{"operation":"document","citation":"CPF 220181005","title":"MISSISSIPPI HUB, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-07-18","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.13(c), 192.805.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220181005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220181005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220181005","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220181005","body":"Notice of Probable Violation involving MISSISSIPPI HUB, LLC. PHMSA's enforcement data identifies the cited regulations as 192.13(c),  192.805. The case was opened on 2018-07-18 and is reported as closed as of 2019-09-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220181005_Final Order_09162019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181005/220181005_Final%20Order_09162019.pdf\n\n220181005_Final Order_09162019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181005/220181005_Final%20Order_09162019_text.pdf\n\n220181005_Hearing Scheduled_10232018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181005/220181005_Hearing%20Scheduled_10232018.pdf\n\n220181005_NOPV_PCO_07182018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181005/220181005_NOPV_PCO_07182018.pdf\n\n220181005_NOPV_PCO_07182018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181005/220181005_NOPV_PCO_07182018_text.pdf\n\n220181005_Operator Hearing Request Withdrawn_11302018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181005/220181005_Operator%20Hearing%20Request%20Withdrawn_11302018.pdf\n\n220181005_Operator Response to Notice and Request for Hearing_08102018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181005/220181005_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing_08102018.pdf\n\n220181005_Hearing Scheduled_10232018.pdf\n\nof Transportation\nU.S. Department\nWashington DC 20590\n1200 New Jersey Avenue SE\nSafety Administration\nPipeline and Hazardous Materials\nOctober 23, 2018\nVIA CERTIFIED MAIL AND EMAIL TO: HBerglund@SempraGlobal.com and\nJames.Urisko@dot.gov\nMr. Hugh Berglund\nDirector of Operations\nMississippi Hub, LLC\n2925 Briarpark Drive, Suite 850\nHouston, TX 77042\nMs. James Urisko\nDirector, Southern Region\nPipeline and Hazardous Materials Safety Administration\n233 Peachtree Street, Suite 600\nAtlanta, GA 30303\nRe: Notice of Hearing, Mississippi Hub, LLC\nCPF No. 2-2018-1005\nDear Mr. Berglund and Mr. Urisko:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation and Proposed Compliance Order issued by the Office of Pipeline Safety in the\nabove-referenced case. The hearing has been scheduled to take place on December 11, 2018,\nbeginning at 9:00 a.m. Eastern Time.\nThe hearing will be at the PHMSA Southern Region office, 233 Peachtree Street, Suite 600,\nAtlanta, GA 30303. The hearing officer will appear by videoconference. Upon arrival at the\nbuilding, attendees will be required to present photo identification to security personnel. A contact\nphone number for the day of the hearing is (404) 832-1140.\nBoth parties must submit and exchange any additional written materials they intend to present at\nleast 10 calendar days prior to the hearing (December 1, 2018), along with a list of attendees, and\nthe names of any witnesses who may testify. You may provide this information electronically. If\nyou have any questions, please contact me at (202) 366-6139 or at kristin.baldwin@dot.gov.\nIf you have any questions, please do not hesitate to contact me.\nSincerely,\nBali\nPresiding Official\n\n\n\nCPF No. 2-2018-1005\nPage 2\ncc (email):\nMs. Ahuva Battams, Counsel, Southern Region, OPS\nPHMSA Compliance Registry\n\n220181005_Final Order_09162019_text.pdf\n\nSeptember 16, 2019\nMr. Daniel R. Revers\nManaging Partner\nArcLight Capital Holdings, LLC\n200 Clarendon Street, 55th Floor\nBoston, Massachusetts 02116\nRe: CPF No. 2-2018-1005\nDear Mr. Revers:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that Mississippi Hub, LLC, a subsidiary of ArcLight Capital Holdings, LLC,\noperated by Enstor Gas, LLC, has completed the actions specified in the Notice to comply with\nthe pipeline safety regulations. Therefore, this case is now closed. Service of the Final Order by\ncertified mail is effective upon the date of mailing, as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. James Urisko, Director, Southern Region, Office of Pipeline Safety, PHMSA\nMr. Hugh Berglund, Director of Operations, Mississippi Hub, LLC, 2925 Briarpark\nDrive, Suite 850, Houston, Texas 77042\nMr. Paul Bieniawski, Chief Executive Officer, Enstor Gas, LLC, 10375 Richmond\nAvenue, Suite 1900, Houston, Texas 77042\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n_____________________________________________\nIn the Matter of )\nMississippi Hub, LLC, ) CPF No. 2-2018-1005\na subsidiary of ArcLight Capital Holdings, LLC, )\n)\n)\n)\nRespondent. )\n_____________________________________________)\nFINAL ORDER\nFrom April 23 through 26, 2018, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Mississippi Hub,\nLLC (MS Hub or Respondent), in Mississippi. This facility consists of a gas storage field,\ncompressor station, and approximately 30 miles of transmission pipeline in Covington, Jefferson\nDavis, and Simpson Counties, Mississippi.1 In February 2019, ArcLight Capital Holdings, LLC\n(ArcLight) acquired MS Hub from Spectra Energy.2 Ensor Gas, LLC, an affiliate of ArcLight,\nnow manages operations at the MS Hub facility.3\nAs a result of the inspection, the Director, Southern Region, OPS (Director), issued to\nRespondent, by letter dated July 18, 2018, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included a warning pursuant to 49 C.F.R. § 190.205. In\naccordance with 49 C.F.R. § 190.207, the Notice proposed finding that MS Hub violated 49\nC.F.R. § 192.805 and proposed ordering Respondent to take certain measures to correct the\nalleged violation. The warning item required no further action, but warned the operator to\ncorrect the probable violation or face possible future enforcement action.\nMS Hub responded to the Notice by letter dated August 10, 2018 (Response). Respondent\ncontested the allegation of violation and requested a hearing. The company also contested the\nwarning item and requested that the item be withdrawn. However, pursuant to 49 C.F.R.\n§ 190.205, PHMSA does not adjudicate warning items.\n1 Pipeline Safety Violation Report (Violation Report), (July 19, 2018) (on file with PHMSA), at 1.\n2 https://www.pehub.com/2019/01/arclight-to-acquire-sempra-energys-non-utility-u-s-natural-gas-storage-facilities/\n(last accessed July 30, 2019).\n3 Id; see also Ensor’s website, available at https://www.enstorinc.com/mississippi-hub-storage.html (last accessed\nJuly 30, 2019).\n\n\n\nCPF No. 2-2018-1005\nPage 2\nBy letter dated November 30, 3018, Respondent withdrew its request for a hearing and thereby\nauthorized the entry of this Final Order without further notice.\nFINDING OF VIOLATION\nThe Notice alleged that Respondent violated 49 C.F.R. Part 192, as follows:\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.805, which states:\n§ 192.805 Qualification program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(a) Identify covered tasks;\n(b) Ensure through evaluation that individuals performing covered tasks\nare qualified;\n(c) Allow individuals that are not qualified pursuant to this subpart to\nperform a covered task if directed and observed by an individual that is\nqualified;\n(d) Evaluate an individual if the operator has reason to believe that the\nindividual's performance of a covered task contributed to an incident as\ndefined in Part 191;\n(e) Evaluate an individual if the operator has reason to believe that the\nindividual is no longer qualified to perform a covered task;\n(f) Communicate changes that affect covered tasks to individuals\nperforming those covered tasks;\n(g) Identify those covered tasks and the intervals at which evaluation of\nthe individual's qualifications is needed;\n(h) After December 16, 2004, provide training, as appropriate, to ensure\nthat individuals performing covered tasks have the necessary knowledge\nand skills to perform the tasks in a manner that ensures the safe operation\nof pipeline facilities; and\n(i) After December 16, 2004, notify the Administrator or a state agency\nparticipating under 49 U.S.C. Chapter 601 if the operator significantly\nmodifies the program after the administrator or state agency has verified\nthat it complies with this section. Notifications to PHMSA may be\nsubmitted by electronic mail to InformationResourcesManager@dot.gov,\nor by mail to ATTN: Information Resources Manager DOT/PHMSA/OPS,\nEast Building, 2nd Floor, E22-321, New Jersey Avenue SE., Washington,\nDC 20590.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.805 by not following its written\nqualification program. Specifically, the Notice alleged that MS Hub did not follow the\nrequirements in its Operator Qualification (OQ) program to evaluate the appropriateness and\neffectiveness of established span of control limits.\n\n\n\nCPF No. 2-2018-1005\nPage 3\nIn its Response, MS Hub initially contested this allegation of violation, claiming that it conducts\nperiodic reviews to assess, among other things, the appropriateness and effectiveness of task-\nspecific span of control limits, and attached supporting documents from the two most recent\nreviews conducted in March 2017 and March 2018. Respondent further alleged that the Notice\ndid not establish how the span of control ratios for the cited covered tasks are either inapplicable\nor ineffective, or how they constituted a violation of § 192.805. After informal consultation with\nOPS, MS Hub agreed to review and update its span of control limits for all covered tasks in its\nOQ program to ensure each is appropriate and effective. Following these discussions, on\nNovember 30, 2018, MS Hub sent a letter to OPS withdrawing the portion of its Response\ncontesting the Notice and requesting a hearing.\nAccordingly, after considering all of the evidence, I find that Respondent violated 49 C.F.R.\n§ 192.805 by not following its written qualification program.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 2 in the Notice for violation of 49\nC.F.R. § 192.805. Under 49 U.S.C. § 60118(a), each person who engages in the transportation\nof gas or who owns or operates a pipeline facility is required to comply with the applicable\nsafety standards established under chapter 601. The Director indicates that Respondent has taken\nthe following actions specified in the proposed compliance order:\n1. With respect to the violation of § 192.805 (Item 2), Respondent has reviewed and\nupdated the span of control limits for all covered tasks in its OQ program to ensure\neach is appropriate and effective.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\nWARNING ITEM\nWith respect to Item 1, the Notice alleged probable violations of Part 192 but did not propose a\ncivil penalty or compliance order for this item. Therefore, this is considered to be a warning\nitem. The warning was for:\n49 C.F.R. § 192.13(c) (Item 1) ─ Respondent’s alleged failure to follow its\nestablished procedures for minimizing the detrimental effects of stray currents, as\nrequired by 49 C.F.R. § 192.473(a).\n\n\n\nCPF No. 2-2018-1005\nPage 4\nIf OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject\nto future enforcement action. The terms and conditions of this Final Order are effective upon\nservice in accordance with 49 C.F.R. § 190.5.\nSeptember 16, 2019\n___________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":12188}