{"operation":"document","citation":"CPF 220181007","title":"FREEBIRD GAS STORAGE, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-11-14","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.463(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220181007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220181007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220181007","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220181007","body":"Notice of Probable Violation involving FREEBIRD GAS STORAGE, LLC. PHMSA's enforcement data identifies the cited regulation as 192.463(a). The case was opened on 2018-11-14 and is reported as closed as of 2020-02-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220181007_Closure Letter_02062020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_Closure%20Letter_02062020.pdf\n\n220181007_Closure Letter_02062020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_Closure%20Letter_02062020_text.pdf\n\n220181007_Final Order_06272019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_Final%20Order_06272019.pdf\n\n220181007_Final Order_06272019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_Final%20Order_06272019_text.pdf\n\n220181007_NOPV PCO_11142018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_NOPV%20PCO_11142018.pdf\n\n220181007_NOPV PCO_11142018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_NOPV%20PCO_11142018_text.pdf\n\n220181007_Operator Response to Notice_12182018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_Operator%20Response%20to%20Notice_12182018.pdf\n\n220181007_Final Order_06272019_text.pdf\n\nJune 27, 2019\nMr. Paul Bieniawski\nChief Executive Officer\nENSTOR Gas, LLC\n20329 State Highway 249, Suite 500\nHouston, Texas 77070\nRe: CPF No. 2-2018-1007\nDear Mr. Bieniawski:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and specifies actions that need to be taken by Freebird Gas Storage, LLC, which\noperates as a subsidiary of ENSTOR Gas, LLC, to comply with the pipeline safety regulations.\nWhen the terms of the compliance order have been completed, as determined by the Director,\nSouthern Region, this enforcement action will be closed. Service of the Final Order by certified\nmail 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\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 )\nFreebird Gas Storage, LLC, ) CPF No. 2-2018-1007\na subsidiary of ENSTOR Gas, LLC, )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom July 16 to 17, 2018, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Freebird Gas\nStorage, LLC (Freebird or Respondent), in Alabama. Freebird, which operates as a subsidiary of\nENSTOR Gas, LLC, is a high-deliverability, multi-cycle natural gas storage facility located in\nLamar County, Alabama and is interconnected with Tennessee Gas Pipeline's 500 Leg in Zone\n1.1\nAs a result of the inspection, the Director, Southern Region, OPS (Director), issued to\nRespondent, by letter dated November 14, 2018, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Freebird had violated 49 C.F.R. § 192.463(a) and proposed ordering Respondent to\ntake certain measures to correct the alleged violation.\nENSTOR Gas, LLC responded on the behalf of Freebird to the Notice by letter dated December\n4, 2018 (Response). The company did not contest the allegation of violation but provided\ninformation concerning the corrective actions it had taken and agreed to complete the remaining\nproposed compliance actions. Respondent did not request a hearing and therefore has waived its\nright to one.\nFINDING OF VIOLATION\nIn its Response, Respondent did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\n1 Freebird is also partially owned by Northwest Alabama Gas District. See ENSTOR Gas, LLC website, available\nat https://www.enstorinc.com/freebird-gas-storage html (last accessed April 25, 2019).\n\n\n\nCPF No. 2-2018-1007\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.463(a), which states:\n§ 192.463 External corrosion control: Cathodic Protection.\n(a) Each cathodic protection system required by this subpart must\nprovide a level of cathodic protection that complies with one or more of the\napplicable criteria contained in appendix D of this part. If none of these\ncriteria is applicable, the cathodic protection system must provide a level of\ncathodic protection at least equal to that provided by compliance with one\nor more of these criteria. 2\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.463(a) by failing to provide a level\nof cathodic protection that complies with, or is at least equal to, one or more of the applicable\ncriteria contained in Appendix D of Part 192. Specifically, the Notice alleged that a review of\nFreebird’s annual cathodic protection (CP) surveys from 2015, 2016, and 2017 showed that only\n“current applied” pipe-to-soil potential were recorded, with values ranging from -.0813V to -\n3.6V. While the surveys referenced the -0.85V criterion from section I(1) of Appendix D,\nFreebird was unable to provide an explanation as to how IR drop was considered, as required by\nsections I and II of Appendix D.\nAdditionally, the Notice noted that Section 10.7 of Freebird’s Operations and Maintenance\nManual, titled Cathodic Protection Survey 192.465(a), does not include consideration of IR drop\nfor the referenced -0.85V criterion as required by section I(1) of Appendix D. Instead, Section\n10.7 allowed the use of other criteria in Appendix D but did not include consideration of IR drop\nfor the other relevant criteria. Moreover, Freebird’s records do not indicate that any criterion\nother the -0.85V criterion was used to determine the level of CP on the Freebird system.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.463(a) by failing to provide a\nlevel of cathodic protection that complies with, or is at least equal to, one or more of the\napplicable criteria contained in Appendix D of Part 192.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n2 Relevant sections of Appendix D to Part 192 - Criteria for Cathodic Protection and Determination of\nMeasurements include:\nI. Criteria for cathodic protection - A. Steel, cast iron, and ductile iron structures.\n(1) A negative (cathodic) voltage of at least 0.85 volt, with reference to a saturated copper-copper\nsulfate half cell. Determination of this voltage must be made with the protective current applied, and\nin accordance with sections II and IV of this appendix.\n. . . .\nII. Interpretation of voltage measurement. Voltage (IR) drops other than those across the structure-\nelectrolyte boundary must be considered for valid interpretation of the voltage measurement in\nparagraphs A(1) and (2) and paragraph B(1) of section I of this appendix.\n\n\n\nCPF No. 2-2018-1007\nPage 3\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violations of 49\nC.F.R. § 192.463(a). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.\n§ 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to\nensure compliance with the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 192.463(a) (Item 1), Respondent must:\na. Modify its procedures to comply with applicable criteria contained in\nAppendix D of Part 192 within 30 days of issuance of the Final Order.\nb. Submit the modified procedure to the Director within 30 days of issuance\nof the Final Order.\nc. Upon approval of the modified procedure, perform and document a\ncathodic protection survey using the approved procedure within 180 days\nof issuance of the Final Order.\nd. Submit the result of the cathodic protection survey and any proposed\nremedial actions (if any) to the Director within 180 days of issuance of the\nFinal Order.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nIt is requested (not mandated) that Respondent maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the total to the\nDirector. It is requested that these costs be reported in two categories: (1) total cost associated\nwith preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated\nwith replacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this\nFinal Order by Respondent. Any petition submitted must contain a statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The terms of the order, including corrective\n\n\n\nCPF No. 2-2018-1007\nPage 4\naction, remain in effect unless the Associate Administrator, upon request, grants a stay.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nJune 27, 2019\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n220181007_Closure Letter_02062020_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 6, 2020\nMr. Paul Bieniawksi\nChief Executive Officer\nEnstor Gas, LLC\n20329 State Highway 249, Suite 500\nHouston, TX 77070\nCPF 2-2018-1007\nDear Mr. Bieniawksi:\nFrom July 16 to July 17, 2018, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\ninspected Freebird Gas Storage, LLC (Freebird) facilities, records, and procedures in Alabama.\nAs a result of the inspection, OPS issued Freebird a Final Order with a Compliance Order (CO)\non June 27, 2019. The CO required Freebird to undertake certain actions to ensure compliance\nwith the federal pipeline safety regulations.\nOPS Southern Region received multiple communications documenting Freebird’s response to the\nCO, with all items confirmed as completed as of November 22, 2019.\nBased upon our review of the actions taken by Freebird (as well as the supporting\ndocumentation), we have determined that Freebird has complied with the terms of the CO and\nthe Final Order. This case is now closed and no further action is necessary with respect to the\nmatters involved in this case.\nPlease be advised that this letter refers only to the above referenced order (CPF 2-2018-1007)\nand not to any other PHMSA cases, if any.\nSincerely,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region","truncated":false,"body_characters":12068}