{"operation":"document","citation":"CPF 220151006M","title":"TEXAS GAS TRANSMISSION, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-10-13","effective_on":null,"summary":"CLOSED notice of amendment citing 192.805(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220151006m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220151006m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220151006m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220151006M","body":"Notice of Amendment involving TEXAS GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 192.805(c). The case was opened on 2015-10-13 and is reported as closed as of 2017-11-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220151006M_Closure Letter_11142017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220151006M/220151006M_Closure%20Letter_11142017.pdf\n\n220151006M_Notice oF Amendment_10132015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220151006M/220151006M_Notice%20oF%20Amendment_10132015.pdf\n\n220151006M_Notice Of Amendment_10132015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220151006M/220151006M_Notice%20Of%20Amendment_10132015_text.pdf\n\n220151006M_Operator Response to Notice and Request For Hearing and Request for Case Documents_11112015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220151006M/220151006M_Operator%20Response%20to%20Notice%20and%20Request%20For%20Hearing%20and%20Request%20for%20Case%20Documents_11112015.pdf\n\n220151006M_Closure Letter_11142017.pdf\n\nU.S. Department\n233 Peachtree Street Ste. 600\nof Transportation\nAtlanta, GA 30303\nPipeline and\nAdministration\nHazardous Materials Safety\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 14, 2017\nMr. Richard Keyser\nSr. Vice President Operations\nTexas Gas Transmission, LLC\nBoardwalk Pipeline Partners, LP\n9 Greenway Plaza, Suite 2800\nHouston, TX 77046\nCPF 2-2015-1006M\nDear Mr. Keyser:\nOn July 28-29, 2015, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), Southern Region inspected the\nTexas Gas Transmission, LLC (TGT) Operator Qualification program at your office in\nOwensboro, Kentucky, pursuant to Chapter 601 of 49 United States Code. TGT is a\nsubsidiary of Boardwalk Pipeline Partners, LP (BWP). As a result of the inspection, PHMSA\nissued a Notice of Amendment (NOA) on October 13, 2015.\nThe OPS Southern Region has received and reviewed several written responses to the NOA\nfrom TGT, including TT's final response dated July 21, 2016. Based on our review of these\nresponses we have determined that TT has complied with the terms of the NOA. This case\nis now closed and no further action is necessary with respect to the matters involved in this\ncase.\nPlease be advised that this letter refers only to the referenced NOA (CPF 2-2015-1006M) and\nnot to any other PHMSA cases, if any.\nSincerely,\nCeL\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n\n220151006M_Notice Of Amendment_10132015_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 13, 2015\nMr. Richard Keyser\nSr. Vice President Operations\nTexas Gas Transmission, LLC\nBoardwalk Pipeline Partners, LP\n9 Greenway Plaza, Suite 2800\nHouston, TX 77046\nCPF 2-2015-1006M\nDear Mr. Keyser:\nOn July 28-29, 2015, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), Southern Region inspected the\nTexas Gas Transmission, LLC (TGT) Operator Qualification program at your office in\nOwensboro, Kentucky, pursuant to Chapter 601 of 49 United States Code. TGT is a\nsubsidiary of Boardwalk Pipeline Partners, LP (BWP).\nOn the basis of the inspection, PHMSA has identified apparent inadequacies within the TGT\nwritten Operator Qualification Plan as described below:\n1. §192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n… (c) Allow individuals that are not qualified pursuant to this subpart to perform a\ncovered task if directed and observed by an individual that is qualified;\nTGT’s written qualification program was inadequate because it contained span of control\nlimits of 1:3 for some covered tasks that only 1 non-qualified individual could perform\nwhile under the direction and observation of a qualified individual.\nAs an example, the written program lists the following tasks with a span of control limit of\n1:3.\n• Task 408OP Inspect Cathodic Protection Rectifier\n• Task 409OP Inspect Interference Bonds\n• Task 419OP Cathodic Protection Potential Measurement\n\n\n\nTasks 408OP, 409OP and 419OP all require an individual to measure voltage and/or\ncurrent using an electrical meter. It is not reasonable that three individuals could be doing\nany of these tasks at the same time while one qualified individual is directing and\nobserving them in a manner that would allow the qualified individual to intervene if\nnecessary.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 30 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacy\nidentified herein has been addressed in your amended procedures, this enforcement action will\nbe closed.\nIt is requested (not mandated) that Texas Gas Transmission maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment (preparation/\nrevision of plans, procedures) and submit the total to the Director, Southern Region – Office\nof Pipeline Safety, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to CPF 2-2015-1006M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nLori Hutwagner\nActing Director, Office of Pipeline Safety\nPHMSA Southern Region\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n2","truncated":false,"body_characters":6947}