TEXAS GAS TRANSMISSION, LLC — Notice of Probable Violation

case documentOfficial PDF220111001_NOPV-PCP_01192011.pdf#

case documentOfficial PDF220111001_NOPV-PCP_01192011_text.pdf#

party submissionOfficial PDF220111001_Operator Response_NOPV_PCP_02252011.pdf#

220111001_Final Order_06092011_text.pdf, page 1Official PDFJUN 9 2011 Mr. David Goodwin Vice President Compliance and Operations Services Texas Gas Transmission, LLC 9 Greenway Plaza, Suite 2800 Houston, TX 77046 Mr. Rolf A. Gafvert Chief Executive Officer, President and Director Boardwalk Pipeline Partners, LP 9 Greenway Plaza, Suite 2800 Houston, TX 77046 Re: CPF No. 2-2011-1001 Dear Mr. Goodwin and Mr. Gafvert: Enclosed please find the Final Order issued in the above-referenced case. It makes findings of violation and assesses a civil penalty of $19,600. This is to acknowledge receipt of payment of the full penalty amount, by wire transfer, dated February 28, 2011. This enforcement action is now closed. Service of the Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Jeffrey D. Wiese Associate Administrator for Pipeline Safety Enclosure cc: Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, Pipeline Safety Mr. Wayne T. Lemoi, Director, Southern Region, PHMSA Mr. Walter Bennett, Senior Vice President Operations, Texas Gas Transmission, LLC Mr. Jack Adams, Director, DOT Compliance and Security, Texas Gas Transmission, LLC Mr. Jeffrey McMaine, Director, Pipeline Assessments, Texas Gas Transmission, LLC P.O Box 20008, 3800 Frederica Street, Owensboro, KY 42304-0008 CERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0075 9350]#

220111001_Final Order_06092011_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) Texas Gas Transmission, LLC, ) CPF No. 2-2011-1001 a subsidiary of Boardwalk Pipeline ) Partners, LP, ) ) ) ) Respondent. ) ___________________________________ ) FINAL ORDER On October 5, 2009, through November 20, 2009, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of the facilities and records of Texas Gas Transmission, LLC (Texas Gas or Respondent) in Kentucky and Mississippi. Texas Gas is a wholly-owned subsidiary of Boardwalk Pipeline Partners, LP, which operates a 6,110-mile natural gas pipeline system that spans from Gulf Coast and Fayetteville Shale supply areas to markets in the Midwest and Northeast via interconnections with third-party pipelines. 1 As a result of the inspection, the Director, Southern Region, OPS (Director), issued to Respondent, by letter dated January 19, 2011, a Notice of Probable Violation and Proposed Civil Penalty (Notice).2 Texas Gas had violated 49 C.F.R. §§ 192.709(c) and proposed assessing a civil penalty of $19,600 for the alleged violations. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that 1 Texas Gas Transmission LLC website, http://www.txgt.com; see also Boardwalk Pipeline Partners LP website, http://www.bwpmlp.com. 2 Boardwalk Pipeline Partners LP is a master limited partnership engaged through its subsidiaries, Gulf South Pipeline Company LP, Texas Gas Transmission LLC, and Gulf Crossing Pipeline Company LLC, in the interstate transportation and storage of natural gas. See Boardwalk Pipeline Partners, LP website, http://www.bwpmlp.com. While the Violation Report was addressed to ‘Texas Gas Transmission LLC c/o Boardwalk Pipeline Partners LP,’ the Notice was incorrectly addressed to one of the other wholly-owned subsidiaries of Boardwalk Pipeline Partners, LP, ‘Gulf South Pipeline Co. LP.’ The named individual on the Notice, Mr. David Goodwin, Vice President Compliance and Operations Services, responded on behalf of Texas Gas Transmission LLC. In this Final Order, we have corrected the legal entity name to Texas Gas Transmission LLC, and included the parent entity, Boardwalk Pipeline Partners LP, for clarification and consistency.#

220111001_Final Order_06092011_text.pdf, page 32 Texas Gas responded to the Notice by letter dated February 25, 2011 (Response). The company did not contest the allegations of violation and paid the proposed civil penalty of $19,600, as provided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice to Respondent. FINDINGS OF VIOLATION In its Response, Texas Gas did not contest the allegations in the Notice that it violated 49 C.F.R. Part 192, as follows: Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.709(c), which states: § 192.709 Transmission lines: Record keeping. (a) . . . . (c) A record of each patrol, survey, inspection, and test required by subparts L and M of this part must be retained for at least 5 years or until the next patrol, survey, inspection, or test is completed, whichever is longer. The Notice alleged that Respondent violated 49 C.F.R. § 192.709(c) by failing to maintain records of the relief valve capacity determinations required by subparts L and M of Part 192 for at least 5 years or until the next capacity determination is completed, whichever is longer. Specifically, the Notice alleged that Texas Gas failed to maintain the records for its relief valve capacity determinations for the West Greenville District for the 2008 calendar year. Section 192.743 requires that the capacity of relief devices be determined at intervals not exceeding 15 months, but at least once each calendar year. That determination must be made by either testing the devices in place, or by review and calculations. Section 192.709(c) further requires that these records of these tests be retained for at least 5 years or until the next patrol, survey, inspection, or test is completed, whichever is longer. Texas Gas makes and keeps a record of its regulator valve, monitor, and relief valve inspections, including capacity reviews, on a Regulatory Inventory Inspection Records with Capacity Review sheet in its Condensed Inventory Report. The Condensed Inventory Report reviewed by PHMSA during the inspection contained relief valve capacity determination reviews for the 2006 and 2007 calendar years, as well as multiple capacity determination reviews for the 2009 calendar year. The Condensed Inventory Report, however, did not contain capacity determination reviews for a number of relief valves in its West Greenville District for the 2008 calendar year.3 Respondent did not contest this allegation of violation. Accordingly, based upon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 192.709(c) by failing to maintain records of relief valve capacity determinations required by subparts L and M of Part 192 for at least 5 years or until the next capacity determination is completed, whichever is longer. 3 Pipeline Safety Violation Report, at 2.#

220111001_Final Order_06092011_text.pdf, page 43 Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.709(c), which states: § 192.709 Transmission lines: Record keeping. (a) . . . . (c) A record of each patrol, survey, inspection, and test required by subparts L and M of this part must be retained for at least 5 years or until the next patrol, survey, inspection, or test is completed, whichever is longer. The Notice alleged that Respondent violated 49 C.F.R. § 192.709(c) by failing to maintain records of each inspection required by subparts L and M of this part for at least 5 years or until the inspection is completed, whichever is longer. Specifically, the Notice alleged that Texas Gas did not have mainline valve inspection records for the 2008 calendar year. Section 192.745 requires that “[e]ach transmission line valve that might be required during any emergency . . . be inspected and partially operated at intervals not exceeding 15 months, but at least once each calendar year.” Section 192.709(c) further requires that records of these inspections be retained for at least 5 years or until the next inspection is completed, whichever is longer. Respondent did not contest this allegation of violation. Accordingly, based upon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 192.709(c) by failing to maintain records of each mainline valve inspection required by subparts L and M of Part 192 for at least 5 years or until the next inspection is completed, whichever is longer. The terms and conditions of this Final Order are effective upon service in accordance with 49 C.F.R. § 190.5. ___________________________________ __________________________ Jeffrey D. Wiese Date Issued Associate Administrator for Pipeline Safety#