# RATON GAS TRANSMISSION CO — Warning Letter

- **operation:** document
- **citation:** CPF 220081010W
- **title:** RATON GAS TRANSMISSION CO — Warning Letter
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2008-12-16
- **effective on:** Not available
- **summary:** CLOSED warning letter citing 192.225, 192.241(b), 192.243(b)(1), 192.243(b)(2), 192.465(a), 192.615(b)(2), 192.615(b)(3), 192.807, 192.809, 192.907(a).
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- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/220081010W
**body:**

Warning Letter involving RATON GAS TRANSMISSION CO. PHMSA's enforcement data identifies the cited regulations as 192.225,  192.241(b),  192.243(b)(1),  192.243(b)(2),  192.465(a),  192.615(b)(2),  192.615(b)(3),  192.807,  192.809,  192.907(a). The case was opened on 2008-12-16 and is reported as closed as of 2008-12-16. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

220081010W_warning letter_12162008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220081010W/220081010W_warning%20letter_12162008.pdf

220081010w_warning letter_12162008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220081010W/220081010w_warning%20letter_12162008_text.pdf

220081010w_warning letter_12162008_text.pdf

U. S. Department
of Transportation
Pipeline and
Hazardous Materials Safety
Administration
233 Peachtree Street Ste. 600
Atlanta, GA 30303
WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT RE UESTED
December 16, 2008
Mr. David N. Link
Vice President
Raton Gas Transmission
223 N. Guadalupe ¹274
Santa Fe, New Mexico 87501-1850
CPF 2-2008-1010W
Dear Mr. Link:
On July 22 — 24 and August 5 — 6, 2008, representatives of the Pipeline and Hazardous
Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code
inspected your records in Raton, New Mexico and facilities in Colorado and New Mexico.
As a result of the inspection, it appears that you have committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and
the probable violation(s) are:
I1192. 615 Emergency plans.
(b) Each operator shall:
(3) Review employee activities to determine whether the procedures were
effectively followed in each emergency.
tt192. 605 Procedural manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline, a manual of
written procedures for conducting operations and maintenance activities and for
emergency response. For transmission lines, the manual must also include
procedures for handling abnormal operations. This manual must be reviewed and
updated by the operator at intervals not exceeding 15 months, but at least once
each calendar year. This manual must be prepared before operations of a pipeline
system commence. Appropriate parts of the manual must be kept at locations
where operations and maintenance activities are conducted.



Raton Gas Transmission (Raton) does not have records of the review of employee
actions for %e September 15, 2004 incident that occurred in Las Animas County,
Colorado. Per Raton personnel, the review was conducted on September 17, 2004 with
engineers from the PHMSA Western Region but there is no documentation of the
review. The results of the review are to be documented and retained per Raton's O&M
Procedure 180 — Emergency Plan.
Raton had no documentation of the post-accident review following the September 15,
2004 incident.
$192. 225 Welding procedures.
(a) Welding must be performed by a qualified welder in accordance with welding
procedures qualified under section 5 of API 1104 (incorporated by reference, see
11192. 7) or section IX of the ASME Boiler and Pressure Vessel Code " Welding and
Brazing Qualifications" (incorporated by reference, see 11192. 7) to produce welds
meeting the requirements of this subpart. The quality of the test welds used to
qualify welding procedures shall be determined by destructive testing in
accordance with the applicable welding standard(s).
(b) Each welding procedure must be recorded in detail, including the results of the
qualifying tests. This record must be retained and followed whenever the
procedure is used.
Raton did not have a copy of the welding procedure used to repair the pipeline
following the September 15, 2004 incident. Raton provided copies of welding
procedures that were used during the qualification of the welder during prior years, but
not the procedure used for the repair.
Raton was unable to provide an approved welding procedure for the pipe replacement
repair following the September 14, 2004 incident. The welder qualification record
provided is not marked as a procedure qualification.
$192. 241 Inspection and test of welds.
(b) The welds on a pipeline to be operated at a pressure that produces a hoop
stress of 20 percent or more of SMYS must be nondestructively tested in
accordance with 1'1192. 243, except that welds that are visually inspected and
approved by a qualified welding inspector need not be nondestructively tested if:
(1) The pipe has a nominal diameter of less than 6 inches (152 millimeters); or
(2) The pipeline is to be operated at a pressure that produces a hoop stress of less
than 40 percent of SMYS and the welds are so limited in number that
nondestructive testing is impracticaL
$192. 243 Nondestructive testing.



(d) When nondestructive testing is required under tj192241(b), the following
percentages of each day's field butt welds, selected at random by the operator,
must be nondestructively tested over their entire circumference;
(4) At pipeline tie-ins, including tie-ins of replacement sections, 100 percent.
(f) When nondestructive testing is required under (j192. 241(b), each operator must
retain, for the life of the pipeline, a record showing by milepost, engineering
station, or by geographic feature, the number of girth welds made, the number
nondestructively tested, the number rejected, and the disposition of the rejects.
Raton does not have records of the nondestructive testing of the tie-in welds for the
repair made to the pipeline subsequent to the September 14, 2004 incident. Per Raton
personnel, the welds were examined by radiography and the films provided to PHMSA
Western Region engineers after the post-accident review.
Raton does not have the records of the nondestructive testing performed on the tie-in
welds for the pipeline repairs made subsequent to the September 14, 2004 incident.
4. $192. 243 Nondestructive testmg.
(b) Nondestructive testing of welds must be performed:
(1) In accordance with written procedures
Raton does not have written copies of the nondestructive testing procedures used for the
radiographic examination of the tie-in welds for the repair made to the pipeline
subsequent to the September 14, 2004 incident.
Raton does not have the records of the nondestructive testing procedures used to
examine the tie-in welds for the pipeline repairs made subsequent to the
September 14, 2004 incident.
tj192. 243 Nondestructive testing.
(b) Nondestructive testing of welds must be performed:
(2) By persons who have been trained and qualified in the established procedures
and with the equipment employed in testing.
Raton does not have the training and qualification records for the personnel who
performed the nondestructive testing of the tie-in welds for the repair made to the
pipeline subsequent to the September 14, 2004 incident,
(j192. 807 Recordkeeping.
Each operator shall maintain records that demonstrate compliance with this
subpart.
(a) Qualification records shall include:
(1) Identification of qualified individual(s);



(2) Identification of the covered tasks the individual is qualified to perform;
(3) Date(s) of current qualification; and
(4) Qualification method(s).
(b) Records supporting an individual's current qualification shall be maintained
while he individual is performing the covered task. Records of prior qualification
and records of individuals no longer performing covered tasks shall be retained for
a period of five years.
Raton does not have the Operator Qualification (OQ) records for the welder and
nondestructive testing personnel who performed the welding and radiographic
examination covered tasks of the tie-in welds for the pipeline repairs made subsequent
to the September 14, 2004 incident.
Raton does not have the OQ qualification records for contractor personnel who
performed covered tasks on the pipeline subsequent to the September 14, 2004 incident.
$192. 615 Emergency plans.
(b) Each operator shall:
(2) Train the appropriate operating personnel to assure that they are
knowledgeable of the emergency procedures and verify that the training is
effective.
$192. 605 Procedural manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline, a manual of
written procedures for conducting operations and maintenance activities and for
emergency response. For transmission lines, the manual must also include
procedures for handling abnormal operations. This manual must be reviewed and
updated by the operator at intervals not exceeding 15 months, but at least once
each calendar year. This manual must be prepared before operations of a pipeline
system commence. Appropriate parts of the manual must be kept at locations
where operations and maintenance activities are conducted.
Raton does not have documentation for emergency training conducted in 2005, 2006,
and 2007. Per Raton personnel the emergency response training is conducted with
Raton's annual OQ refresher training — the OQ refresher training documentation does
not address the emergency response training. Annual emergency training is required by
Raton's O&M Procedure 180 — Emergency Plan.
Raton could not provide training records for the 2005, 2006, and 2007 emergency
response training.
$192. 465 External corrosion control: Monitoring.
(a) Each pipeline that is under cathodic protection must be tested at least once
each calendar year, but with intervals not exceeding 15 months, to determine



whether the cathodic protection meets the requirements of (1192. 463. However, if
tests at those intervals are impractical for separately protected short sections of
mains or transmission lines, not in excess of 100 feet (30 meters), or separately
protected service lines, these pipelines may be surveyed on a sampling basis. At
least 10 percent of these protected structures, distributed over the entire system
must be surveyed each calendar year, with a different 10 percent checked each
subsequent year, so that the entire system is tested in each 10-year period.
Raton exceeded the 15 month interval between the 2006 and 2007 readings for the
annual cathodic protection survey at County Road 72-2 and Raton' s Trinidad Station.
The readings at the test stations were taken in April 2006 and December 2007. The
records do not show the date the readings were taken, therefore the readings exceeded
15 months by at least four (4) months.
Raton's Form 2100 for 2006 and 2007 show the test stations at Trinidad Station and
County Road 73-2 were checked for cathodic protection readings in April 2006 and
December 2007.
C1192. 907 What must an operator do to implement this subpart?
(a) General. No later than December 17, 2004, an operator of a covered pipeline
segment must develop and follow a written integrity management program that
contains all the elements described in t'1192. 911 and that addresses the risks on
each covered transmission pipeline segment. The initial integrity management
program must consist, at a minimum, of a framework that describes the process
for implementing each program element, how relevant decisions will be made and
by whom, a time line for completing the work to implement the program element,
and how information gained from experience will be continuously incorporated
into the program. The framework will evolve into a more detailed and
comprehensive program. An operator must make continual improvements to the
program.
11192. 905 How does an operator identify a high consequence area?
(a) General. To determine which segments of an operator's transmission pipeline
system are covered by this subpart, an operator must identify the high
consequence areas. An operator must use method (1) or (2) from the definition in
tI192. 903 to identify a high consequence area. An operator may apply one method
to its entire pipeline system, or an operator may apply one method to individual
portions of the pipeline system. An operator must describe in its integrity
management program which method it is applying to each portion of the
operator's pipeline system. The description must include the potential impact
radius when utilized to establish a high consequence area. (See appendix EL for
guidance on identifying high consequence areas. )
(b)(1) Identified sires. An operator must identify an identified site, for purposes of
this subpart, from information the operator has obtained from routine operation



and maintenance activities and from public officials with safety or emergency
response or planning responsibilities who indicate to the operator that they know
of locations that meet the identified site criteria. These public officials could
include officials on a local emergency planning commission or relevant Native
American tribal officials.
Raton's Pipeline Integrity Management Plan states that Raton uses method l to
determine high consequence areas and none were identified on the pipeline. Raton
personnel stated that this check was accomplished during the 2004 patrol of the pipeline
but the 2004 Form 1100 Pipeline Patrolling Record does not state the check made for
identified sites. Raton's Pipeline Integrity Management Plan Revised August 1, 2008
states that no identified sites were found in a physical walk of the pipeline by Raton's
vice president and a senior technician and in contacts with local officials.
10. tt192. 907 What must an operator do to implement this subpart?
(a) General. No later than December 17, 2004, an operator of a covered pipeline
segment must develop and follow a written integrity management program that
contains all the elements described in (t192. 911 and that addresses the risks on
each covered transmission pipeline segment. The initial integrity management
program must consist, at a minimum, of a framework that describes the process
for implementing each program element, how relevant decisions will be made and
by whom, a time line for completing the work to implement the program element,
and how information gained from experience will be continuously incorporated
into the program. The framework will evolve into a more detailed and
comprehensive program. An operator must make continual improvements to the
program.
tt192. 905 How does an operator identify a high consequence area?
(c) Newly identified areas. When an operator has information that the area around
a pipeline segment not previously identified as a high consequence area could
satisfy any of the definitions in t)192. 903, the operator must complete the
evaluation using method (1) or (2). If the seginent is determined to meet the
definition as a high consequence area, it must be incorporated into the operator's
baseline assessment plan as a high consequence area within one year from the date
the area is identified;
Raton's 2005 and 2006 Form 1100 Pipeline Patrolling Record does not state the
pipeline was checked for identified sites. The 2006, 2007, and 2008 Form 1100
Pipeline Patrolling Record do document the check of the pipeline for identified sites.
11. (t192. 809 General.
(a) Operators must have a written qualification program by April 27, 2001. The
program must be available for review by the Administrator or by a state agency



participating under 49 U. S. C. Chapter 601 if the program is under the authority of
that state agency.
(b) Operators must complete the qualification of individuals performing covered
tasks by October 28, 2002.
I'1192. 805 Qualification program.
Each operator shall have and follow a written qualification program. The program
shall include provisions to:
(a) Identify covered tasks;
(b) Ensure through evaluation that individuals performing covered tasks are
qualified;
(c) Allow individuals that are not qualified pursuant to this subpart to perform a
covered task if directed and observed by an individual that is qualified;
tt192. 807 Recordkeeping.
Each operator shall maintain records that demonstrate compliance with this
subpart.
(a) Qualification records shall include:
(1) Identification of qualified individual(s);
(2) Identification of the covered tasks the individual is qualified to perform;
(3) Date(s) of current qualification; and
(4) Qualification method(s).
(b) Records supporting an individual's current qualification shall be maintained
while he individual is performing the covered task. Records of prior qualification
and records of individuals no longer performing covered tasks shall be retained for
a period of five years.
Raton cannot provide the OQ qualification records for the welder who performed the
repair work on the pipeline subsequent to the September 15, 2004 incident in Las
Animas County, Colorado. Per Raton's Operator Qualification Plan the covered task of
welding cannot be observed a person not OQ qualified for the covered task if observed
by another OQ qualified individual.
Under 49 United States Code, tj 60122, you are subject to a civil penalty not to exceed
$100, 000 for each violation for each day the violation persists up to a maximum of $1, 000, 000
for any related series of violations. We have reviewed the circumstances and supporting
documents involved in this case, and have decided not to conduct additional enforcement action
or penalty assessment proceedings at this time. We advise you to correct the item(s) identified
in this letter. Failure to do so will result in Raton Gas Transmission being subject to additional
enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 2-2008-1010W. Be advised that all material you submit in response to this enforcement
action is subject to being made publicly available. If you believe that any portion of your



responsive material qualifies for confidential treatment under 5 U. S. C. 552(b), along with the
complete original document you must provide a second copy of the document with the portions
you believe qualify for confidential treatment redacted and an explanation of why you believe
the redacted information qualifies for confidential treatment under 5 U. S. C. 552(b).
Sincerely,
Linda Daugherty
Director, Southern Region
Pipeline and Hazardous Materials Safety Administration
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