{"operation":"document","citation":"CPF 22021009WL","title":"TENNESSEE GAS PIPELINE COMPANY — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-06-09","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-22021009wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-22021009wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-22021009wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/22021009WL","body":"Warning Letter involving TENNESSEE GAS PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2021-06-09 and is reported as closed as of 2021-06-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n22021009WL_Warning Letter_06092021_(20-172094).pdf: https://primis.phmsa.dot.gov/enforcement-documents/22021009WL/22021009WL_Warning%20Letter_06092021_(20-172094).pdf\n\n22021009WL_Warning Letter_06092021_(20-172094)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/22021009WL/22021009WL_Warning%20Letter_06092021_(20-172094)_text.pdf\n\n22021009WL_Warning Letter_06092021_(20-172094)_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 9, 2021\nMr. Kenneth Grubb\nChief Operating Officer\nTennessee Gas Pipeline Company\n1001 Louisiana Street, Suite 1000\nHouston, TX 77002\nCPF 2-2021-009-WL\nDear Mr. Grubb:\nFrom August 13 to September 4, 2020, the New York State Department of Public Service (NY\nDPS), acting as an Agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected Tennessee Gas\nPipeline Company (TGP) facilities and records in New York.\nAs a result of the inspection, it is alleged that TGP has committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (C.F.R.). The probable\nviolation is:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least once each\ncalendar year. This manual must be prepared before operations of a pipeline system\ncommence. Appropriate parts of the manual must be kept at locations where\noperations and maintenance activities are conducted.\n\n\n\nTGP failed to meet the regulation because it did not follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. Specifically, TGP failed to follow its manual of written procedures,\nwhich required it to document the inspection and partial operation of each transmission\nline valve that might be required during an emergency, as required by § 192.745(a).\nTGP Operations & Maintenance Procedure 301, titled \"Inspecting and Servicing\nEmergency Valves,” dated April 1, 2016, prescribes actions required to ensure compliance\nwith § 192.745(a). This Procedure requires completion of TGP Form OM300-01, titled,\n“Automatic Valve Service Report,” TGP Form OM300-03, titled “Valve Inspection\nService Report,” or documentation of the same information in the applicable inspection\nand maintenance work order, to demonstrate conformance with the procedure, which\nrequires that each transmission line valve that might be operated during an emergency is\ninspected and partially operated at least once each calendar year, not to exceed 15 months.\nThe NY DPS’ review revealed that Valve 251L-101.2 on TGP’s Line 200-3 loop end was\nnot documented on any of the above-referenced forms for the 2018 calendar year, nor\nwere there any inspection and maintenance work orders showing the valve was inspected\nand/or partially operated during 2018. The 2018 inspection of the valve was only\ndocumented in a TGP representative's daily planner notes. The NY DPS’ review\nconfirmed the applicability of the referenced procedure to the referenced valve.\nUnder 49 U.S.C. § 60122 and 49 C.F.R. § 190.223, you are subject to a civil penalty not to\nexceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for\na related series of violations. For violation occurring on or after July 31, 2019 and before\nJanuary 11, 2021, the maximum penalty may not exceed $218,647 per violation per day the\nviolation persists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nFor violation occurring on or after November 2, 2015 and before November 27, 2018, the\nmaximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not\nto exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nTGP 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 to\nCPF 2-2021-009-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nJames A. Urisko\nDirector, Southern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":5746}