{"operation":"document","citation":"CPF 12024050NOA","title":"RH ENERGYTRANS, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-08-12","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(a), 192.605(b)(1), 192.605(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024050noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024050noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024050noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12024050NOA","body":"Notice of Amendment involving RH ENERGYTRANS, LLC. PHMSA's enforcement data identifies the cited regulations as 192.605(a),  192.605(b)(1),  192.605(c)(3). The case was opened on 2024-08-12 and is reported as closed as of 2024-10-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12024050NOA_Closure Letter_10072024_(23-263966).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024050NOA/12024050NOA_Closure%20Letter_10072024_(23-263966).pdf\n\n12024050NOA_Closure Letter_10072024_(23-263966)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024050NOA/12024050NOA_Closure%20Letter_10072024_(23-263966)_text.pdf\n\n12024050NOA_Notice of Amendment_08122024_(23-263966).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024050NOA/12024050NOA_Notice%20of%20Amendment_08122024_(23-263966).pdf\n\n12024050NOA_Notice of Amendment_08122024_(23-263966)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024050NOA/12024050NOA_Notice%20of%20Amendment_08122024_(23-263966)_text.pdf\n\n12024050NOA_Operator Response to Notice_09042024_(23-263966).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024050NOA/12024050NOA_Operator%20Response%20to%20Notice_09042024_(23-263966).pdf\n\n12024050NOA_Notice of Amendment_08122024_(23-263966)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nAugust 12, 2024\nMr. Kyle Rhoades\nChief Operating Officer\nRH Energytrans, LLC\n558 West 6th Street\nErie, Pennsylvania 16507\nCPF 1-2024-050-NOA\nDear Mr. Rhoades:\nFrom October 3, 2023 to October 5, 2023 and from October 31, 2023 to November 2, 2023 of the\non-site inspection a representative of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected RH Energytrans,\nLLC’s (RH Energytrans) procedures for the first operating inspection in Erie, Pennsylvania.\nAs a result of the inspection, PHMSA has identified the apparent inadequacies found within RH\nEnergytrans’ plans or procedures. The items inspected and the inadequacies are described below:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline, a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. For transmission\nlines, the manual must also include procedures for handling abnormal\noperations. This manual must be reviewed and updated by the operator\nat intervals not exceeding 15 months, but at least once each calendar\nyear. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted.\nRH Energytrans' written procedures were inadequate to ensure safe operation of a pipeline facility.\nSpecifically, RH Energytrans’ POLICY AND PROCEDURE MANUAL (Pipeline Operations,\nNortheast Division, 9/9/2019, 15-1) was inadequate as it lacked sufficient details regarding the\n\n\n\nrequirements of § 191.15(d).\n1\nDuring the inspection, the PHMSA inspector reviewed RH Energytrans’ LLC POLICY AND\nPROCEDURE MANUAL (Pipeline Operations, Northeast Division, 9/9/2019, 15-1) (Manual).\nThe Manual did not include adequate details related to § 191.15(d) Supplemental report.\nSpecifically, the Manual did not include a process of requiring preparation and filing of\nsupplemental incident reports if additional related information is obtained after a Form PHMSA F\n7100.2 is submitted.\nTherefore, RH Energytrans’ written procedures required by § 192.605(a) were inadequate to\nensure pipeline safety. RH Energytrans must revise its procedures to address § 191.15(d).\n2. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) ….\n(b) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following,\nif applicable, to provide safety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in\naccordance with each of the requirements of this subpart and Subpart\nM of this part.\nRH Energytrans' written procedures were inadequate to ensure safe operation of a pipeline facility.\nSpecifically, RH Energytrans’ POLICY AND PROCEDURE MANUAL (Pipeline Operations,\nNortheast Division, 4/28/19, 745-1) was inadequate as it lacked sufficient details regarding the\nrequirements of § 192.745(b).\n2\nDuring the inspection, the PHMSA inspector reviewed RH Energytrans’ POLICY AND\nPROCEDURE MANUAL (Pipeline Operations, Northeast Division, 4/28/19, 745-1) (Manual).\nThe Manual did not include adequate details related to § 192.745(b). Specifically, the Manual did\nnot require taking remedial action promptly to correct any valve found inoperable, or promptly\ndesignating an alternative valve.\nTherefore, RH Energytrans’ written procedures required by § 192.605(b)(1) were inadequate to\nensure pipeline safety. RH Energytrans must revise its procedures to address the requirements of\n§ 192.745(b).\n1 § 191.15 Transmission systems; gathering systems; liquefied natural gas facilities; and underground natural gas\nstorage facilities: Incident report.\n(d) Supplemental report. Where additional related information is obtained after an operator submits a report under\nparagraph (a), (b), or (c) of this section, the operator must make a supplemental report as soon as practicable, with a\nclear reference by date to the original report.\n2 § 192.745 Valve maintenance: Transmission lines.\n(b) Each operator must take prompt remedial action to correct any valve found inoperable, unless the operator\ndesignates an alternative valve.\n\n\n\n3. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) ….\n(c) Abnormal operation. For transmission lines, the manual required\nby paragraph (a) of this section must include procedures for the\nfollowing to provide safety when operating design limits have been\nexceeded:\n(1) ….\n(3) Notifying responsible operator personnel when notice of an\nabnormal operation is received.\nRH Energytrans' written procedures were inadequate to ensure safe operation of a pipeline facility.\nSpecifically, RH Energytrans’ POLICY AND PROCEDURE MANUAL (Pipeline Operations,\nNortheast Division, Page 361-362) was inadequate as it lacked sufficient details regarding the\nrequirements of § 192.605(c)(3).\nDuring the inspection, the PHMSA inspector reviewed RH Energytrans’ POLICY AND\nPROCEDURE MANUAL (Pipeline Operations, Northeast Division, Page 361-362) (Manual).\nThe Manual did not include adequate details related to § 192.605(c)(3). Specifically, the Manual\ndid not include requirements for notifying responsible operator personnel when notice of an\nabnormal operation was received.\nTherefore, RH Energytrans’ written procedures required by § 192.605(c)(3) were inadequate to\nensure pipeline safety. RH Energytrans must revise its procedures to address the requirements of\n§ 192.605(c)(3).\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 Enforcement\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\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\n\n\n\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 RH Energytrans, LLC maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please refer\nto CPF 1-2024-050-NOA and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n\n12024050NOA_Closure Letter_10072024_(23-263966)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nOctober 7, 2024\nMr. Kyle Rhoades\nChief Operating Officer\nRH Energytrans, LLC\n558 West 6th Street\nErie, Pennsylvania 16507\nCPF 1-2024-050-NOA\nDear Mr. Kyle Rhoades:\nFrom October 3, 2023 to October 5, 2023 and from October 31, 2023 to November 2, 2023, a\nrepresentative from the Pipeline and Hazardous Materials Safety Administration (PHMSA),\npursuant to chapter 601 of 49 United States Code, conducted an on-site pipeline safety inspection\nof RH Energytrans, LLC's (RH Energytrans) procedures in Erie, Pennsylvania. As a result of the\ninspection, RH Energytrans was issued a Notice of Amendment on August 12, 2024, which\nproposed amendment of your procedures.\nRH Energytrans submitted its amended procedures on September 4, 2024. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\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","truncated":false,"body_characters":10690}