{"operation":"document","citation":"CPF 12026020NOA","title":"NATIONAL FUEL GAS SUPPLY CORP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2026-02-11","effective_on":null,"summary":"OPEN notice of amendment citing 192.12(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026020noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026020noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026020noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12026020NOA","body":"Notice of Amendment involving NATIONAL FUEL GAS SUPPLY CORP. PHMSA's enforcement data identifies the cited regulation as 192.12(b)(2). The case was opened on 2026-02-11 and is reported as open. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12026020NOA_Notice of Amendment (AMENDED)_03192026_(25-333002).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026020NOA/12026020NOA_Notice%20of%20Amendment%20(AMENDED)_03192026_(25-333002).pdf\n\n12026020NOA_Notice of Amendment (AMENDED)_03192026_(25-333002)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026020NOA/12026020NOA_Notice%20of%20Amendment%20(AMENDED)_03192026_(25-333002)_text.pdf\n\n12026020NOA_Notice of Amendment_02112026_(25-333002).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026020NOA/12026020NOA_Notice%20of%20Amendment_02112026_(25-333002).pdf\n\n12026020NOA_Notice of Amendment_02112026_(25-333002)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026020NOA/12026020NOA_Notice%20of%20Amendment_02112026_(25-333002)_text.pdf\n\n12026020NOA_Operator Response to Notice_05182026_(25-333002).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026020NOA/12026020NOA_Operator%20Response%20to%20Notice_05182026_(25-333002).pdf\n\n12026020NOA_Notice of Amendment (AMENDED)_03192026_(25-333002)_text.pdf\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\nAMENDED NOTICE OF AMENDMENT\nVIA EMAIL TO: delvecchioj@natfuel.com\nMarch 19, 2026\nMr. Joseph Del Vecchio\nPresident\nNational Fuel Gas Supply Corporation\n6363 Main Street\nWilliamsville, New York 14221\nCPF 1-2026-020-NOA\nDear Mr. Del Vecchio:\nFrom August 26 through August 28, 2025, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), conducted an inspection of National Fuel Gas Supply Corporation’s (NFGS)\nunderground natural gas storage facility (UNGSF) procedures for the Bennington Storage Field in\nWyoming County, New York.\nAs a result of the inspection, PHMSA has identified an apparent inadequacy found within NFGS’s\nplans or procedures. This Amended Notice of Amendment replaces the Notice that was previously\nissued on February 11, 2026.\nThe alleged inadequacy and proposed revision is described below:\n1. § 192.12 - Underground natural gas storage facilities.\nUnderground natural gas storage facilities (UNGSFs), as defined in § 192.3, are not\nsubject to any requirements of this part aside from this section.\n(a) . . .\n(b) Depleted hydrocarbon and aquifer reservoir UNGSFs.\n(1) . . .\n(2) Each UNGSF that uses a depleted hydrocarbon reservoir or an aquifer\nreservoir for natural gas storage and was constructed on or before July 18,\n2017, must meet the provisions of API RP 1171 (incorporated by reference,\nsee § 192.7), sections 8, 9, 10, and 11, and paragraph (c) of this section, by\nJanuary 18, 2018, and must meet all provisions of paragraph (d) of this\nsection by March 13, 2021.\n\n\n\nCPF 1-2026-020-NOA\nNFGS’s written procedures for conducting operations, maintenance, and emergency preparedness\nand response activities were inadequate to assure safe operation of a pipeline facility in accordance\nwith section 192.12(b)(2). Specifically, NFGS failed to establish adequate maintenance procedures\nfor isolation valves in accordance with section 9.3.2 in API RP 1171.\nSection 9.3.2 states in part that “[t]he operator shall test the operation of the master valve and\nwellhead pipeline isolation valve at least annually for proper function and ability to isolate the\nwell. The valves shall be maintained, repaired, or replaced in accordance with the operator’s valve\nmaintenance program for isolation valves.”\nDuring the inspection, PHMSA reviewed NFGS’s procedures. According to NFGS’s Valve\nIsolation Testing procedure within its Storage Integrity Management Plan, V.-2025.3 (7/29/2025)\na valve would be considered passing the test if the leak-by rate was at 75% or under. If a valve had\na leak-by rate that exceeded the 75% threshold, then the valve would require more investigation.\nNFGS stated the threshold was obtained after comparing well intervention data to valve isolation\ntesting results and that this threshold would allow for well entry work.\nRecords from the 2024 isolation tests for Wells 1550, 1533, 1462, and 1456 reveal that NFGS’s\n75% threshold fails to ensure well isolation. Despite pressure changes exceeding 20% in these\nwells, NFGS marked the tests as successful. However, these pressure fluctuations indicate that the\nvalves could not hold pressure and allowed gas to bypass the closure. A test that permits a pressure\nchange of up to 75% is not an isolation test; it is a leak allowance that obscures inadequate valves.\nSection 9.3.2 explicitly requires valves to demonstrate the ability to isolate the well. Because\nNFGS’s threshold permits continued gas flow, the Valve Isolation Testing is inadequate.\nNFGS’s procedure failed to include a sufficiently detailed valve maintenance program, as it failed\nto establish specific written procedures for the effective repair and replacement of valves or the\nrequired documentation standards for these activities.\nTherefore, NFGS’s written procedures required by section 192.12(c) were inadequate to assure\nsafe operation of a pipeline facility. PHMSA proposes that NFGS revise its procedures to address\nthe deficiency discussed above.\nResponse to this Notice\nThis Amended Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 CFR § 190.206.\nEnclosed as part of this Amended Notice is a document entitled Response Options for Pipeline\nOperators in Enforcement Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you submit\nin response to this enforcement action is subject to being made publicly available. If you believe\nthat any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. §\n552(b), along with the complete original document you must provide a second copy of the\ndocument 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).\nPage 2 of 3\n\n\n\nCPF 1-2026-020-NOA\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under 49 CFR § 190.211. If you do not respond within 30\ndays of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in\nthis Amended Notice and authorizes the Associate Administrator for Pipeline Safety to find facts\nas alleged in this Amended Notice without further notice to you and to issue an Order Directing\nAmendment. If your plans or procedures are found inadequate as alleged in this Notice, you may\nbe ordered to amend your plans or procedures to correct the inadequacies (49 CFR § 190.206). If\nyou are not contesting this Notice, we propose that you submit your amended procedures to my\noffice within 30 days of receipt of this Notice. This period may be extended by written request for\ngood cause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that NFGS maintain documentation of the safety improvement costs\nassociated with fulfilling this Amended Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to the Director, Eastern Region, Pipeline and Hazardous Materials\nSafety Administration, Office of Pipeline Safety. In correspondence concerning this matter, please\nrefer to CPF 1-2026-020-NOA and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: Steven Glass, Assistant VP, NFGS, GlassS@natfuel.com\nSteven Monnie, Senior Manager, NFGS, MonnieS@natfuel.com\nPage 3 of 3\n\n12026020NOA_Notice of Amendment_02112026_(25-333002)_text.pdf\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 AMENDMENT\nVIA EMAIL TO: kraemerr@natfuel.com\nFebruary 11, 2026\nMr. Ronald Kraemer\nPresident and Chief Executive Officer\nNational Fuel Gas Supply Corporation\n6363 Main Street\nWilliamsville, New York 14221\nCPF 1-2026-020-NOA\nDear Mr. Kraemer:\nFrom August 26 through August 28, 2025, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), conducted an inspection of National Fuel Gas Supply Corporation’s (NFGS)\nunderground natural gas storage facility (UNGSF) procedures for the Bennington Storage Field in\nWyoming County, New York.\nAs a result of the inspection, PHMSA has identified an apparent inadequacy found within NFGS’s\nplans or procedures. The alleged inadequacy and proposed revision is described below:\n1. § 192.12 - Underground natural gas storage facilities.\nUnderground natural gas storage facilities (UNGSFs), as defined in § 192.3, are not\nsubject to any requirements of this part aside from this section.\n(a) . . .\n(b) Depleted hydrocarbon and aquifer reservoir UNGSFs.\n(1) . . .\n(2) Each UNGSF that uses a depleted hydrocarbon reservoir or an aquifer\nreservoir for natural gas storage and was constructed on or before July 18,\n2017, must meet the provisions of API RP 1171 (incorporated by reference,\nsee § 192.7), sections 8, 9, 10, and 11, and paragraph (c) of this section, by\nJanuary 18, 2018, and must meet all provisions of paragraph (d) of this\nsection by March 13, 2021.\nNFGS’s written procedures for conducting operations, maintenance, and emergency preparedness\nand response activities were inadequate to assure safe operation of a pipeline facility in accordance\nwith section 192.12(b)(2). Specifically, NFGS failed to establish adequate maintenance procedures\n\n\n\nCPF 1-2026-020-NOA\nfor isolation valves in accordance with section 9.3.2 in API RP 1171.\nSection 9.3.2 states in part that “[t]he operator shall test the operation of the master valve and\nwellhead pipeline isolation valve at least annually for proper function and ability to isolate the\nwell. The valves shall be maintained, repaired, or replaced in accordance with the operator’s valve\nmaintenance program for isolation valves.”\nDuring the inspection, PHMSA reviewed NFGS’s procedures. According to NFGS’s Valve\nIsolation Testing procedure within its Storage Integrity Management Plan, V.-2025.3 (7/29/2025)\na valve would be considered passing the test if the leak-by rate was at 75% or under. If a valve had\na leak-by rate that exceeded the 75% threshold, then the valve would require more investigation.\nNFGS stated the threshold was obtained after comparing well intervention data to valve isolation\ntesting results and that this threshold would allow for well entry work.\nRecords from the 2024 isolation tests for Wells 1550, 1533, 1462, and 1456 reveal that NFGS’s\n75% threshold fails to ensure well isolation. Despite pressure changes exceeding 20% in these\nwells, NFGS marked the tests as successful. However, these pressure fluctuations indicate that the\nvalves could not hold pressure and allowed gas to bypass the closure. A test that permits a pressure\nchange of up to 75% is not an isolation test; it is a leak allowance that obscures inadequate valves.\nSection 9.3.2 explicitly requires valves to demonstrate the ability to isolate the well. Because\nNFGS’s threshold permits continued gas flow, the Valve Isolation Testing is inadequate.\nNFGS’s procedure failed to include a sufficiently detailed valve maintenance program, as it failed\nto establish specific written procedures for the effective repair and replacement of valves or the\nrequired documentation standards for these activities.\nTherefore, NFGS’s written procedures required by section 192.12(c) were inadequate to assure\nsafe operation of a pipeline facility. PHMSA proposes that NFGS revise its procedures to address\nthe deficiency discussed above.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 CFR § 190.206. Enclosed as part\nof 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 submit\nin response to this enforcement action is subject to being made publicly available. If you believe\nthat any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. §\n552(b), along with the complete original document you must provide a second copy of the\ndocument 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 49 CFR § 190.211. If you do not respond within 30\n12026020NOA_Notice of Amendment_02112026_(25-333002) Page 2 of 3\n\n\n\nCPF 1-2026-020-NOA\ndays of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in\nthis Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged\nin this Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 CFR § 190.206). If you are not contesting\nthis Notice, 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 NFGS maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures)\nand submit the total to the Director, Eastern Region, Pipeline and Hazardous Materials Safety\nAdministration, Office of Pipeline Safety. In correspondence concerning this matter, please refer\nto CPF 1-2026-020-NOA and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n12026020NOA_Notice of Amendment_02112026_(25-333002) Page 3 of 3","truncated":false,"body_characters":15085}