{"operation":"document","citation":"CPF 220173001W","title":"CHATTANOOGA GAS CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-12-28","effective_on":null,"summary":"CLOSED warning letter citing 191.29(b), 193.2719(a)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220173001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220173001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220173001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220173001W","body":"Warning Letter involving CHATTANOOGA GAS CO. PHMSA's enforcement data identifies the cited regulations as 191.29(b),  193.2719(a)(2). The case was opened on 2017-12-28 and is reported as closed as of 2017-12-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220173001W_Warning Letter_12282017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220173001W/220173001W_Warning%20Letter_12282017.pdf\n\n220173001W_Warning Letter_12282017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220173001W/220173001W_Warning%20Letter_12282017_text.pdf\n\n220173001W_Warning Letter_12282017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 28, 2017\nBryan Batson\nPresident\nChattanooga Gas Company\n10 Peachtree Place NE\nAtlanta, GA 30309\nCPF 2-2017-3001W\nDear Mr. Batson:\nFrom August 28 - 31, 2017, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety, inspected the\nChattanooga Gas Company (CGC) liquefied natural gas (LNG) facility, records, and\nprocedures in Chattanooga, Tennessee, pursuant to Chapter 601 of 49 United States Code\n(U.S.C.).\nAs a result of the inspection, it is alleged that CGC has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violations are:\n1. §191.29 National Pipeline Mapping System.\n(a) …\n(b) The information required in paragraph (a) of this section must be\nsubmitted each year, on or before March 15, representing assets as of December 31\nof the previous year. If no changes have occurred since the previous year's\nsubmission, the operator must comply with the guidance provided in the NPMS\n\n\n\nOperator Standards manual available at www.npms.phmsa.dot.gov or contact the\nPHMSA Geographic Information Systems Manager at (202) 366-4595.\nCGC failed to meet the regulation because it did not submit a “No Change Notification”\nin accordance with the guidance provided in the NPMS Operator Standards manual, on\nor before March 15, 2017, representing its assets as of December 31, 2016. CGC\ne-mailed its “No Change Notification” on August 25, 2017.\n2. §193.2719 Training: records.\n(a) Each operator shall maintain a system of records which—\n(1) …\n(2) Provide evidence that personnel have undergone and satisfactorily\ncompleted the required training programs.\nCGC failed to meet the regulation because it did not maintain a system of records which\nprovided evidence that personnel had undergone and satisfactorily completed required\ntraining programs.\n§193.2715(b) requires that a written plan of continuing instruction must be conducted at\nintervals of not more than two years to keep all personnel having security duties current\non the knowledge and skills they gained in the program of initial instruction.\nA required component of CGC’s continuing security training is the review of its Security\nManual. At the time of PHMSA’s inspection, CGC could not produce records\ndemonstrating two employees’ successful completion of the “Security Manual Review”\nat intervals of not more than two years. Training records for the two employees showed\ncompletion of initial security training in September, 2010, and April, 2015, respectively,\nwith no documentation of any subsequent “Security Manual Reviews.”\nIt should be noted that, upon discovery of the gap in records, CGC revised its process for\nwork order assignment and security training record management.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, CGC is subject to a civil penalty not to\nexceed $209,002 per violation per day the violation persists, up to a maximum of $2,090,022\nfor a related series of violations. For violations occurring prior to November 2, 2015, the\nmaximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. Also, for LNG facilities, an\nadditional penalty of not more than $76,352 for each violation may be imposed. We have\nreviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at\nthis time. We advise CGC to correct the items identified in this letter. Failure to do so will\nresult in CGC being subject to additional enforcement action.\n2\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2017-3001W. 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.\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\nunder 5 U.S.C. 552(b).\nSincerely,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n3","truncated":false,"body_characters":5150}