{"operation":"document","citation":"CPF 12026012NOPV","title":"EASTERN GAS TRANSMISSION AND STORAGE, INC. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2026-02-06","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(b)(5).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026012nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026012nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026012nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12026012NOPV","body":"Notice of Probable Violation involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulation as 195.452(b)(5). The case was opened on 2026-02-06 and is reported as closed as of 2026-04-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12026012NOPV_Closure Letter_04242026_(25-329693).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026012NOPV/12026012NOPV_Closure%20Letter_04242026_(25-329693).pdf\n\n12026012NOPV_Closure Letter_04242026_(25-329693)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026012NOPV/12026012NOPV_Closure%20Letter_04242026_(25-329693)_text.pdf\n\n12026012NOPV_Final Order_04142026_(25-329693).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026012NOPV/12026012NOPV_Final%20Order_04142026_(25-329693).pdf\n\n12026012NOPV_Final Order_04142026_(25-329693)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026012NOPV/12026012NOPV_Final%20Order_04142026_(25-329693)_text.pdf\n\n12026012NOPV_Operator Response to Notice_02272026_(25-329693).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026012NOPV/12026012NOPV_Operator%20Response%20to%20Notice_02272026_(25-329693).pdf\n\n12026012NOPV_PCO_02062026_(25-329693).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026012NOPV/12026012NOPV_PCO_02062026_(25-329693).pdf\n\n12026012NOPV_PCO_02062026_(25-329693)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026012NOPV/12026012NOPV_PCO_02062026_(25-329693)_text.pdf\n\n12026012NOPV_Closure Letter_04242026_(25-329693)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials\nSafety Administration\n840 Bear Tavern Road, Suite 300\nWest Trenton, New Jersey 08628\n609.771.7800\nVIA ELECTRONIC MAIL TO: paul.ruppert@bhegts.com\nApril 24, 2026\nMr. Paul Ruppert,\nPresident, Gas Transmission & Storage\nEastern Gas Transmission and Storage, Inc.\n6603 West Broad Street\nRichmond, VA 23200\nRE: CPF 1-2026-012-NOPV\nDear Mr. Ruppert:\nOn April 14, 2026, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\na Final Order to Eastern Gas Transmission and Storage, Inc. (EGT&S) in the above-referenced\ncase. This Order included a Compliance Order. Based on our review of the documentation\nprovided, it has been determined that EGT&S has complied with the terms of this Order.\nAccordingly, this case is now closed, and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Daniel Stahl, Pipeline Integrity Engineer, EGT&S, Daniel.Stahl@bhegts.com\nEric Taylor, Director, Engineering Services, EGT&S, eric.taylor@bhegts.com\n\n12026012NOPV_Final Order_04142026_(25-329693)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590\nApril 14, 2026\nVIA ELECTRONIC MAIL: paul.ruppert@bhegts.com\nPaul Ruppert\nPresident, Gas, Transmission, & Storage\nEastern Gas Transmission and Storage, Inc.\n10700 Energy Way\nGlen Allen, Virginia 23606\nRe: CPF No. 1-2026-012-NOPV\nDear Mr. Ruppert:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken to comply with the pipeline safety\nregulations. When the terms of the compliance order are completed, as determined by the\nDirector, Eastern Region, this enforcement action will be closed. Service of the Final Order by e-\nmail is effective upon the date of transmission and acknowledgement of receipt as provided\nunder 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\ncc: Robert Burrough, Director, Eastern Region, Office of Pipeline Safety, PHMSA\nEric Taylor, Director, Pipeline Integrity & Records, EGTS\neric.taylor@bhegts.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n__________________________________________\nIn the Matter of )\nEastern Gas Transmission and Storage, Inc., ) CPF No. 1-2026-012-NOPV\n)\n)\n)\nRespondent. )\n__________________________________________)\nFINAL ORDER\nOn February 6, 2026, pursuant to 49 CFR § 190.207, the Director, Eastern Region, Office of\nPipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Eastern Gas\nTransmission and Storage, Inc. (Respondent). The Notice proposed finding that Respondent had\nviolated the pipeline safety regulations in 49 CFR Part 195. The Notice also proposed certain\nmeasures to correct the violation. Respondent did not contest the allegation of violation or\ncorrective measures.\nBased upon a review of all of the evidence, pursuant to section 190.213, I find Respondent\nviolated the pipeline safety regulation listed below, as more fully described in the enclosed\nNotice, which is incorporated by reference:\n49 CFR § 195.452(b)(5) (Item 1) ─ Respondent failed to follow its integrity\nmanagement program as it related to preventative and mitigative measures.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCompliance Actions\nPursuant to 49 U.S.C. § 60118(b) and 49 CFR § 190.217, Respondent is ordered to take the\nactions proposed in the enclosed Notice to correct the violation. The Director may grant an\nextension of time to comply with any of the required items upon a written request timely\nsubmitted by the Respondent and demonstrating good cause for an extension. Upon completion\nof the ordered actions, Respondent may request that the Director close the case. Respondent\npreviously submitted evidence to show appropriate actions have been taken to correct the\nviolations. This evidence is currently under review by the Director. Failure to comply with this\nOrder may result in the assessment of civil penalties under 49 CFR § 190.223 or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\n\n\n\n2\nThe terms and conditions of this order are effective upon service in accordance with 49 CFR\n§ 190.5.\n___________________________________ _________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n\n\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials\nSafety Administration\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\n609.771.7800\nNOTICE OF PROBABLE VIOLATION\nand\nPROPOSED COMPLIANCE ORDER\nVIA ELECTRONIC MAIL TO: paul.ruppert@bhegts.com\nFebruary 6, 2026\nPaul Ruppert\nPresident, Gas Transmission & Storage\nEastern Gas Transmission and Storage, Inc.\n6603 West Broad Street\nRichmond, VA 23200\nCPF 1-2026-012-NOPV\nDear Mr. Ruppert:\nFrom February 24 through April 2, 2025, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.), conducted an inspection of Eastern Gas Transmission and Storage,\nInc.’s1 (EGT&S) hazardous liquid integrity management procedures in Bridgeport, West Virginia.\nAs a result of the inspection, it is alleged that EGT&S has 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. § 195.452 Pipeline integrity management in high consequence areas.\n(a) . . . .\n(b) What program and practices must operators use to manage\npipeline integrity? Each operator of a pipeline covered by this section\nmust:\n(1) . . . .\n(5) Implement and follow the program.\nEGT&S failed to follow its integrity management program in accordance with section\n195.452(b)(5). Specifically, EGT&S failed to conduct and document a periodic review of its\n1 Eastern Gas Transmission and Storage, Inc. is a subsidiary of Berkshire Hathaway Energy, Inc.\n\n\n\npreventive and mitigative (P&M) measures, failed to propose new P&M measures for\nconsideration of implementation, and failed to document the decision-making process regarding\nmeasures not selected for implementation as required by section 5.2.7 in its integrity management\nprogram, PIP-3506 – Preventive and Mitigative Measures (12/27/24) (P&M Procedure).\nDuring the inspection, PHMSA requested records demonstrating that EGT&S had conducted the\nrequisite periodic review of its P&M measures. EGT&S’s P&M Procedure, section 5.2.7, required\nthat EGT&S conduct a periodic review to: (1) evaluate existing P&M measures; (2) propose new\nP&M measures for implementation; and (3) discuss P&M measures considered but not\nimplemented. EGT&S’s PIP-3616 Process to Identify Additional P&M Actions on Hazardous\nLiquid Pipelines (12/27/24) (P&M Flowchart) required that this review be formally documented\nat “Step 26.”\nWhen PHMSA requested documentation of the periodic review, EGT&S stated that the review\nprocess is conducted via emails and spreadsheets, though they noted this methodology is not\ndetailed in their written procedures. EGT&S then provided two records: LIMP P&M Measures\nEvaluation Distribution Email (11/16/22) (12/15/23) (P&M Email) and PIP-3506 Section Excel\nSpreadsheet (2024) (P&M Spreadsheet).\nHowever, the records provided by EGT&S failed to demonstrate compliance with section 5.2.7 of\nthe P&M Procedure. The P&M Email constitutes only the initiation of a request for information;\nit does not represent a completed review. While it establishes that a review was launched, EGT&S\nprovided no subsequent correspondence, meeting minutes, or response emails to demonstrate that\nthe P&M periodic review was conducted, discussed, or concluded.\nThe P&M Spreadsheet is a static inventory of P&M measures rather than a record of evaluation.\nIt lists various P&M measures but fails to contain timestamps, authorship, or decision logic\nindicating when these measures were reviewed or how their continued effectiveness was evaluated.\nSection 5.2.7 requires a discussion of P&M measures not considered for implementation. The\nprovided records contain no data regarding measures that were proposed and subsequently\nrejected. Without a record of the alternatives considered and the rationale for their rejection,\nEGT&S cannot demonstrate compliance with section 5.2.7. When PHMSA requested further\nrecords regarding the P&M measure periodic review, EGT&S was unable to provide additional\nrecords.\nMoreover, EGT&S failed to provide records that included specific details on each current P&M\nmeasure. For example, section 5, table 1 of the P&M Procedure does not list specific implemented\nP&M measures but instead references generic company compliance procedures. Similarly, the\nP&M Spreadsheet fails to indicate when specific P&M measures were identified, the date of\nimplementation, or their current status (e.g., active, pending, or completed).\nCompounding these documentation failures, section 5.2.7 of the P&M Procedure was inadequate\nbecause it failed to define the term “periodic” or establish a specific time interval for the required\nperiodic review. By failing to specify a frequency and failing to include detailed steps for how the\nreview is to be conducted and documented, the procedure failed to ensure the consistent and\nverifiable implementation of the process. This lack of specificity contributed to EGT&S’s failure\n\n\n\nCPF 1-2026-012-NOPV\nto generate records demonstrating that the required P&M measure periodic review actually\noccurred.\nTherefore, EGT&S failed to follow its integrity management program in accordance with section\n195.452(b)(5).\nProposed Civil Penalty\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 $2,391,412 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 propose a civil penalty assessment at this time.\nProposed Compliance Order\nWith respect to Item 1, pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials Safety\nAdministration proposes to issue a Compliance Order to Eastern Gas Transmission and Storage,\nInc. Please refer to the Proposed Compliance Order, which is enclosed and made a part of this\nNotice.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nEnforcement Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be 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).\n12026012NOPV_PCO_02062026_(25-329693) Page 3 of 5\n\n\n\nFollowing your receipt of this Notice, you have 30 days to respond as described in the enclosed\nResponse Options. If you do not respond within 30 days of receipt of this Notice, this constitutes\na waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to\nyou and to issue a Final Order. If you are responding to this Notice, we propose that you submit\nyour correspondence to my office within 30 days from receipt of this Notice. The Region Director\nmay extend the period for responding upon a written request timely submitted demonstrating good\ncause for an extension.\nIn your correspondence on this matter, please refer to CPF 1-2026-012-NOPV and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\n\n\n\nCPF 1-2026-012-NOPV\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Eastern Gas Transmission and Storage, Inc.\n(EGT&S) a Compliance Order incorporating the following remedial requirements to ensure the\ncompliance of EGT&S with the pipeline safety regulations:\nA. In regard to Item 1 of the Notice pertaining to EGT&S’s failure to follow its\nintegrity management program, EGT&S must amend its written integrity\nmanagement program, specifically section 5.2.7 of PIP-3506 – Preventive and\nMitigative Measures, to include a specific definition for the term “periodic” that\nestablishes a clear, fixed frequency for the review of P&M measures. The amended\nprocedure must also detail the methodology for conducting this review that should\ninclude (1) the date the review was conducted; (2) the specific P&M measures\nevaluated; (3) any new P&M measures proposed for implementation; (4) the\nrationale for any P&M measures considered but rejected; and (5) the status of\nimplementation for all selected measures. Following these procedural amendments,\nEGT&S must conduct a P&M measure periodic review, documenting the process\nin accordance with the revised procedures, and submit the records to the Director,\nEastern Region, within 60 days of receipt of the Final Order.\nB. It is requested (not mandated) that EGT&S maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the\ntotal to Robert Burrough, Director, Eastern Region, Pipeline and Hazardous\nMaterials Safety Administration. It is requested that these costs be reported in two\ncategories: 1) total cost associated with preparation/revision of plans, procedures,\nstudies and analyses, and 2) total cost associated with replacements, additions and\nother changes to pipeline infrastructure.\n12026012NOPV_PCO_02062026_(25-329693) Page 5 of 5","truncated":false,"body_characters":17779}