{"operation":"document","citation":"CPF 220120006W","title":"ECOELECTRICA L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-10-18","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a), 192.605(b)(8), 192.614(a), 192.619(a)(1), 192.631(a)(1), 192.807(a), 192.807(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220120006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220120006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220120006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220120006W","body":"Warning Letter involving ECOELECTRICA L.P.. PHMSA's enforcement data identifies the cited regulations as 192.605(a),  192.605(b)(8),  192.614(a),  192.619(a)(1),  192.631(a)(1),  192.807(a),  192.807(b). The case was opened on 2012-10-18 and is reported as closed as of 2012-10-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220120006W_warning letter_10182012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220120006W/220120006W_warning%20letter_10182012.pdf\n\n220120006W_warning letter_10182012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220120006W/220120006W_warning%20letter_10182012_text.pdf\n\n220120006W_warning letter_10182012_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 18, 2012\nMr. Carlos Reyes\nCo-President & General Manager Operations\nEcoElectrica L.P.\nStreet 337, KM 3.7 Bo Tallaboa Poniente\nPenuelas, PR 00624\nDear Mr. Reyes: CPF 2-2012-0006W\nBetween April 23 and 27, 2012, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Southern Region, Office of Pipeline Safety inspected the\nEcoElectrica, L.P. (EcoElectrica) Costa Sur Pipeline in Penuelas, Puerto Rico, pursuant to\nChapter 601 of 49 United States Code.\nAs a result of the inspection, it appears that EcoElectrica has committed probable violations of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected\nand the probable violations are as follows:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least once each\ncalendar year. This manual must be prepared before operations of a pipeline system\ncommence. Appropriate parts of the manual must be kept at locations where\noperations and maintenance activities are conducted.\nEcoElectrica’s operations, maintenance, and emergency response (OMER) manual\nProcedure LNGT-060 Transmission Pipeline Operator Qualification (OQ) Program\nRevision #0 dated March 13, 2012 (Procedure LNGT-060) did not require reviews and\nupdates of the OQ program to be made at intervals not exceeding 15 months, but at least\nonce each calendar year.\n\n\n\n2. §192.605 Procedural manual for operations, maintenance, and emergencies.\n. . . (b) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n. . . (8) Periodically reviewing the work done by operator personnel to determine the\neffectiveness and adequacy of the procedures used in normal operation and\nmaintenance and modifying the procedure when deficiencies are found.\nEcoElectrica’s OMER Procedure LNGT-060 did not require the periodic review of the\nwork done by operator personnel to determine the effectiveness and adequacy of its OQ\nprogram. Moreover, it did not require modifying the program procedures when\ndeficiencies are found.\nExamples of items that EcoElectrica needs to review to determine the effectiveness of its\nOQ program include, but are not limited to:\n− The adequacy of training for specific covered tasks,\n− The adequacy of evaluations to determine if an individual has the required\nknowledge, skills, and abilities to perform a covered task,\n− The adequacy of individual to recognize an abnormal operating condition (AOC);\nand,\n− The adequacy of an individual to take appropriate action(s) after an AOC.\n3. §192.614 Damage prevention program.\n(a) Except as provided in paragraphs (d) and (e) of this section, each operator of a\nburied pipeline shall carry out, in accordance with this section, a written program to\nprevent damage to that pipeline from excavation activities. For the purpose of this\nsection, the term \"excavation activities\" includes excavation, blasting, boring,\ntunneling, backfilling, the removal of aboveground structures by either explosive or\nmechanical means, and other earth moving operations . . . .\nEcoElectrica did not have a written program to prevent damage to the Costa Sur pipeline\nfrom excavation activities.\nEcoElectrica operates the 1.7-mile Costa Sur pipeline, which is buried for a total of\napproximately 382 feet in six short segments, five of which are encased in concrete and\none which is inside of a concrete pipe. The pipeline is located in its entirety on four\nindustrial properties that are restricted from public access by security fencing and manned\nsecurity gates.\n4. §192.619 What is the maximum allowable operating pressure for steel or plastic\npipelines?\n(a) No person may operate a segment of steel or plastic pipeline at a pressure that\nexceeds a maximum allowable operating pressure determined under paragraph (c)\nor (d) of this section, or the lowest of the following:\n(1) The design pressure of the weakest element in the segment, determined in\naccordance with Subparts C and D of this part. ….\n2\n\n\n\nEcoElectrica did not correctly determine the maximum allowable operating pressure of a\nsegment of the Costa Sur pipeline because it did not use the design pressure of the\nweakest element.\nEcoElectrica’s operations, maintenance, and emergency response (OMER) manual of\nwritten procedures Section III (d) Maximum Allowable Operating Pressure (MAOP) (pp.\n11-14) indicated that the MAOP of the Costa Sur pipeline was 1090 psig. The procedure\ndid not include MAOP determination of the recently installed meter station, a component\nof the Costa Sur Pipeline located at the beginning of the line.\nAlthough construction records indicated the station was designed to 1,000 psig per ASME\nB31.3, the MAOP determination process must follow Part 192 requirements. Based on the\nmeter station design and test information provided to the inspector, the meter station\nMAOP is limited to the design pressure of the weakest element in the station: 1001 psig,\ndetermined in accordance with Subpart C of Part 192: 192.105(a) and 192.111(d)(1) for\n24” x 0.687” w.t., ASTM A106 Grade B seamless pipe. The pipeline normally operates at\napproximately 650 psig, with the pipeline overpressure control valve set to control/close at\n700 psig.\n5. § 192.631 Control room management.\n(a) General.\n(1) This section applies to each operator of a pipeline facility with a controller\nworking in a control room who monitors and controls all or part of a pipeline facility\nthrough a SCADA system. Each operator must have and follow written control room\nmanagement procedures that implement the requirements of this section, except that\nfor each control room where an operator's activities are limited to either or both of:\n(i) Distribution with less than 250,000 services, or\n(ii) Transmission without a compressor station, the operator must have and follow\nwritten procedures that implement only paragraphs (d) (regarding fatigue), (i)\n(regarding compliance validation), and (j) (regarding compliance and deviations) of\nthis section.\nEcoElectrica did not have written control room management procedures that would\ncomply with the applicable requirements of §192.631. EcoElectrica is the operator of the\n1.7-mile Costa Sur Pipeline, a transmission pipeline without a compressor station, but\nwith a controller working in a control room who monitors and controls the pipeline\nthrough a SCADA system. Section 192.631(a)(2) required these procedures to have been\ndeveloped no later than August 1, 2011.\n6. §192.807 Recordkeeping.\nEach operator shall maintain records that demonstrate compliance with this\nsubpart.\n(a) Qualification records shall include:\n(1) Identification of qualified individual(s);\n(2) Identification of the covered tasks the individual is qualified to perform;\n(3) Date(s) of current qualification; and\n(4) Qualification method(s).\n3\n\n\n\nEcoElectrica did not maintain records that demonstrated compliance with Part 192,\nSubpart N-Qualification of Pipeline Personnel because records did not include the items\nrequired by §192.807(a).\nWhen asked by the inspector for such records for certain tasks for Individual #1 and\n(contracted) Individual #2, EcoElectrica provided inadequate records, as follows:\n- The records applicable to specific tasks did not include the (1) Identification of\nqualified individual(s);\n- The records did not include the (2) Identification of the covered tasks the individual is\nqualified to perform;\n- The records did not include the (3) Date(s) of current qualification; and,\n- The records did not include the (4) Qualification method(s).\nIndividual #1: Task 5.1-Line Operation (specifically to inspect and test the pipeline OPP\nValve PCV-SGA-23). The record provided was a Tecnologia de Instrumentacion\n(Instrument Technician) diploma dated May 27, 1998, issued by the Institute Tecnologia\nde Puerto Rico.\nIndividual #2: Tasks 5.4-Cathodic Protection Testing, and 5.5-Corrosion Control. The\nrecords provided were Ingeniero Licenciado (Engineering License) dated\nAugust 23, 2010, issued by the Secretaria Auxiliar de Juntos Examinadoras Puerto Rico\nDeprtamento de Estado, and a professional engineering license card.\n7. §192.807 Recordkeeping.\n. . . (b) Records supporting an individual’s current qualification shall be maintained\nwhile the individual is performing the covered task. Records of prior qualification\nand records of individuals no longer performing covered tasks shall be retained for a\nperiod of five years.\nEcoElectrica did not maintain records supporting an individual’s current qualification\n“while the individual is performing the covered task” nor did EcoElectrica maintain prior\nqualification records.\nWhen asked by the inspector for such records for the contracted individual who performed\ncathodic protection and corrosion prevention tasks on the Costa Sur pipeline, EcoElectrica\nprovided only an engineering license certificate for the individual. The certificate did not\nprovide evidence that the individual was, or had previously been, qualified to perform task\n5.4-Cathodic Protection Testing, and task 5.5-Corrosion Control that are listed in\nProcedure LNGT-060. The individual had performed cathodic protection and corrosion\nprevention tasks on the Costa Sur pipeline.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 3, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct4\n\n\n\nthese items identified in this letter. Failure to do so will result in EcoElectrica L.P. being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2012-0006W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n5","truncated":false,"body_characters":11978}