{"operation":"document","citation":"CPF 320111001S","title":"TENNESSEE GAS PIPELINE COMPANY — Safety Order","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-03-11","effective_on":null,"summary":"CLOSED safety order.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320111001s.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320111001s.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320111001s","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320111001S","body":"Safety Order involving TENNESSEE GAS PIPELINE COMPANY. The dataset does not identify a cited regulation for this case. The case was opened on 2011-03-11 and is reported as closed as of 2016-04-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320111001S_Closure Letter_04012016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111001S/320111001S_Closure%20Letter_04012016.pdf\n\n320111001S_Closure Letter_04012016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111001S/320111001S_Closure%20Letter_04012016_text.pdf\n\n320111001S_Consent Agreement_03312011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111001S/320111001S_Consent%20Agreement_03312011.pdf\n\n320111001S_Consent Agreement_03312011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111001S/320111001S_Consent%20Agreement_03312011_text.pdf\n\n320111001S_Consent Order_03312011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111001S/320111001S_Consent%20Order_03312011.pdf\n\n320111001S_Consent Order_03312011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111001S/320111001S_Consent%20Order_03312011_text.pdf\n\n320111001S_NOPSO_03112011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111001S/320111001S_NOPSO_03112011.pdf\n\n320111001S_NOPSO_03112011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320111001S/320111001S_NOPSO_03112011_text.pdf\n\n320111001S_Closure Letter_04012016_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 1, 2016\nMr. Gary Buchler\nChief Operating Officer (COO)\nNatural Gas Pipelines Group\nTennessee Gas Pipeline Company\n1001 Louisiana Street\nSuite 1000\nHouston, Texas 77002\nCPF 3-2011-1001S\nDear Mr. Buchler:\nOn March 11, 2011, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Tennessee Gas Pipeline Company (TGP) a Notice of Proposed Safety Order in the\nabove-referenced case. PHMSA and TGP then entered into a Consent Agreement and\nOrder (Order) on March 31, 2011. This Order included required actions to be taken on and\nalong your pipeline. Based on our review of the documentation you provided, it has been\ndetermined that you have complied with the terms of this Order.\nAccordingly, this case is now closed. Thank you for your cooperation in this matter.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n\n320111001S_Consent Agreement_03312011_text.pdf\n\nMAR 31 2011\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\n____________________________________\nIn the Matter of )\nTennessee Gas Pipeline Company ) CPF No. 3-2011-1001S\n)\n)\n)\nRespondent )\n____________________________________)\nCONSENT AGREEMENT\nOn March 11, 2011, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), U.S. Department of Transportation, issued a Notice of Proposed Safety Order\n(Notice) to Tennessee Gas Pipeline Company (Respondent). The Notice alleges that\ncertain segments of Respondent’s natural gas pipeline system designated as the Line 200\nPipeline System have an apparent condition or conditions that, without corrective\nmeasures, would pose a pipeline integrity risk to public safety, property, or the\nenvironment. Specifically, the Notice alleges that the conditions that caused the February\n10, 2011 failure on Line 200-4 in mainline valve section 214 (Line Section 214-4)\napproximately 2.5 miles southeast of the town of Hanoverton, Ohio, and the March 1,\n2011 failure on Line 200-1 in mainline valve section 209 (Line Section 209-1)\napproximately ½ mile downstream of Compressor Station 209 demonstrate the presence\nof integrity risks on those segments of Lines 200-1, 200-2, 200-3, and 200-4 running\nfrom Compressor Station 200 to Compressor Station 219 including the Pittsburg Spur\n(the “Affected Segments”).\nBetween March 1 and March 18, 2011, Respondent and PHMSA engaged in good faith\nsettlement discussions resulting in this Consent Agreement (the “Agreement”).\nHaving agreed that settlement of this proceeding will avoid further administrative\nproceedings or litigation and that entry of this Consent Agreement is the most appropriate\nmeans of resolving the Notice, pursuant to 49 C.F.R. Part 190, without adjudication of\nany issue of fact or law, and upon consent and agreement of Respondent and PHMSA\n(“the Parties”), the Parties agree as follows:\n\n\n\nI. General Provisions\n1. Respondent acknowledges that as operator of the Line 200 Pipeline System,\nRespondent and its pipeline system are subject to the jurisdiction of the Federal pipeline\nsafety laws, 49 U.S.C. 60101 et seq., and the regulations and administrative orders issued\nthereunder. For purposes of this Consent Agreement, Respondent acknowledges that it\nreceived proper notice of PHMSA’s action in this proceeding and that the Notice states\nclaims upon which relief may be granted pursuant to 49 U.S.C. 60101 et seq. and the\nregulations and orders issued thereunder.\n2. Respondent agrees, for purposes of this proceeding, that the integrity risk\nidentified in the Notice exists in the Affected Segments and agrees to address it by\ncompleting the actions specified in Section II of this Consent Agreement (“Work to be\nPerformed”), including the actions set forth in any work plans and schedules each of\nwhich shall automatically be incorporated into this agreement upon approval. This\nConsent Agreement does not constitute a finding of violation of any Federal law or\nregulation and may not be used in any civil proceeding of any kind as evidence or proof\nof any fact, fault or liability, or as evidence of the violation of any law, rule, regulation or\nrequirement, except in a proceeding to enforce the provisions of this Agreement.\n3. After Respondent returns this signed Consent Agreement, PHMSA’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety\nrecommending that the Associate Administrator adopt the terms of this Agreement by\nissuing an administrative order (Consent Order) incorporating the terms of this Consent\nAgreement. The terms of this Consent Agreement constitute an offer of settlement until\naccepted by the Associate Administrator. Upon the effective date of this Agreement, any\nrequest for a hearing submitted by Respondent shall be automatically withdrawn.\n4. Respondent consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. Except as provided in Item\n27 and Section IV of this Agreement, Respondent waives all rights to contest the\nadequacy of notice, or the validity of the Consent Order or this Consent Agreement,\nincluding all rights to administrative or judicial hearings or appeals.\n5. This Consent Agreement shall apply to and be binding upon PHMSA, and upon\nRespondent, its officers, directors, and employees, and its successors, assigns, or other\nentities or persons otherwise bound by law. Respondent agrees to provide a copy of this\nConsent Agreement and any incorporated work plans and schedules to all of\nRespondent’s officers, employees, and agents whose duties might reasonably include\ncompliance with this Agreement.\n6. For all transfers of ownership or operating responsibility of the Affected\nSegments, Respondent shall provide a copy of this Consent Agreement to the prospective\ntransferee at least 30 days prior to such transfer and simultaneously provide written\nnotice of the prospective transfer to the PHMSA Central Region Director (Director).2\n\n\n\n7. This Consent Agreement constitutes the final, complete and exclusive agreement\nand understanding between the Parties with respect to the settlement embodied in this\nAgreement, and the Parties acknowledge that there are no representations, agreements or\nunderstandings relating to the settlement other than those expressly contained in this\nAgreement, except that the terms of this Agreement may be construed by reference to the\nNotice.\n8. Nothing in this Consent Agreement affects or relieves Respondent of its\nresponsibility to comply with all applicable requirements of the Federal pipeline safety\nlaws, 49 U.S.C. § 60101 et seq., and the regulations and orders issued thereunder.\nNothing in this Consent Agreement alters PHMSA’s right of access, entry, inspection,\nand information gathering or PHMSA’s authority to bring enforcement actions against\nRespondent pursuant to the Federal pipeline safety laws, the regulations and orders issued\nthereunder, or any other provision of Federal or State law.\n9. This Consent Agreement does not waive or modify any Federal, State, or local\nlaws or regulations that are applicable to Respondent’s pipeline systems. This Consent\nAgreement is not a permit, or a modification of any permit, under any Federal, State, or\nlocal laws or regulations. Respondent remains responsible for achieving and maintaining\ncompliance with all applicable Federal, State, and local laws, regulations and permits.\n10. This Consent Agreement does not create rights in, or grant any cause of action to,\nany third party not party to this Agreement. The U.S. Department of Transportation is\nnot liable for any injuries or damages to persons or property arising from acts or\nomissions of Respondent or its officers, employees, or agents carrying out the work\nrequired by this Consent Agreement. Respondent agrees to indemnify and hold harmless\nthe U.S. Department of Transportation, its officers, employees, agents, and\nrepresentatives form any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out the work required by this Agreement.\nII. Work to be Performed\n11. Prior to resuming operation of Line 200-4 from MLV 214-4 to MLV 216-4,\ndevelop and submit a written restart plan for approval by the Director for this segment.\nThe restart plan must provide for adequate patrolling of the pipeline during the restart\nprocess, specify a daylight restart, include a hydrostatic test of section MLV 214-4 to\nMLV 215-4, and detail advance communications with local emergency response officials.\nThe restart plan must include actions taken prior to restart by Respondent to confirm the\nintegrity of pipeline facilities that were damaged, or were suspected to be damaged, as a\nresult of the incident.\n12. After receiving approval from the Director to restart, the Line 200-4 operating\npressure from MLV 214-4 to MLV 216-4 must not exceed 80% of the actual operating\npressure in effect immediately prior to the February 10, 2011, failure. Specifically, the\ndischarge pressure at the Carrollton Compressor Station into Line 200-4 must not exceed3\n\n\n\n586 psig. This pressure reduction requires any relevant remote or local alarm limits,\nsoftware programming set-points or control points, and mechanical over pressure devices\nto be adjusted accordingly. Prior to restart, identification of all auto-close valve locations\nwill be communicated to the controllers. The pressure restriction must remain in effect\nuntil written approval to increase the pressure or return the pipeline to its pre-failure\noperating pressure is obtained from the Director as set forth in Item 25. If the results of\nany action undertaken pursuant to this Agreement necessitate a reduction in the operating\npressure permitted by the Agreement, Respondent must further reduce the operating\npressure accordingly and notify the Director.\n13. Prior to resuming operation of the Line 200-1 from MLV 209-1 to MLV 210-1,\ndevelop and submit a written restart plan for approval by the Director for this segment.\nThe restart plan must provide for adequate patrolling of the pipeline during the restart\nprocess, specify a daylight restart, and detail advance communications with local\nemergency response officials.\n14. After receiving approval from the Director to restart, the Line 200-1 operating\npressure from MLV 209-1 to MLV 210-1 must not exceed 80% of the actual operating\npressure in effect immediately prior to the March 1, 2011, failure. Specifically, the\ndischarge pressure at the Station 209 into Line 200-1 must not exceed 567 psig. This\npressure reduction requires any relevant remote or local alarm limits, software\nprogramming set-points or control points, and mechanical over pressure devices to be\nadjusted accordingly. Prior to restart, identification of all auto-close valve locations will\nbe communicated to the controllers. The pressure restriction must remain in effect until\nwritten approval to increase the pressure or return the pipeline to its pre-failure operating\npressure is obtained from the Director as set forth in Item 25. If the results of any action\nundertaken pursuant to this Consent Agreement necessitate a reduction in the operating\npressure permitted by this Agreement, Respondent must further reduce the operating\npressure accordingly and notify the Director.\n15. Within 15 days of receipt of the Consent Order, submit a written plan to conduct\nan airborne instrumented leak survey of the Affected Segments to the Director detailing\nthe schedule for the expeditious completion of the leak survey within 30 days of initiating\nthe survey. The plan must include a summary report detailing the findings of the leak\nsurvey to be provided directly from the airborne instrumented leak survey provider to the\nDirector. This summary report must include a description of any elements affecting the\nleak survey data, area covered and associated ranges of the leak survey findings (height\nof flight and width of area surveyed), verification that all of the pipeline corridors\ntraversed by the Affected Segments including the areas associated with crossover piping\nlocated between the Affected Segments has been reviewed, and any other items of\nsignificance such as accuracy of the instrumentation or malfunction of equipment. The\nDirector is to receive distribution of all resulting reports in their entirety, including all\nmedia, whether draft or final, at the same time they are made available to Respondent.\nSubmit a separate report detailing the schedule of planned maintenance activities to\noccur as a result of the leak survey for the Affected Segments.4\n\n\n\nContinue to perform patrol surveillance activities at periods of 2 times per month for\npipe Sections MLV 209-1 to MLV 214-1 and MLV 214-4 to MLV 219-4 until approved\notherwise by the Director.\n16. Within 45 days of the Director’s approval of testing protocols, complete third-\nparty mechanical and metallurgical testing and failure analysis of the Line 200-4 failed\npipe and the additional girth weld containing a crack-like indication (606+35.8) that was\nlocated upstream of the failed weld. The Line 200-1 failed girth weld and 2 additional\ngirth welds adjacent to the failed weld shall also be subjected to metallurgical testing and\nfailure analysis. The testing and analysis must be completed as follows:\n(A) Document the chain of custody when handling and transporting the failed pipe\nsection and other evidence originating from the failure site;\n(B) Utilize mechanical and metallurgical testing protocols, including selection of the\ntesting laboratory, approved by the Director;\n(C) Prior to commencing the mechanical and metallurgical testing, provide the\nDirector with the scheduled date, time, and location of the testing to allow a\nPHMSA representative to witness the testing; and\n(D) Ensure that the testing laboratory distributes all resulting reports in their entirety,\nincluding all media, whether draft or final, to the Director at the same time they\nare made available to Respondent.\n17. Conduct an evaluation of previous in-line inspection (ILI) results (including raw\ndata) of the failed girth weld and the girth weld with a crack-like indication (606+35.8) to\nestablish ILI capability for detecting and identifying girth weld features or anomalies\ninclude review and reporting by the ILI vendors’ analysts as follows:\n(A) Within 30 days of receipt of the Consent Order, re-evaluate the 2005 in-line\ninspection results from MLV 214-4 to MLV 219-4 to determine whether any\nfeatures with similar characteristics to the feature at the failure site is present\nelsewhere in this portion of Line 200-4.\n(B) Within 60 days of receipt of the Consent Order, re-evaluate all ILI data available\nfor the Affected Segments to determine if any features with similar characteristics\nto those at the failure sites are present elsewhere on the Affected Segments.\n18. Within 60 days of receipt of the Consent Order, perform in-line inspection on\nLine 200-1 from MLV 209-1 to MLV 214-1 and specifically evaluate girth weld ILI data.\nThe data analysis must be completed within 30 days of successful completion of the ILI.\nThe ILI vendor shall evaluate the results per a performance specification specific to girth\nweld anomalies.\n5\n\n\n\n19. Within 90 days of receipt of the Consent Order, submit a report to the Director\nthat provides a detailed review of all SCADA activities on Lines 200-1 and 200-4 that\nrelate to the March 1 and February 10, 2011, incidents. SCADA enhancements identified\nduring this review shall be included in the report, which will include approximate\ntimelines for implementation of such enhancements. Activities reviewed and summarized\nin the report must include, but may not be limited to: controller actions on the day before\nthe incident, day of the incident, and day after the incident; maintenance activities (same\nthree days); controller notes or logs (same three days); actual and calculated\ninstrumentation readings (same three days); available communication statistics (same\nthree days, including pressure and flow value poll times); other SCADA equipment\nfunctions (same three days); and SCADA maintenance requests and status (during the 6\nmonths preceding the incident). The report should also include a review of 30 days of\ndetailed pressure information to document any changes in operating conditions since\nFebruary 10, 2011. The report should provide a specific summary regarding whether or\nnot the controllers had adequate information to recognize an abnormal operating\ncondition on either event date in the control room. If adequate information did not exist\nto recognize these conditions, identify enhancements for the SCADA activities that could\nprovide the necessary data and allow for controller recognition.\n20. Within 120 days of receipt of the Consent Order, develop and submit to the\nDirector for prior approval a Remedial Work Plan (“Work Plan”) that includes corrective\nmeasures. The work plan must provide for the verification of the integrity of the\nAffected Segments and must fully address all known or suspected factors that caused or\ncontributed to the February 10, and March 1, 2011, incidents, including, but not limited\nto:\n(A) The integration of the information developed from the actions required by this\nConsent Agreement with all historical construction, operating, maintenance,\ntesting, and assessment data for the Affected Segments as follows:\n(i) Within 90 days of receipt of the Consent Order complete a root cause\nfailure analysis for the February 10, 2011 (Line 200-4), and March 1, 2011\n(Line 200-1) incidents that is supplemented and facilitated by an\nindependent third-party acceptable to the Director. Elements of the root\ncause analysis must include, but may not be limited to: scoping document\nof the root cause analysis; procedures associated with root cause analysis;\nmultiple methods used for the analysis and updates on each method as it\nprogresses; contributory factors; documentation of the decision making\nprocess; and a final report of the root cause process results including any\nlessons learned and whether the findings are applicable to other locations\nwithin the Respondent’s system. To the extent that the findings from the\nroot cause analysis or other analysis conducted pursuant to this Agreement\nare applicable to other segments or facilities processes, procedures, or\nprograms across the Respondent’s systems (including Respondent’s gas\ncontrol processes or SCADA system), Respondent shall develop and\nsubmit a plan with activity identified timelines to apply the lessons learned6\n\n\n\nand implement any applicable remedial actions taken on the Affected\nSegments to those other segments, facilities, systems processes,\nprocedures or programs.\n(ii) No longer than 30 days after the completion of the root cause failure\nanalysis, integrate the findings of the root cause failure analysis into other\ndata integration efforts and the remedial work plan.\n(B) The performance of additional field testing, inspections, and evaluations to\ndetermine whether and to what extent the conditions associated with the failures,\nor any other integrity-threatening conditions are present elsewhere on theAffected\nSegments. Data-gathering activities must include a review of the failure history\n(in service and pressure test failures) of the Affected Segments and development\nof a written report containing all available information regarding locations, dates,\nand causes of failures. Include a detailed description of Respondent’s plan to\nconfirm the integrity of the applicable sections of the Affected Segments,\nincluding the criteria to be used for the evaluation and prioritization of any\nintegrity threats and anomalies that are identified. Make the results of the actions\nrequired by this provision available to the Director;\n(C) The performance of repairs or other corrective measures that fully remediate the\ncondition(s) associated with the pipeline failures and any other integrity-\nthreatening condition everywhere along the Affected Segments where such\nconditions are identified by the evaluation process. Include a detailed description\nof the repair criteria and method(s) to be used in undertaking any repairs or other\nremedial actions;\n(D) Provisions for continuing long-term periodic testing and integrity verification\nmeasures to ensure the ongoing safe operation of the Affected Segments\nconsidering the results of the analyses, inspections, and corrective measures\nundertaken pursuant to the Consent Order; and\n(E) A proposed risk based schedule for completion of the actions required by\nparagraphs (A) through (D) of this Item, including a schedule associated with all\nelements of the internal root cause analysis. Provide the Director with reasonable\nadvance notice of scheduled repairs.\n21. The remedial work plan becomes incorporated into this Consent Agreement and\nmust be revised as necessary to incorporate the results of actions undertaken pursuant to\nthis Agreement and whenever necessary to incorporate new information obtained during\nthe failure investigation and remedial activities. Submit any such plan revisions to the\nDirector for prior approval. The Director may approve plan elements incrementally.\n22. Implement the Remedial Work Plan as it is approved by the Director, including\nany revisions to the plan. The results of all actions taken in accordance with the\napproved plan must be available for review by PHMSA or its representative.7\n\n\n\n23. Submit monthly reports to the Director that: (1) include available data and results\nof the testing and evaluations required by this Consent Agreement; and (2) describe the\nprogress of the repairs and other actions being undertaken as a result of this Agreement.\nThe first monthly report is due on the last day of the month following receipt of the\nConsent Order. The regular intervals for submitting reports may be adjusted with prior\napproval of the Director.\n24. Respondent agrees to maintain documentation of the costs associated with\nimplementation of this Consent Agreement, and include in each report submitted\npursuant to Item 23, the to-date total costs associated with: (1) preparation and revision of\nprocedures, studies and analyses; (2) physical changes to pipeline infrastructure,\nincluding repairs, replacements and other modifications; and (3) environmental\nremediation, if applicable.\n25. The Director may allow the removal or modification of the pressure restriction set\nforth in Items 12 and 14 upon a written request from Respondent demonstrating that the\nhazard has been abated and that restoring the pipeline, or portion thereof, to its pre-failure\noperating pressure is justified based on a reliable engineering analysis showing that the\npressure increase is safe considering all known defects, anomalies, and operating\nparameters of the pipeline.\n26. The Director may grant an extension of time for compliance with any of the terms\nof this Consent Agreement upon a written request timely submitted demonstrating good\ncause for an extension.\n27. Respondent may appeal any decision of the Director to the Associate\nAdministrator for Pipeline Safety. Decisions of the Associate Administrator are final.\nIII. Review and Approval Process\n28. With respect to any submission under Section II of this Consent Agreement that\nrequires the approval of the Director, the Director may: (a) approve, in whole or in part,\nthe submission, (b) approve the submission on specified conditions, (c) disapprove, in\nwhole or in part, the submission, or (d) any combination of the foregoing. In the event of\napproval, approval in part, or approval upon conditions, Respondent will proceed to take\nall action required by the submission as approved by the Director, subject to\nRespondent’s right to invoke the dispute resolution procedures in Section IV with respect\nto any conditions identified by the Director. In the event that the Director disapproves all\nor any portion of the submission, the Director will provide Respondent with a written\nnotice of the deficiencies. Respondent will correct all deficiencies within the time\nspecified by the Director and resubmit it for approval.\nIV. Dispute Resolution\n8\n\n\n\n29. The Director and Respondent will informally attempt to resolve any disputes\narising under this Consent Agreement. If Respondent and the Director are unable to\ninformally resolve the dispute within 15 days, Respondent may request in writing, within\n10 days, a written determination resolving the dispute from the Associate Administrator\nfor Pipeline Safety providing all information that Respondent believes is relevant to the\ndispute. If the request is submitted as provided herein, the Associate Administrator will\nissue a determination in writing which shall be final. The existence of a dispute and\nPHMSA’s consideration of matters placed in dispute shall not excuse, toll, or suspend\nany term or timeframe for completion of any work to be performed under this Consent\nAgreement during the pendency of the dispute resolution process except as agreed by the\nDirector or the Associate Administrator in writing.\nV. Enforcement\n30. This Consent Agreement, as adopted by the Consent Order, is subject to all\nenforcement authorities available to PHMSA under 49 U.S.C. § 60101 et seq. and 49\nC.F.R. Part 190, including administrative civil penalties under § 60122 of up to $100,000\nper violation for each day the non-compliance continues, if PHMSA determines that\nRespondent is not materially proceeding in accordance with terms of this Agreement,\nwith determinations made by the Director, or if such determinations are appealed with\ndecisions of the Associate Administrator. All work plans and associated schedules set\nforth or referenced in Section II shall be automatically incorporated into this Consent\nAgreement and are enforceable in the same manner.\nVI. Record Keeping and Information Disclosure\n31. Respondent agrees to maintain records demonstrating compliance with all\nrequirements of this Consent Agreement for a period of at least five years following\ncompletion of all work to be performed. For any reports, plans, or other deliverables\nrequired to be submitted to PHMSA pursuant to this Consent Agreement, Respondent\nmay assert a claim of business confidentiality or other protections applicable to the\nrelease of information by PHMSA, covering part or all of the information required to be\nsubmitted to PHMSA pursuant to this Agreement in accordance with 49 C.F.R. Part 7.\nThe claim of confidentiality shall be marked in writing on each page, and shall include a\nstatement specifying the grounds for each claim of confidentially. PHMSA shall\ndetermine release of any information submitted pursuant to this Consent Agreement in\naccordance with 49 C.F.R. Part 7, the Freedom of Information Act, 5 U.S.C. § 552, DOT\nand/or PHMSA policies, and other applicable regulations and Executive Orders.\nVII. Effective Date\n32. The “Effective Date” as used herein is the date on which this Consent Agreement\nhas been signed by both Respondent and PHMSA. Unless specified to the contrary, all\ndeadlines for actions required by this Agreement run from the Effective Date of this\nAgreement.\n9\n\n\n\nVIII. Modification\n33. The terms of this Consent Agreement may be modified by mutual agreement of\nthe Parties. Such modifications shall be in writing and shall be signed by both Parties.\nIX. Termination\n34. This Consent Agreement shall terminate upon the completion of all terms set\nforth in Section II (Work to Be Performed). Respondent may request written\nconfirmation from PHMSA when this Agreement is terminated. To the extent ongoing\nmonitoring is required, PHMSA may terminate this Agreement with respect to all other\nrequirements with the exception of such monitoring. Nothing in this Agreement prevents\nRespondent from completing any of the obligations earlier than the deadlines provided\nfor herein.\nX. Ratification\n35. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Consent Agreement and to execute and legally\nbind such party to this document.\n36. The Parties hereby agree to all conditions and terms of this Consent Agreement:\nFor PHMSA: For Respondent:\n___________________________ ____________________________\nMr. David Barrett Mr. Jesus Soto, Jr.\nDirector, Central Region Vice-President\nPipeline and Hazardous Materials Tennessee Gas Pipeline Company\nSafety Administration\n_____________________ _____________________\nDate Date\n10\n\n320111001S_Consent Order_03312011_text.pdf\n\nMAR 31 2011\nMr. Jesus Soto, Jr.\nVice President, Operations Services\nTennessee Gas Pipeline Company\n1001 Louisiana Street\nP.O. Box 2511\nHouston, TX 77252-2511\nRe: CPF No. 3-2011-1001S\nDear Mr. Soto:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement that you\nsigned on March 24, 2011. Service of the Consent Order and Consent Agreement by certified\nmail is deemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R. §\n190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. David Barrett, Director, Central Region, PHMSA\nMr. Bill Cope, Vice President Eastern Operations, Tennessee Gas Pipeline Company\nMs. Elizabeth Herdes, Counsel for Tennessee Gas Pipeline Company\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED [7005 1160 0001 0073 9833]\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\n____________________________________\nIn the Matter of )\nTennessee Gas Pipeline Company, ) CPF No. 3-2011-1001S\n)\n)\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nOn March 11, 2011, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nOffice of Pipeline Safety issued a Notice of Proposed Safety Order (Notice) to Tennessee Gas\nPipeline Company (Respondent) in this case.\nIn accordance with 49 C.F.R. § 190.239, the Notice alleged that certain segments of\nRespondent’s natural gas pipeline system designated as the Line 200 Pipeline System have an\napparent condition or conditions that, without corrective measures, would pose a pipeline\nintegrity risk to public safety, property, or the environment. Specifically, the Notice alleged that\nthe conditions that caused the February 10, 2011 failure on Line 200-4 in mainline valve section\n214 (Line Section 214-4) approximately 2.5 miles southeast of the town of Hanoverton, Ohio,\nand the March 1, 2011 failure on Line 200-1 in mainline valve section 209 (Line Section 209-1)\napproximately 0.5 miles downstream of Compressor Station 209, demonstrated the presence of\nintegrity risks on those segments of Lines 200-1, 200-2, 200-3, and 200-4 running from\nCompressor Station 200 to Compressor Station 219 including the Pittsburg Spur (the “Affected\nSegments”). The Notice proposed that Respondent take certain actions to address these\nconditions.\nIn response to the Notice, Respondent and PHMSA engaged in good faith settlement discussions\nresulting in the Consent Agreement attached to this Order that settles all of the allegations in the\nNotice.\nAccordingly, the foregoing Consent Agreement is hereby approved and incorporated by\nreference into this Order. Tennessee Gas Pipeline Company is hereby ordered to comply with\nthe terms of the Consent Agreement, effective immediately.\n\n\n\nPursuant to 49 U.S.C. 60101 et seq. and 49 C.F.R. § 190.221, failure to comply with this Consent\nOrder may result in the assessment of administrative civil penalties of up to $100,000 per\nviolation per day, or in the referral of the case for judicial enforcement. The terms and\nconditions of this Consent Order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\n____________________________________ _________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":33538}