{"operation":"document","citation":"CPF 320075017M","title":"VECTREN ENERGY DELIVERY OF OHIO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-05-21","effective_on":null,"summary":"CLOSED notice of amendment citing 195.226, 195.302, 195.310(b)(10), 195.402, 195.402(c), 195.402(e)(2), 195.402(e)(7), 195.442(c), 195.505, 195.567(c), 195.571, 195.573, 195.573(a)(2), 195.575(a), 195.583(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075017m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075017m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320075017m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320075017M","body":"Notice of Amendment involving VECTREN ENERGY DELIVERY OF OHIO. PHMSA's enforcement data identifies the cited regulations as 195.226,  195.302,  195.310(b)(10),  195.402,  195.402(c),  195.402(e)(2),  195.402(e)(7),  195.442(c),  195.505,  195.567(c),  195.571,  195.573,  195.573(a)(2),  195.575(a),  195.583(c). The case was opened on 2007-05-21 and is reported as closed as of 2007-06-29. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320075017M_Notice of Amendment_05212007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075017M/320075017M_Notice%20of%20Amendment_05212007.pdf\n\n320075017M_Operator Response to notice letter_06152007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320075017M/320075017M_Operator%20Response%20to%20notice%20letter_06152007.pdf\n\n320075017M_Notice of Amendment_05212007.pdf\n\np\nU.S. Deportrnent\nof Tronsportofion\nPipelin€ ond\nHozoldous llqteriols Sofety\nAdminislrqtlon\n901 Locusl Street, Suite 462\nKansas City, MO 64106-2641\nNOTICE OF AMENDMENT\nqERTIFIED MAIL. RETURN RECEIPT REOUESTED\nN.Ity21,2007\nMr. Rick Schach\nVice President\nVectren Energy Delivery\n2l I NW Riv'erside Drive\nEvansville, IN 47711\ncPF 3-2007-5017M\nDear Mr. Schach:\nOn January 29 through February 2,20OT,representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) Central Region and the Public Utilities\nCommission of Ohio pursuant to Chapter 601 of 49 United States Code inspected the\nprocedures for ernergency response, operation and maintenance, and operator qualification in\nDayton, OH.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies found within\nVectren's plans or procedures, as described below:\n1. $f 95.402 Procedural manual for operations, mrintenance, and emergencies.\n$f 95.402(a) requires that each operator shall prepare and follow for each pipeline\nsystem a manual of written procedures for conducting normal operations and\nmaintenance activities and handling abnormal operations and emergencies.\n$f95.402(c) indicates that the manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety during maintenance and\nnormal operations:\n\n\n\n(3) Operating maintaining and repairing the pipetine system in aecordance with\neach of the requirements of this subpart and subpart H of this part.\nReview of the Operation and Maintenance (O&M) procedures found that the following\nrequirernenh were not adequately covered in the procedures or needed to be expanded to\nprovide additional guidance to your personnel:\na) $195.402(e)(2) - Procedural manual for operations, maintenance, and\nemergencies.\nVectren's Emergency Response Plan does not adequately define a propane\nemergency.\nb) S195.402 (eX?) - Procedural manual for operationso maintenance, and\nemergencies.\nVectren's Propane Facilities Standards Manual Section 3.03 Page 9 indicates that\nVectren will coordinate with fire, police, and other appropriate public officials\npreplanned responses to emergencies but does not indicate how often these contacts\nwill be made.\nc)\n$195.403(c) - Emergency Response Training.\nVectren's Propane Facilities Standards Manual does not state how Vectren will verify\nsupervisor knowledge of Emergency Procedures.\nd)\n$195.aa2(c)(ii) - Damage Prevention Program\nVectren's Propane Facilities Standards Manual does not indicate a leak survey will be\nconducted after blasting.\ne)\ngf95.567(c) - Which pipelines must have test leads and what must I do to install\nand maintain the leads?\nVectren's Procedures do not state defective cathodic protection test leads will be\nrepaired by at least the next inspection cycle.\n$195.571 Whrt criteria must I use to determine the adequacy of cathodic\nprotection?\nVectren's Propane Facilities Standards Manual Section 3.03 Page 4 references NACE\nRPOl69 but does not specifically state that -0.850 v IR considered or 100 mv decay\ncriteria will be used to determine the adequacy of cathodic protection.\n\n\n\ng)\nh)\nj)\n$195.5?3(a)(2) - What must I do to monitor external corrosion control?\nVectren's Propane Pipeline Procedures do not identiff the circumstances in which a\nclose-interval survey or comparable technology is practicable and necessary to\naccomplish the objectives of paragraph 10.1.1.3 of NACE Standard RP0l69.\n$195.573 What must I do to monitor external corrosion control?\nVectren's procedures do not indicate that cathodic protection deficiencies will be\nrepaired by at least the next inspection cycle.\n$195.575(a) - Which facilities must I electrically isolate and what inspections'\ntests, and safeguards are required?\nVectren's Operation and Maintenance Manual do not detail the casing cathodic\nprotection examination and mitigation program.\nS195.583(c) - What must I do to monitor atmospheric corrosion control?\nVectren's procedures do not indicate that atmospheric corrosion deficiencies will be\nrepaired by at least the next inspection cycle.\n2. $195.402(c) - Maintenance and normal operations - The manual required by\nparagraph (a) of this section must include procedures for operating maintaining,\nand repairing the pipeline system in accordance rvith each of the requirements of\nthis subpart and subpart H of this part.\nAdditionalty, $f95.422(b) requires that no operator may use any pipe, valve, or\nfitting for replacement in repairing pipeline facilitieso unless it is designed and\nconstructed as required by this part\nReview of your O&M procedures found that the following procedures need to be added\nto the O&M manual to address repairs to your pipeline facilities.\na) Sf 95.226 Welding: Arc burns.\nVectren's Welding Procedure Manual does not indicate that all arc burns are\nunacceptable on propane piping and must be repaired or removed.\nb) S195.302 General requiremenh.\nVectren's Propane Facilities Standards Manual Section 3.02 should be expanded to\ninclude the statement \"tested without leakage\".\n\n\n\nc) $r95.310(b)(10) Records.\nVectren's Propane Facilities Standards Manual did not specify how and where\ntemperah.ue measurements are recorded during a hydro-test.\n3. $f95.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) Identify covered tasks;\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\nVectren's Operator Qualification Program did not ensure that personnel performing\ncovered tasks on the propane pipeline are qualified.\nVectren's program requires amendment to ensure that all covered tasks associated with\nthe operation of a propane pipeline are included. Since Vectren is both a natural gas\nsupplier and a propane pipeline operator, Vecffen has natural gas facilities and natural\ngas customers in the vicinity of the propane pipeline. As a result of responding to a\npublic hydrocarbon odor complaint, Vectren may inadvertently utilize natural gas\npipeline employees for leak response and investigations on the propane pipeline. The\nnatural gas leak response employees are not operator qualified to recognize and respond\nto a propane emergency. Vectren has determined that all areas of the propane pipeline\nrequire an immediate response. Therefore, under Vecffen's present systern, Vectren\ncould send an unqualified employee to a propane pipeline emergency'\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. $ 60108(a) and49 C.F.R. $ 190.237. Enclosed\nas part of this Notice is a document entitled Resporne Optionsfor Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\n4\n\n\n\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Noticg you may be ordered to amend your plans or procedures to correct the\ninadequaciei (+g C.F.n. g 190.237). If you are not contesting this Notice, we propose that\nyor.r rub-it your amended procedures to my office within 90 days of receipt of this Notice'\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIn correspondence concerning this matter, please refer to CPF 3-2007-501?M and, for each\ndocument you submit, please provide a copy in elecffonic format whenevsr possible-\nSincerely,\n\\'J,\"*-'\nIvan A. Huntoon\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n\n\n\nResponse Options for Pipetine Operators in Compliance Proceedings\nThe requirements of 49 C.F.R. Part 190, Subpart B ($$ 190.201-190.237) govern response to\nNotices issued by a Regional Director, Pipeline andHaratdous Materials Safefy Administration\nGHMSA).\nBe advised that all material submitted by a respondent in response to an enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive\nmaierial qgalifies for confidential treatment under 5 U.S.C. 552(b), along with the complete\noriginal document you must provide a second copy of the document with the portions you\nbelieve quatifi for confidential treatment redacted and an explanation of why you believe the\nredacted information quatifies for confidential teatrnent under 5 U'S.C. 552(b)'\nL\nWithin 30 days of receipt of a Notice of Probable Violation, the respondent shall respond\nto the Regional Director who issued the Notice in the following way:\n\\1h@ the Notice contains a proposed CIVIL PENALTY* -\nt. Pay the proposed civil penalty and advise the Regional Director of the\npuyt]l\"ol This authorizes PHMSA to make findings and to close the case\nwith prejudice to the respondent. Payment terms are outlined below;\n2.\nSubmit written explanations, information, or other materials in response to\nthe allegations antof seek elimination or mitigation of the proposed civil\npenalty- Refer to 49 c.F.R. $ 190.225 for assessment considerations,\nwhich include the respondent's ability to pay and the effect on the\nrespondent's abil.ity to stay in business, uPotr which civil penalties are\nbased; or\n3.\nRequest a hearing as described below to contest the allegations and/or\nproposed assessment of a civil penalty.\nWhentheNotice contains q.p{.oposqd COMTLIANCE ORDER* -\n1. Notiry the Regional Director that you intend to take the steps in the\nproposed compliance order;\nZ. Submit written explanations, information, or other materials in answer to\nthe allegations in the Notice and object to or seek clarification of the\nproposed compliance order items in whole or in part; or\n3. Request a hearing as described below to contest the allegations and/or\nproposed compliance order items;\nI of5\n\n\n\nc.\nNo written response is required. The respondent is warned that if it does not\ntake appropriate action to correct these items, enforcement action will be\ntaken if a subsequent inspection reveals a violation'\n* Failure of the respondent to respond to the Notice within 30 days of receipt\nconstitutes a waiver of the right to contest the allegations in the Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Final Order.\nil.\nm. Within 30 days of receipt of a Notice of Amendment, the respondent shall respond to the\nRegional Director who issued the Notice in the following way:\na. Notiff the Regional Director of yourplans to address the inadequacies\nidentified in the Notice;\nb. Submit written explanations, information, or other materials in answer to the\nallegations in the Notice and/or object to or seek clarification of the proposed\namendment items in whole or in part; or\nc. Request a hearing as described betow to contest the allegations in the Notice.\n* Failure of the respondent to respond to the Notice within 30 days of reoeipt\nconstitutes a waivei of the right to contest the allegations in the Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in the Notice\nwithout further notice to the respondent and to issue a Final Order'\nProcedure for Requesting a Heflfins\nA request for a hearing must be in writing and accompanied by a statement of the issues\nthat the respondent intends to raise at the hearing. The issues may relate to the\nallegations, new information, or to the proposed compliance order or proposed civil\npenalty amount. Refer to 49 C.F.R. $ f 90.225 for assessment considerations upon which\n\"i\"it pl\"aties are based. A respondent's failure to speciff an issue may result in waiver\nof the rigbt to raise that issue af the hearing. The respondent's request must also indicate\nwhether or not respondent will be represented by counsel at the hearing. Failure to\nrequest a hearing in writing within 30 days of receipt of a Notice waives the right to a\nhearing. In additioru if the anount of the proposed civil penalty or the proposed\nco.rectire action is less than $10,000, the hearing will be held by telephone, unless the\nrespondent submits a unitten request for an in-person hearing. Complete hearing\nprocedures can be found at 49 C-F.R- $ 190-211-\n2of5\n\n\n\nru.\nErtensioB,s of Time\nffi to prepare an appropriate response to a Notice may be granted, at\nthe agency's discretion, following submittal of a written request to the R'egional Director.\nThe requist must indicate the amount of time needed and the reasons for the extension.\nThe request must be submitted within 30 days of receipt of the Notice.'\nV.\nVI.\nFreedom.pf Infonnation Act\nSA, including the violation report, the Notice, and any\norder issued in ttris case, and any material provided to PHMSA by the respondent, may\nbe considered public information and subject to disclosure under the Freedom of\nInformation A;t (FOIA). If the infomration you provide is security sensitive, privileged,\nconfidential or may carlse your company competitive disadvantages, please clearly\nidentiff the material and provide jrxtification why the documents, or portions of a\ndocument, should not be released under FOIA. If we receive a request for your material,\nwe will notis you if PHMSA, after reviewing the matedals and your provided\njustification, determines that withholding the materials does not meet any exemption\nirovided under the FOIA. You may appeal the agency's decision to release material\nunder the FOIA at that time. Your appeal will stay the release of those materials until a\nfinal decision is made.\nSmrll Business Regulatory Enforcement FairnessJlct l+formaf io+\nI Regulatory Enforcement Ombudsman and 10\nRegional Fairness Boards were established to receive comments from small businesses\nabout federal agency enforcement actions. The Ombudsman will annually evaluate the\nenforcernent urtiuiti*r and rate each agency's responsiveness to small business. If you\nwishto comment on the enforcernent actions of the Pipetine and Hazardous Materials\nSafety Administration, call I-888-REG-FAIR (1-888-734-3247) or go to\nhttp :1/www. sba. gov/ombudsman/dsp-faq.html -\n3 of 5\n\n\n\nVII. PAYMENT INSTRUCTIONS\nCivil Penatly Paymene of Less Than $10,000\nPayment of a civil penalty of less than $10,000 proposed or assessed, under Subpart B of Part\n190 of the Pipeline Safety Regulations can be made by certified check, money order or wire\ntransfer. Payment by certified check or money order (containing the CPF Number for this case)\nshould be made payable to the \"Department of Transportation\" and should be sent to:\nF ederal Aviation Administration\nMike Monroney Aeronautical Center\nFinancial Operations Division (AMZ-300) P.O' Box 25082\nOklahoma City, OK 73125-4915\nWire transfer payments of less than $10,000 may be made through the Federal Reserve\nCommunications System (Fedwire) to the account of the U.S. Treasury. Detailed instructions are\nprovided below. Questions conceming wire transfer should be directed to the Financial\nOperations Division at (405) 954-8893, or at the above address.\nCivil Penalty Payments of $10,000 ot mrne\nPayment of a civil penalty of $10,000 or more proposed or assessed under Subpart B of Part 190\nofihe Pipeline Safity Regulations (nust be made wire transfer (49 C.F.R. $ 89.21(bX3)),\nthrough tlre nederal Reserve Communications System (Fedwire) to the account of the U.S.\nTreasury. Detailed instructions are provided below. Questions conceming wire transfers should\nbe directed to the Financial Operations Division at (405) 954-8893, or at the above address'\nINSTRUCTIONS FOR ELECTRONIC FUND TRANSFERS\n(r) REQEI_VER ABA NO.\n021030004\n(2) TYPE/SUB-TYPE\n(Provided by sending bank)\n(3) SENpING BANK ABANO.\n@rovided by sending bank) (4) SENDING BANK REF NQ.,\n(Provided by sending bank)\n(s) AMOT.JNT (6) SENDING BANK NAME\n(Provided by sending bank)\n(7) RECETVER NAME\nTREAS NYC\n(8) PRO_pUCT CODE\n(Normally CTR, or as provided by sending\nbank)\n(9) BENEFICIAL GliF) = AGENCY\nLOCATION CODE\nBNF: /ALC-69-14-0001\n(10) REASONS I'pR PAYMENT\nExample: PHMSA - CPF # / Ticket\nNumber/Pipeline Assessment nurnber\n4 of 5\n\n\n\nINSTRUCTIONS: You, as sender of the wire transfer, must provide the sending bank with the\ninformation for blocks (l), (5), (7), (9), and (10). The information provided in Blocks (1), (7)'\nand (9) are constant and remain th\" same for all wire transfers to the Pipeline and Hazardous\nMaterials Safety Administration, Department of Transportation.\nBlock #l - RECETVER ABA NO. - \"021030004\". Ensure the sending bank enters this 9-digit\nidentification number; it represents the routing symbol for the U.S. Treasury at the Federal\nReserve Bank in New York.\nBlock #5 - AMOTJNT - You as the sender provide the amount of the transfer. Please be sure the\nt*ttf* r-ount is punctuated with commas and a decimal point. EXAMPLE: $10.000.00\nBlock #7 - RECEIVERNAME - \"TREAS NYC\". Ensure the sending bank enters this\nibbreviation. It must be used for all wire ffansfers to the Treasury Department.\nBlopF#9 - BENEFICIA.L - AGENCY LOCATION CODE - \"BNF=/ALC-69-14-0001\". Ensure\nfrffi-dtg bank enters this information. This is the Agency Location Code forthe Pipeline and\nHazardouJMaterials Safety Administration, Department of Transportation.\nBlock t!.0_- REASON FOR PAYMENT - *AC-payment for PHMSA Case # / To ensure your\nwire transf* is credited properly, enter the case numberhicket number or Pipeline Assessment number,\nand counfry.\"\nNOTE: A wire transfer must comply with the format and instructions or the Deparbnent cannot\nilep-mr wire transfer. you as thi sender can assist this process by notiffing the Financial\nOpeiations Division (405) 954-3893 at the time you send the wire bansfer.\nFebruary 2007\n5 of 5","truncated":false,"body_characters":19437}