{"operation":"document","citation":"CPF 12024011WL","title":"PUGET SOUND ENERGY — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-02-15","effective_on":null,"summary":"CLOSED warning letter citing 192.12(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024011wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024011wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024011wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12024011WL","body":"Warning Letter involving PUGET SOUND ENERGY. PHMSA's enforcement data identifies the cited regulation as 192.12(c). The case was opened on 2024-02-15 and is reported as closed as of 2024-02-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12024011WL_Warning Letter_02152024_(23-264017).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024011WL/12024011WL_Warning%20Letter_02152024_(23-264017).pdf\n\n12024011WL_Warning Letter_02152024_(23-264017)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024011WL/12024011WL_Warning%20Letter_02152024_(23-264017)_text.pdf\n\n12024011WL_Warning Letter_02152024_(23-264017)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nFebruary 15, 2024\nMs. Mary Kipp\nPresident and Chief Executive Officer\nPuget Sound Energy\n355 110th Ave NE\nBellevue, Washington 98004\nCPF 1-2024-011-WL\nDear Ms. Kipp:\nFrom July 18, 2023 through July 20, 2023, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nPuget Sound Energy’s (PSE) Jackson Prairie Storage Facility in Lewis County, Washington.\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. § 192.12 Underground natural gas storage facilities.\n(a)…\n(c) Procedural manuals. Each operator of a UNGSF must prepare and\nfollow for each facility one or more manuals of written procedures for\nconducting operations, maintenance, and emergency preparedness and\nresponse activities under paragraphs (a) and (b) of this section. Each\noperator must keep records necessary to administer such procedures and\nreview and update these manuals at intervals not exceeding 15 months, but\nat least once each calendar year. Each operator must keep the appropriate\nparts of these manuals accessible at locations where UNGSF work is being\nperformed. Each operator must have written procedures in place before\ncommencing operations or beginning an activity not yet implemented.\nPSE failed to follow its manual of written procedures for conducting activities under § 192.12(b).\nSpecifically, PSE failed to perform annual wellsite inspections in accordance with its Jackson Prairie\nGas Storage Procedures (JPGSP), Section 16.1.1, Annual Wellsite Inspection (Section 16.1.1).\n\n\n\nThe JPGSP, Section 16.1.1 stated in part, “An inspection of all JPGS wellheads is conducted within\neach calendar year by the JPGS Operator.”\nDuring the inspection, PHMSA reviewed the annual wellsite inspection records. The inspections were\ndocumented to have occurred every 2 years and not annually as required.\nTherefore, PSE failed to comply with § 192.12(c) by not following its JPGSP, Section 16.1.1.\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 Puget Sound Energy being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF\n1-2024-011-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","truncated":false,"body_characters":5577}