{"operation":"document","citation":"CPF 12024020WL","title":"ANR PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-03-01","effective_on":null,"summary":"CLOSED warning letter citing 192.616(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024020wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024020wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024020wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12024020WL","body":"Warning Letter involving ANR PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 192.616(c). The case was opened on 2024-03-01 and is reported as closed as of 2024-03-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12024020WL_Warning Letter_03012024_(23-263952).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024020WL/12024020WL_Warning%20Letter_03012024_(23-263952).pdf\n\n12024020WL_Warning Letter_03012024_(23-263952)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024020WL/12024020WL_Warning%20Letter_03012024_(23-263952)_text.pdf\n\n12024020WL_Warning Letter_03012024_(23-263952)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: tina faraca@tcenergy.com\nMarch 1, 2024\nMs. Tina Faraca\nExecutive Vice-President & President, U.S. Natural Gas Pipelines\nANR Pipeline Co\n700 Louisiana Street\nHouston, Texas 77002\nCPF 1-2024-020-WL\nDear Ms. Faraca:\nFrom June 13, 2023 through July 14, 2023, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected ANR Pipeline Co’s (ANR) procedures and records for its public awareness\nprogram in Tinley, Illinois.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 192.616 Public awareness.\n(a) …\n(c) The operator must follow the general program\nrecommendations, including baseline and supplemental requirements\nof API RP 1162, unless the operator provides justification in its\nprogram or procedural manual as to why compliance with all or certain\nprovisions of the recommended practice is not practicable and not\nnecessary for safety.\nANR failed to follow the general program recommendations of API RP 1162. Specifically, ANR\nfailed to identify Corby Energy Services (CES) as a stakeholder recipient of their Public\nAwareness mailing distribution program and provide baseline messaging at the required frequency\nin accordance with API RP 1162, Section 3 and Table 2-1.\n\n\n\nAPI RP 1162, Section 3 discusses the initial task in developing a Public Awareness Program of\nidentifying the audience(s) that should receive the program’s messages, which includes the\nExcavator stakeholder group defined in Section 3.4. This group includes “Companies and\nlocal/state government agencies who are involved in any form of excavation activities.” Table 2-\n1 defines the message type, frequency, and delivery methods/media for all stakeholder groups,\nincluding Excavators/Contractors.\nDuring the inspection, PHMSA requested to review ANR’s message delivery mail-out records\nfrom 2020-2023, including the records for a selected, known excavator identified as CES. ANR\nwas unable to provide records of message delivery to CES for 2020-2022, with only records for\n2023 being available.\nRecords provided by ANR indicated that the State Miss Dig program did not provide a mailing\naddress for CES. However, the documentation included working phone numbers for the 11 tickets\ncalled by CES between 2020 - 2022. ANR could have utilized this information to obtain mailing\naddress information for CES.\nTherefore, ANR failed to follow the general recommendations of API RP 1162 by failing to\nidentify and provide public awareness communication to a known excavator between the years\n2020 – 2022 as required by § 192.616(c).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a related\nseries of violations. For violation occurring on or after January 6, 2023 and before December 28,\n2023, the maximum penalty may not exceed $257,664 per violation per day the violation persists,\nup to a maximum of $2,576,627 for a related series of violations. For violation occurring on or\nafter March 21, 2022 and before January 6, 2023, the maximum penalty may not exceed $239,142\nper violation per day the violation persists, up to a maximum of $2,391,142 for a related series of\nviolations. For violation occurring on or after May 3, 2021 and before March 21, 2022, the\nmaximum penalty may not exceed $225,134 per violation per day the violation persists, up to a\nmaximum of $2,251,334 for a related series of violations. For violation occurring on or after\nJanuary 11, 2021 and before May 3, 2021, the maximum penalty may not exceed $222,504 per\nviolation per day the violation persists, up to a maximum of $2,225,034 for a related series of\nviolations. For violation occurring on or after July 31, 2019 and before January 11, 2021, the\nmaximum penalty may not exceed $218,647 per violation per day the violation persists, up to a\nmaximum 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.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in ANR\nPipeline Co being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2024-020-WL. Be advised that all material you submit in response to this enforcement\n\n\n\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential 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":6239}