf\n\n12024006NOA_Notice of Amendment_02152024_(22-233371)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024006NOA/12024006NOA_Notice%20of%20Amendment_02152024_(22-233371)_text.pdf\n\n12024006NOA_Operator Response to Notice_03072024_(22-233371).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024006NOA/12024006NOA_Operator%20Response%20to%20Notice_03072024_(22-233371).pdf\n\n12024006NOA_Notice of Amendment_02152024_(22-233371)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nFebruary 15, 2024\nMr. Joseph Hartz\nPresident\nUGI Energy Services\n835 Knitting Mills Way\nWyomissing, PA 19610\nCPF 1-2024-006-NOA\nDear Mr. Hartz:\nFrom October 3, 2022, to October 6, 2022, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\nconducted an on-site inspection of UGI Energy Services’ (UGI) procedures and records for control\nroom management of its central gas control room in Wyomissing, Pennsylvania.\nAs a result of the inspection, PHMSA has identified an apparent inadequacy found within UGI’s\nplans or procedures. The items inspected and the inadequacy are described below:\n1. § 192.631 Control Room Management.\n(a) General.\n(1) This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or\npart of a pipeline facility through a SCADA system. Each operator\nmust have and follow written control room management procedures\nthat implement the requirements of this section…\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\n\n\n\nyear, but at intervals not to exceed 15 months, that will assure\ncontrollers have sufficient time to analyze and react to incoming\nalarms;\nUGI’s written control room management procedures were inadequate. Specifically, UGI’s Central\nGas Control Room Management Plan, published 1/16/2020, failed to include provisions to monitor\nthe content and volume of general activity being directed to and required of each controller at least\nonce each calendar year, but at intervals not exceeding 15 months, to assure controllers have\nsufficient time to analyze and react to incoming alarms.\nDuring the inspection, PHMSA requested to review UGI’s procedures for monitoring and\nanalyzing the general activity of the controllers pursuant to § 192.631(e)(5). UGI referred PHMSA\nto Section 4.0.8, Alarm Load Monitoring, of its Gas Control Procedures Section 4.0 - Alarm\nManagement Plan as containing the required provisions. This section stated “[a] comprehensive\ncontroller workload review, including alarm load, will be performed once each calendar year but\nat intervals not to exceed 15 months. The Hickory Bend Operations manager will provide the\nappropriate data from the Ignition SCADA system so that it may be appropriately factored into\nthis review.”\nHowever, this procedure failed to provide the actual provisions of how the monitoring of content\nand volume of general activity being directed to and required of each controller is conducted or\nidentified, in order to be able to conduct a compliant required evaluation that will assure controllers\nhave sufficient time to analyze and react to incoming alarms. The requirement for conducting the\nrequired evaluation at least every 15 months includes monitoring all activities directed at a\ncontroller, including non-alarm management tasks, and the written procedure failed to describe\nhow the workload study must be conducted to ensure a consistent and comprehensive review is\ncompleted. UGI’s procedures didn’t identify any specific provisions or relevant activities directed\nat a controller, but rather just generically referred to “appropriate” data being provided to be\n“appropriately factored into this review” without any further specificity.\nTherefore, UGI’s written control room management procedures were inadequate. UGI must revise\nits procedures to include adequate details on how it monitors the content and volume of general\nactivity being directed to and required of each controller to assure controllers have sufficient time\nto analyze and react to incoming alarms.\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\n\n\n\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 UGI maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures)\nand 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-\n2024-006-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\n\n12024006NOA_Closure Letter_05072024_(22-233371)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nMay 7, 2024\nMr. Joseph Hartz\nPresident\nUGI Energy Services\n835 Knitting Mills Way\nWyomissing, PA 19610\nCPF 1-2024-006-NOA\nDear Mr. Hartz:\nFrom October 3, 2022, to October 6, 2022, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\nconducted an on-site inspection of UGI Energy Services’ (UGI) procedures and records for control\nroom management of its central gas control room in Wyomissing, Pennsylvania. As a result of the\ninspection, UGI was issued a Notice of Amendment on February 15, 2024, which proposed\namendment of your procedures.\nUGI submitted its amended procedures on March 7, 2024. 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\nCc: Jeremy Kuhn < jkuhn@ugies.com>","truncated":false,"body_characters":8948}