{"operation":"document","citation":"CPF 320091004W","title":"NORTHERN NATURAL GAS CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-04-22","effective_on":null,"summary":"CLOSED warning letter citing 192.907(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320091004w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320091004w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320091004w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320091004W","body":"Warning Letter involving NORTHERN NATURAL GAS CO. PHMSA's enforcement data identifies the cited regulation as 192.907(a). The case was opened on 2009-04-22 and is reported as closed as of 2009-04-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320091004W_Warning Letter_04222009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320091004W/320091004W_Warning%20Letter_04222009.pdf\n\n320091004W_Warning Letter_04222009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320091004W/320091004W_Warning%20Letter_04222009_text.pdf\n\n320091004W_Warning Letter_04222009_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 22, 2009\nMr. Royce Ramsay\nVice President, Operations\nNorthern Natural Gas Company\n1111 South 103rd Street\nOmaha, Nebraska 68124-1000\nCPF 3-2009-1004W\nDear Mr. Ramsay:\nOn June 5-9, 2006 and June 19-21, 2006, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Minnesota Office of Pipeline Safety and\nMichigan Public Service Commission pursuant to Chapter 601 of 49 United States Code\ninspected the Northern Natural Gas (NNG) integrity management (IM) plan and procedures\nin Omaha, Nebraska.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The item(s) inspected\nand the probable violation(s) are:\n1. §192.911 What are the elements of an integrity management program?\nAn operator's initial integrity management program begins with a framework (see\n§192.907) and evolves into a more detailed and comprehensive integrity management\nprogram, as information is gained and incorporated into the program. An operator\nmust make continual improvements to its program. The initial program framework\nand subsequent program must, at minimum, contain the following elements. (When\nindicated, refer to ASME/ANSI B31.8S (ibr, see §192.7) for more detailed information\non the listed element.)\n(a) An identification of all high consequence areas, in accordance with §192.905.\n\n\n\nItem 1A: §192.905(b)(1) Identified sites. An operator must identify an identified site,\nfor purposes of this subpart, from information the operator has obtained from routine\noperation and maintenance activities and from public officials with safety or\nemergency response or planning responsibilities who indicate to the operator that they\nknow of locations that meet the identified site criteria. These public officials could\ninclude officials on a local emergency planning commission or relevant Native\nAmerican tribal officials.\n(2) If a public official with safety or emergency response or planning responsibilities\ninforms an operator that it does not have the information to identify an identified site,\nthe operator must use one of the following sources, as appropriate, to identify these\nsites.\n(i) Visible marking (e.g., a sign); or\n(ii) The site is licensed or registered by a Federal, State, or local government agency;\nor\n(iii) The site is on a list (including a list on an internet web site) or map maintained by\nor available from a Federal, State, or local government agency and available to the\ngeneral public.\n§192.907(a) General. No later than December 17, 2004, an operator of a covered\npipeline segment must develop and follow a written integrity management program\nthat contains all the elements described in §192.911 and that addresses the risks on\neach covered transmission pipeline segment. The initial integrity management\nprogram must consist, at a minimum, of a framework that describes the process for\nimplementing each program element, how relevant decisions will be made and by\nwhom, a time line for completing the work to implement the program element, and\nhow information gained from experience will be continuously incorporated into the\nprogram. The framework will evolve into a more detailed and comprehensive\nprogram. An operator must make continual improvements to the program.\nNNG did not use information from public officials to determine “identified sites” during\nthe initial high consequence area (HCA) identification that was completed in December\n2004. While NNG’s effort to identify HCAs used comprehensive field surveys and\nappeared to be thorough, the IM rule specifically requires that operators consider\ninformation from public officials responsible for safety or emergency response/planning\nwho indicate to the operator that they would know of locations near the pipeline meeting\nthe HCA criteria. During the inspection, NNG representatives acknowledged that public\nofficials were not contacted during the initial HCA identification process. NNG’s\nprocedures were revised in January 2006 to include requirements to contact public officials.\nThe first contacts occurred prior to that, in 2005, via the communication program\nbrochures.\nUnder 49 United States Code, §60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of\n$1,000,000 for any related series of violations. We have reviewed the circumstances and\n2\n\n\n\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to\ncorrect the item identified in this letter. Be advised that failure to do so will result in NNG\nbeing subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please\nrefer to CPF 3-2009-1004W.\nSincerely,\nIvan A. Huntoon\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":5710}