# FREEBIRD GAS STORAGE, LLC — Notice of Probable Violation

- **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:** Not available
- **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.

Official case documents:

220181007_Closure Letter_02062020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_Closure%20Letter_02062020.pdf

220181007_Closure Letter_02062020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_Closure%20Letter_02062020_text.pdf

220181007_Final Order_06272019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_Final%20Order_06272019.pdf

220181007_Final Order_06272019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_Final%20Order_06272019_text.pdf

220181007_NOPV PCO_11142018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_NOPV%20PCO_11142018.pdf

220181007_NOPV PCO_11142018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_NOPV%20PCO_11142018_text.pdf

220181007_Operator Response to Notice_12182018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220181007/220181007_Operator%20Response%20to%20Notice_12182018.pdf

220181007_Final Order_06272019_text.pdf

June 27, 2019
Mr. Paul Bieniawski
Chief Executive Officer
ENSTOR Gas, LLC
20329 State Highway 249, Suite 500
Houston, Texas 77070
Re: CPF No. 2-2018-1007
Dear Mr. Bieniawski:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation and specifies actions that need to be taken by Freebird Gas Storage, LLC, which
operates as a subsidiary of ENSTOR Gas, LLC, to comply with the pipeline safety regulations.
When the terms of the compliance order have been completed, as determined by the Director,
Southern Region, this enforcement action will be closed. Service of the Final Order by certified
mail is effective upon the date of mailing, as provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. James Urisko, Director, Southern Region, Office of Pipeline Safety, PHMSA
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Freebird Gas Storage, LLC, ) CPF No. 2-2018-1007
a subsidiary of ENSTOR Gas, LLC, )
)
)
)
Respondent. )
____________________________________)
FINAL ORDER
From July 16 to 17, 2018, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site pipeline safety inspection of the facilities and records of Freebird Gas
Storage, LLC (Freebird or Respondent), in Alabama. Freebird, which operates as a subsidiary of
ENSTOR Gas, LLC, is a high-deliverability, multi-cycle natural gas storage facility located in
Lamar County, Alabama and is interconnected with Tennessee Gas Pipeline's 500 Leg in Zone
1.1
As a result of the inspection, the Director, Southern Region, OPS (Director), issued to
Respondent, by letter dated November 14, 2018, a Notice of Probable Violation and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that Freebird had violated 49 C.F.R. § 192.463(a) and proposed ordering Respondent to
take certain measures to correct the alleged violation.
ENSTOR Gas, LLC responded on the behalf of Freebird to the Notice by letter dated December
4, 2018 (Response). The company did not contest the allegation of violation but provided
information concerning the corrective actions it had taken and agreed to complete the remaining
proposed compliance actions. Respondent did not request a hearing and therefore has waived its
right to one.
FINDING OF VIOLATION
In its Response, Respondent did not contest the allegation in the Notice that it violated 49 C.F.R.
Part 192, as follows:
1 Freebird is also partially owned by Northwest Alabama Gas District. See ENSTOR Gas, LLC website, available
at https://www.enstorinc.com/freebird-gas-storage html (last accessed April 25, 2019).



CPF No. 2-2018-1007
Page 2
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.463(a), which states:
§ 192.463 External corrosion control: Cathodic Protection.
(a) Each cathodic protection system required by this subpart must
provide a level of cathodic protection that complies with one or more of the
applicable criteria contained in appendix D of this part. If none of these
criteria is applicable, the cathodic protection system must provide a level of
cathodic protection at least equal to that provided by compliance with one
or more of these criteria. 2
The Notice alleged that Respondent violated 49 C.F.R. § 192.463(a) by failing to provide a level
of cathodic protection that complies with, or is at least equal to, one or more of the applicable
criteria contained in Appendix D of Part 192. Specifically, the Notice alleged that a review of
Freebird’s annual cathodic protection (CP) surveys from 2015, 2016, and 2017 showed that only
“current applied” pipe-to-soil potential were recorded, with values ranging from -.0813V to -
3.6V. While the surveys referenced the -0.85V criterion from section I(1) of Appendix D,
Freebird was unable to provide an explanation as to how IR drop was considered, as required by
sections I and II of Appendix D.
Additionally, the Notice noted that Section 10.7 of Freebird’s Operations and Maintenance
Manual, titled Cathodic Protection Survey 192.465(a), does not include consideration of IR drop
for the referenced -0.85V criterion as required by section I(1) of Appendix D. Instead, Section
10.7 allowed the use of other criteria in Appendix D but did not include consideration of IR drop
for the other relevant criteria. Moreover, Freebird’s records do not indicate that any criterion
other the -0.85V criterion was used to determine the level of CP on the Freebird system.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 192.463(a) by failing to provide a
level of cathodic protection that complies with, or is at least equal to, one or more of the
applicable criteria contained in Appendix D of Part 192.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
2 Relevant sections of Appendix D to Part 192 - Criteria for Cathodic Protection and Determination of
Measurements include:
I. Criteria for cathodic protection - A. Steel, cast iron, and ductile iron structures.
(1) A negative (cathodic) voltage of at least 0.85 volt, with reference to a saturated copper-copper
sulfate half cell. Determination of this voltage must be made with the protective current applied, and
in accordance with sections II and IV of this appendix.
. . . .
II. Interpretation of voltage measurement. Voltage (IR) drops other than those across the structure-
electrolyte boundary must be considered for valid interpretation of the voltage measurement in
paragraphs A(1) and (2) and paragraph B(1) of section I of this appendix.



CPF No. 2-2018-1007
Page 3
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 in the Notice for violations of 49
C.F.R. § 192.463(a). Under 49 U.S.C. § 60118(a), each person who engages in the
transportation of gas or who owns or operates a pipeline facility is required to comply with the
applicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.
§ 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to
ensure compliance with the pipeline safety regulations applicable to its operations:
1. With respect to the violation of § 192.463(a) (Item 1), Respondent must:
a. Modify its procedures to comply with applicable criteria contained in
Appendix D of Part 192 within 30 days of issuance of the Final Order.
b. Submit the modified procedure to the Director within 30 days of issuance
of the Final Order.
c. Upon approval of the modified procedure, perform and document a
cathodic protection survey using the approved procedure within 180 days
of issuance of the Final Order.
d. Submit the result of the cathodic protection survey and any proposed
remedial actions (if any) to the Director within 180 days of issuance of the
Final Order.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
It is requested (not mandated) that Respondent maintain documentation of the safety
improvement costs associated with fulfilling this Compliance Order and submit the total to the
Director. It is requested that these costs be reported in two categories: (1) total cost associated
with preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated
with replacements, additions and other changes to pipeline infrastructure.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for
each day the violation continues or in referral to the Attorney General for appropriate relief in a
district court of the United States.
Under 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final
Order to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey
Avenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of
Chief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this
Final Order by Respondent. Any petition submitted must contain a statement of the issue(s) and
meet all other requirements of 49 C.F.R. § 190.243. The terms of the order, including corrective



CPF No. 2-2018-1007
Page 4
action, remain in effect unless the Associate Administrator, upon request, grants a stay.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
June 27, 2019
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety

220181007_Closure Letter_02062020_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
February 6, 2020
Mr. Paul Bieniawksi
Chief Executive Officer
Enstor Gas, LLC
20329 State Highway 249, Suite 500
Houston, TX 77070
CPF 2-2018-1007
Dear Mr. Bieniawksi:
From July 16 to July 17, 2018, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
inspected Freebird Gas Storage, LLC (Freebird) facilities, records, and procedures in Alabama.
As a result of the inspection, OPS issued Freebird a Final Order with a Compliance Order (CO)
on June 27, 2019. The CO required Freebird to undertake certain actions to ensure compliance
with the federal pipeline safety regulations.
OPS Southern Region received multiple communications documenting Freebird’s response to the
CO, with all items confirmed as completed as of November 22, 2019.
Based upon our review of the actions taken by Freebird (as well as the supporting
documentation), we have determined that Freebird has complied with the terms of the CO and
the Final Order. This case is now closed and no further action is necessary with respect to the
matters involved in this case.
Please be advised that this letter refers only to the above referenced order (CPF 2-2018-1007)
and not to any other PHMSA cases, if any.
Sincerely,
James A. Urisko
Director, Office of Pipeline Safety
PHMSA Southern Region
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