{"operation":"document","citation":"CPF 12024042WL","title":"NORTHWEST NATURAL GAS CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-04-16","effective_on":null,"summary":"CLOSED warning letter citing 192.12(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024042wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024042wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024042wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12024042WL","body":"Warning Letter involving NORTHWEST NATURAL GAS CO. PHMSA's enforcement data identifies the cited regulation as 192.12(c). The case was opened on 2024-04-16 and is reported as closed as of 2024-04-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12024042WL_Warning Letter_04162024_(23-264007).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024042WL/12024042WL_Warning%20Letter_04162024_(23-264007).pdf\n\n12024042WL_Warning Letter_04162024_(23-264007)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024042WL/12024042WL_Warning%20Letter_04162024_(23-264007)_text.pdf\n\n12024042WL_Warning Letter_04162024_(23-264007)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nApril 16, 2024\nMr. Joseph Karney\nVice President, Engineering & Utility Operations\nNorthwest Natural Gas Co\n250 SW Taylor Street\nPortland, Oregon 97204\nCPF 1-2024-042-WL\nDear Mr. Karney:\nFrom August 7 to August 11, 2023 of the onsite inspection, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), inspected Northwest Natural Gas Co’s (Northwest) Mist Underground\nNatural Gas Storage in Columbia County, Oregon.\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. § 192.12 Underground natural gas storage facilities.\n(a) …\n(c) Procedural manuals. Each operator of a UNGSF must prepare\nand follow for each facility one or more manuals of written procedures\nfor conducting operations, maintenance, and emergency preparedness\nand response activities under paragraphs (a) and (b) of this section.\nEach operator must keep records necessary to administer such\nprocedures and review and update these manuals at intervals not\nexceeding 15 months, but at least once each calendar year. Each\noperator must keep the appropriate parts of these manuals accessible\nat locations where UNGSF work is being performed. Each operator\nmust have written procedures in place before commencing operations\nor beginning an activity not yet implemented.\n\n\n\nNorthwest failed to review their Emergency Response Plan (ERP) and Well Control Emergency\nResponse Plan manuals at intervals not exceeding 15 months, but at least once each calendar year\nduring 2019 as required by § 192.12(c).\nDuring the inspection, PHMSA reviewed records of the ERP and WCERP, which are part of\nNorthwest’s manuals for emergency preparedness and response activities required by § 192.12(c).\nIt was noted that there were not any records for the 2019 review of these manuals. Northwest\nresearched their records and determined that there was not a review during 2019.\nTherefore, Northwest failed to review its manuals for conducting emergency preparedness and\nresponse activities at intervals not exceeding 15 months, but at least once each calendar year, in\naccordance with the requirements of § 191.12(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\nNorthwest Natural Gas 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 1-2024-042-WL. Be advised that all material you submit in response to this enforcement\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).\n\n\n\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":5809}