{"operation":"document","citation":"CPF 12025013WL","title":"ANR PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2025-07-02","effective_on":null,"summary":"CLOSED warning letter citing 192.12(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025013wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025013wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12025013wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12025013WL","body":"Warning Letter involving ANR PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 192.12(b)(2). The case was opened on 2025-07-02 and is reported as closed as of 2025-07-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12025013WL_Warning Letter_07022025_(24-295937).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025013WL/12025013WL_Warning%20Letter_07022025_(24-295937).pdf\n\n12025013WL_Warning Letter_07022025_(24-295937)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12025013WL/12025013WL_Warning%20Letter_07022025_(24-295937)_text.pdf\n\n12025013WL_Warning Letter_07022025_(24-295937)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: david brast@tcenergy.com\nJuly 2, 2025\nMr. David Brast\nPresident, Chief Executive Officer\nANR Pipeline Company\n700 Louisiana Street\nHouston, Texas 77002\nCPF 1-2025-013-WL\nDear Mr. Brast:\nFrom October 8 through October 10, 2024, 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 Company’s (ANR) records for its Austin depleted aquifer\nreservoir underground natural gas storage facilities in Mecosta County, Michigan.\nAs a result of the inspection, it is alleged that you have committed 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(b) Depleted hydrocarbon and aquifer reservoir UNGSFs.\n(1) . . .\n(2) Each UNGSF that uses a depleted hydrocarbon reservoir or an\naquifer reservoir for natural gas storage and was constructed on or\nbefore July 18, 2017, must meet the provisions of API RP 1171\n(incorporated by reference, see § 192.7), sections 8, 9, 10, and 11, and\nparagraph (c) of this section, by January 18, 2018, and must meet all\nprovisions of paragraph (d) of this section by March 13, 2021.\nANR failed to meet the provisions of American Petroleum Institute’s Recommended Practice 1171\n(2015) (API RP 1171), section 9 in accordance with section 192.12(b)(2). Specifically, ANR failed\n\n\n\nto evaluate each annular gas occurrence that exceeds operator-defined threshold levels in\naccordance with section 9.3.2 in API RP 1171.\nSection 9.3.2 states in part that “[t]he operator shall evaluate each annular gas occurrence that\nexceeds operator- or regulatory-defined threshold levels determined from well integrity evaluation\nand from risk assessment.”\nDuring the inspection, PHMSA reviewed ANR’s annular pressure threshold records. The operator-\ndefined threshold ANR utilized was 80% of Maximum Allowable Annulus Surface Pressure\n(MAASP). For Well 31535, the MAASP was 815 psi and 80% of the MAASP was 652 psi. ANR\nexceeded this operated-defined threshold in Well 31535 four times during a fall 2020 shut-in and\nfive times during the fall 2021 shut-in as shown on the Well 31535 Chart with Annulus Pressure\nReadings. ANR provided documentation of its evaluation conducted for the fall 2020 annular\npressure threshold exceedances, however ANR failed to evaluate the fall 2021 annular pressure\nthreshold exceedances.\nTherefore, ANR failed to meet the provisions of API RP 1171, section 9 in accordance with section\n192.12(b)(2).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a related\nseries of violations. For violation occurring on or after December 28, 2023 and before December\n30, 2024, the maximum penalty may not exceed $266,015 per violation per day the violation\npersists, up to a maximum of $2,660,135 for a related series of violations. For violation occurring\non or after January 6, 2023 and before December 28, 2023, the maximum penalty may not 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\na maximum of $2,391,142 for a related series of violations. For violation occurring on or after\nMay 3, 2021 and before March 21, 2022, the maximum penalty may not exceed $225,134 per\nviolation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations.\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 Company being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2025-013-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).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":6134}