{"operation":"document","citation":"CPF 320201001W","title":"DTE GAS COMPANY — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-01-27","effective_on":null,"summary":"CLOSED warning letter citing 191.25(a), 192.479(a), 192.603(b), 192.745(a), 192.947(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320201001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320201001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320201001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320201001W","body":"Warning Letter involving DTE GAS COMPANY. PHMSA's enforcement data identifies the cited regulations as 191.25(a),  192.479(a),  192.603(b),  192.745(a),  192.947(d). The case was opened on 2020-01-27 and is reported as closed as of 2020-01-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320201001W_Operator Response to Notice_02262020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201001W/320201001W_Operator%20Response%20to%20Notice_02262020.pdf\n\n320201001W_Warning Letter_01272020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201001W/320201001W_Warning%20Letter_01272020.pdf\n\n320201001W_Warning Letter_01272020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201001W/320201001W_Warning%20Letter_01272020_text.pdf\n\n320201001W_Warning Letter_01272020_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 27, 2020\nMr. Matthew Paul\nPresident and Chief Operating Officer, DTE Gas\nDTE Gas Company\nOne Energy Plaza\nWCB 2377\nDetroit, MI 48226\nCPF 3-2020-1001W\nDear Mr. Paul:\nOn May 13-16, 2019, representatives of the Michigan Public Service Commission (MIPSC)\nacting as an interstate agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the DTE - Vector\nPipeline (DTE) gas facilities near Milford, Michigan.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violations are:\n1. §191.25 Filing safety-related condition reports.\n(a) Each report of a safety-related condition under §191.23(a) must be filed (received\nby OPS within five working days, not including Saturday, Sunday, or Federal\nHolidays) after the day a representative of the operator first determines that the\ncondition exists, but not later than 10 working days after the day a representative\nof the operator discovers the condition. Separate conditions may be described in a\nsingle report if they are closely related. Reports may be transmitted by electronic\nmail to InformationResourcesManager@dot.gov or by facsimile at (202) 366-\n7128.\n\n\n\n2. 3. DTE did not timely report a safety-related condition initially identified on its pipeline on\nOctober 18, 2018, within five working days of determination or 10 days from discovery.\nOn October 18, 2018, DTE discovered accelerated erosion along the bank of the Belle\nRiver in China Township, Michigan. Per §191.23(a)(3) unintended movement or\nabnormal loading by environmental causes, such as an earthquake, landslide, or flood is a\nsafety-related condition. On January 19, 2019, DTE filed a safety-related condition report,\napproximately 3 months after discovery. DTE eventually completed an evaluation of the\ncrossing to further understand the accelerated erosion effect on the pipeline. However,\nDTE had not completed the evaluation within 10 days of the October 18, 2018, discovery\ndate; therefore, a safety-related condition report should have been filed.\n§192.479 Atmospheric corrosion control; General.\n(a) Each operator must clean and coat each pipeline or portion of pipeline that is\nexposed to the atmosphere, except pipelines under paragraph (c) of this section.\nDTE did not clean and coat multiple fittings located at valve site 3A and 2 between the\nHighland Compressor Station and Washington Compressor Station. A number of fittings\nand components at these locations had not been painted since their installation and had\nsignificant rust at the time of the inspection. DTE addressed the concerns after the MIPSC\ninspection.\n§192.745 Valve maintenance: Transmission lines.\n(a) Each transmission line valve that might be required during any emergency must\nbe inspected and partially operated at intervals not exceeding 15 months, but at\nleast once each calendar year.\nDTE did not inspect valves that might be required during an emergency at intervals not\nexceeding 15 months, but at least once each calendar year. During MIPSC’s review of the\nmainline valve inspection reports, it was noted that the blow-off valves (Valve FM and\nFB) at the Mainline Valve F-4 station located at 4400 Inwood Road in Washington\nTownship were not being inspected as emergency valves. It appears that these Valves FM\nand FB allow for an emergency blowdown or crossover to the other mainline to occur, and\ntherefore should be considered emergency valves. The records only documented the\ninspection of the mainline valve itself and the 12” valve at the blow-off stack on annual\ninspection reports.\n2\n\n\n\n4. §192.947 What records must an operator keep?\nAn operator must maintain, for the useful life of the pipeline, records that\ndemonstrate compliance with the requirements of this subpart. At minimum, an\noperator must maintain the following records for review during an inspection.\n(a) . . .\n(d) Documents to support any decision, analysis and process developed and used to\nimplement and evaluate each elementof the baseline assessment plan and\nintegrity management program. Documents include those developed and used in\nsupport of any identification, calculation, amendment, modification, justification,\ndeviation and determination made, and any action taken to implement and\nevaluate any of the program elements;\nDuring the inspection, a building identified as Lake Orion School District Transportation\nServices office was noted by MIPSC with the potential for 20 or more employees in the\nbuilding at once for at least 50 days of the year. However, DTE was unable to provide a\nrecord showing that an evaluation was performed to determine if this was an “identified\nsite”.1 MIPSC personnel believes that the evaluation was completed, but there were no\nrecords documenting the evaluation.\n5. §192.603 General provisions\n(a) . . .\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under §192.605.\n§192.615 Emergency plans.\n(a) . .\n(b) Each operator shall:\n(1) . . .\n(2) Train the appropriate operating personnel to assure that they are knowledgeable of\nthe emergency procedures and verifythat the training is effective.\nDTE did not keep records necessary to administer the emergency plans established under\n§192.605. Specifically, DTE was unable to provide documentation that the annual station\nbypass training, which is part of the emergency training, was completed in 2016.\n1 See 49 CFR §192.905 for definition of “identified sites”.\n3\n\n\n\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465\nfor a related series of violations. For violation occurring on or after November 27, 2018 and\nbefore July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day,\nwith a maximum penalty not to exceed $2,132,679. For violation occurring on or after\nNovember 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022. For\nviolations occurring prior to November 2, 2015, the maximum penalty may not exceed\n$200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or\npenalty assessment proceedings at this time. We advise you to correct the item(s) identified in\nthis letter. Failure to do so will result in DTE Gas Company being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2020-1001W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Ms. Renee Tomina, Vice President of Gas Operations, DTE Gas Company, One\nEnergy Plaza, WCB 1718, Detroit, MI 48226\n4","truncated":false,"body_characters":8594}