{"operation":"document","citation":"CPF 220181002W","title":"CAROLINA GAS TRANSMISSION, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-05-16","effective_on":null,"summary":"CLOSED warning letter citing 199.105(c)(5).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220181002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220181002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220181002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220181002W","body":"Warning Letter involving CAROLINA GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 199.105(c)(5). The case was opened on 2018-05-16 and is reported as closed as of 2018-05-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220181002W_Warning Letter_05162018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181002W/220181002W_Warning%20Letter_05162018.pdf\n\n220181002W_Warning Letter_05162018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181002W/220181002W_Warning%20Letter_05162018_text.pdf\n\n220181002W_Warning Letter_05162018_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 16, 2018\nMr. Paul E. Ruppert\nPresident, Gas Transmission\nDominion Energy\n120 Tredegar Street\nRichmond VA 23219\nCPF 2-2018-1002W\nDear Mr. Ruppert:\nOn May 2, 2018, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected the Dominion Energy Carolina Gas Transmission, LLC (DECGT) Drug and\nAlcohol Programs in Columbia, South Carolina.\nAs a result of the inspection, it is alleged that DECGT has committed a probable violation of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item\ninspected and the probable violation is:\n1. §199.105 Drug tests required.\nEach operator shall conduct the following drug tests for the presence of a prohibited\ndrug:\n… (c) Random testing.\n… (5) The selection of employees for random drug testing shall be made by a\nscientifically valid method, such as a random number table or a computer-based\nrandom number generator that is matched with employees' Social Security\nnumbers, payroll identification numbers, or other comparable identifying\nnumbers. Under the selection process used, each covered employee shall have an\nequal chance of being tested each time selections are made.\nDECGT did not use a random drug testing selection process in 2016 and 2017 that\nensured each covered employee had an equal chance of being tested each time selections\nwere made.\n\n\n\nDuring the PHMSA Drug and Alcohol inspection on May 2, 2018, DECGT personnel\nself-reported that they had discovered an error in DECGT’s 2016 and 2017 random drug\ntesting selection process. The Carolina Gas Transmission (CGT) Drug & Alcohol testing\nprograms were taken over by Dominion Energy at the corporate level when Dominion\nEnergy acquired CGT in early 2016. During the transition, a process error resulted in 69\nDECGT covered employees being inadvertently left out of the random drug testing\nselection pool. No other Dominion Energy companies were affected.\nAs a result of this discovery, DECGT initiated and completed pre-employment drug\ntesting for all of the affected covered employees and is undertaking an investigation to\nprevent this from happening during any future acquisitions.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, DECGT 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. We have reviewed the\ncircumstances and supporting documents involved in this case, and have decided not to\nconduct additional enforcement action or penalty assessment proceedings at this time. We\nadvise you to correct the item identified in this letter. Failure to do so will result in Dominion\nEnergy Carolina Gas Transmission, LLC being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2018-1002W. 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,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n2","truncated":false,"body_characters":4475}