{"operation":"document","citation":"CPF 12024008WL","title":"COLUMBIA GULF TRANSMISSION LLC � CARTER CREEK FACILITIES — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-01-18","effective_on":null,"summary":"CLOSED warning letter citing 192.745(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024008wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024008wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024008wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12024008WL","body":"Warning Letter involving COLUMBIA GULF TRANSMISSION LLC � CARTER CREEK FACILITIES. PHMSA's enforcement data identifies the cited regulation as 192.745(a). The case was opened on 2024-01-18 and is reported as closed as of 2024-01-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12024008WL_Warning Letter_01182024_(23-264052).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024008WL/12024008WL_Warning%20Letter_01182024_(23-264052).pdf\n\n12024008WL_Warning Letter_01182024_(23-264052)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024008WL/12024008WL_Warning%20Letter_01182024_(23-264052)_text.pdf\n\n12024008WL_Warning Letter_01182024_(23-264052)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nJanuary 18, 2024\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 1-2024-008-WL\nDear Ms. Faraca:\nFrom August 8 to 10, 2023, at an onsite inspection in Omaha, Nebraska, representatives of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States\nCode (U.S.C.) inspected the operator qualification records applicable to multiple TC Energy units,\nwhich included Columbia Gulf Transmission LLC – Carter Creek Facilities (CGTCC) in Uinta County,\nWyoming.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the probable\nviolation is:\n1. § 192.745 Valve maintenance: Transmission lines.\n(a) Each transmission line valve that might be required during any\nemergency must be inspected and partially operated at intervals not\nexceeding 15 months, but at least once each calendar year.\nCGTCC failed to inspect and partially operate transmission line valves that might be required during\nan emergency at intervals not to exceed 15 months, but at least once each calendar year as required by\n§ 192.745(a).\nDuring the inspection, PHMSA requested the records related to designated emergency transmission\nvalves falling under § 192.745(a) inspection requirements for the Carter Creek Facilities located in\nUinta County, Wyoming. CGTCC could not provide any 2022 valve inspection reports and stated that\nrecords were not available due to contractor staff turn-over. CGTCC provided pre-inspection OQ\nrecords; however, there was no evidence to indicate that the § 192.745(a) inspections were performed\n\n\n\nin 2022. Additionally, 2021 records provided for the Carter Creek valve inspections indicated that 9\nout of 11 emergency valves had not been partially operated as required by § 192.745(a).\nTherefore, CGTCC failed to inspect and partially operate transmission line valves that might be\nrequired in an emergency for its Carter Creek facilities in accordance with § 192.745(a) during the\nyears 2021 and 2022.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022 and before January 6, 2023,\nthe maximum penalty may not exceed $239,142 per violation per day the violation persists, up to a\nmaximum of $2,391,142 for a related series of violations. For violation occurring on or after May 3,\n2021 and before March 21, 2022, the maximum penalty may not exceed $225,134 per violation per\nday the violation persists, up to a maximum of $2,251,334 for a related series of violations. For\nviolation occurring on or after January 11, 2021 and before May 3, 2021, the maximum penalty may\nnot exceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a\nrelated series of violations. For violation occurring on or after July 31, 2019 and before January 11,\n2021, the maximum penalty may not exceed $218,647 per violation per day the violation persists, up\nto a maximum of $2,186,465 for a related series of violations. For violation occurring on or after\nNovember 27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per\nviolation per day, with a maximum penalty not to exceed $2,132,679. For violation occurring on or\nafter November 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the item identified in this letter. Failure to do so will result in Columbia Gulf\nTransmission LLC – Carter Creek Facilities being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF\n1-2024-008-WL. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive material\nqualifies for confidential treatment under 5 U.S.C. § 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nCc: Daniel Cerkoney <dan_cerkoney@tcenergy.com>\nAmy Willis <amy_willis@tcenergy.com>","truncated":false,"body_characters":5827}