{"operation":"document","citation":"CPF 320201002M","title":"DTE GAS COMPANY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-01-27","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(8), 192.911(a), 192.911(a)(i), 192.911(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320201002m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320201002m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320201002m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320201002M","body":"Notice of Amendment involving DTE GAS COMPANY. PHMSA's enforcement data identifies the cited regulations as 192.605(b)(8),  192.911(a),  192.911(a)(i),  192.911(c). The case was opened on 2020-01-27 and is reported as closed as of 2020-08-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320201002M_Closure Letter_08042020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201002M/320201002M_Closure%20Letter_08042020.pdf\n\n320201002M_Closure Letter_08062020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201002M/320201002M_Closure%20Letter_08062020_text.pdf\n\n320201002M_Notice of Amendment (Correction)_02272020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201002M/320201002M_Notice%20of%20Amendment%20(Correction)_02272020.pdf\n\n320201002M_Notice of Amendment (Correction)_02272020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201002M/320201002M_Notice%20of%20Amendment%20(Correction)_02272020_text.pdf\n\n320201002M_Notice of Amendment_01272020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201002M/320201002M_Notice%20of%20Amendment_01272020.pdf\n\n320201002M_Notice of Amendment_01272020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201002M/320201002M_Notice%20of%20Amendment_01272020_text.pdf\n\n320201002M_Operator Response to Notice_02262020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201002M/320201002M_Operator%20Response%20to%20Notice_02262020.pdf\n\n320201002M_Closure Letter_08042020.pdf\n\nU.S. Department 901 Locust Street, Suite 480\nof Transportation Kansas City, MO 64106\nPipeline and Hazardous\nMaterials Safety\nAdministration\nVIA ELECTRONIC MAIL TO: matthew.paul@dteenergy.com,\nrenee.tomina@dteenergy.com, and alida.sandbergy@dteenergy.com\nAugust 4, 2020\nMr. Matthew Paul\nPresident and Chief Operating Officer, DTE Gas\nDTE Gas Company\nOne Energy Plaza\nWCB 2377\nDetroit, MI 48226\nCPF 3-2020-1002M\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 DTE Gas Company's\n(DTE) procedures for operation and maintenance and integrity management at the Milford\nCompressor Station near Milford, MI.\nAs a result of the inspection, DTE Gas Company was issued a Notice of Amendment on January\n27, 2020, which proposed amendment of your procedures. On February 26, 2020 and April 30,\n2020, DTE Gas Company submitted the amended procedures. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n\n320201002M_Closure Letter_08062020_text.pdf\n\nVIA ELECTRONIC MAIL TO: matthew.paul@dteenergy.com,\nrenee.tomina@dteenergy.com, and alida.sandberg@dteenergy.com\nAugust 6, 2020\nMr. Matthew Paul\nPresident and Chief Operating Officer, DTE Gas\nDTE Gas Company\nOne Energy Plaza\nWCB 2377\nDetroit, MI 48226\nCPF 3-2020-1002M\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 DTE Gas Company's\n(DTE) procedures for operation and maintenance and integrity management at the Milford\nCompressor Station near Milford, MI.\nAs a result of the inspection, DTE Gas Company was issued a Notice of Amendment on January\n27, 2020, which proposed amendment of your procedures. On February 26, 2020 and April 30,\n2020, DTE Gas Company submitted the amended procedures. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n\n320201002M_Notice of Amendment_01272020_text.pdf\n\nNOTICE OF AMENDMENT\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 3-2020-1002M\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 DTE Gas Company’s\n(DTE) procedures for operation and maintenance and integrity management at the Milford\nCompressor Station near Milford, MI.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nDTE plans or procedures, as described below:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(b) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following, if applicable, to provide safety during\nmaintenance and operations.\n(1) . . .\n(8) Periodically reviewing the work done by operator personnel to determine the\neffectiveness and adequacy of the procedures used in normal operation and\nmaintenance and modifying the procedure when deficiencies are found.\nDTE’s operation and maintenance manual did not have adequate procedures for periodically\n\n\n\n2. 3. reviewing the work done by operator personnel to determine the effectiveness and adequacy\nof the procedure. The procedure (Procedure 192.605(b)(8) on page 6 of the Operations\nStandards) did not define what DTE would do to meet this requirement and how that review\nwould be documented. DTE’s procedures must set forth a process for how DTE would\nconduct the periodic reviews to determine the effectiveness and adequacy of the procedures,\nas well as how these reviews will be documented.\n§192.911 What are the elements of an integrity management program?\nAn operator's initial integrity management program begins with a framework (see §\n192.907) 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 and\nsubsequent program must, at minimum, contain the following elements. (When\nindicated, refer to ASME/ANSI B31.8S (incorporated by reference, see § 192.7) for\nmore detailed information on the listed element.)\n(a) An identification of all high consequence areas in accordance with § 192.905.\n§192.905 How does an operator identify a high consequence area?\n(a) General. To determine which segments of an operator's transmission pipeline system\nare covered by this subpart, an operator must identify the high consequence areas. An\noperator must use method (1) or (2) from the definition in § 192.903 to identify a high\nconsequence area. An operator may apply one method to its entire pipeline system,\nor an operator may apply one method to individual portions of the pipeline system.\nAn operator must describe in its integrity management program which method it is\napplying to each portion of the operator's pipeline system. The description must\ninclude the potential impact radius when utilized to establish a high consequence\narea. (See appendix E.I. for guidance on identifying high consequence areas.)\nDTE’s procedures (Section 2.0 – Identification of High Consequence Areas (HCA)) did not\nconsider long term construction activity within a potential impact radius (PIR) as potentially\ncreating a high consequence area.\nLong term construction activities such as the Belle River Compressor Station Project often\nhave enough personnel to meet the definition of an identified site. DTE’s procedure must be\nclarified to include those type of activities to ensure that all high consequence areas are\naddressed in DTE’s written integrity management program.\n§192.911 What are the elements of an integrity management program?\nAn operator's initial integrity management program begins with a framework (see §\n192.907) 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 and\nsubsequent program must, at minimum, contain the following elements. (When\n2\n\n\n\n4. indicated, refer to ASME/ANSI B31.8S (incorporated by reference, see § 192.7) for\nmore detailed information on the listed element.)\n(a) . . .\n(b) An identification of threats to each covered pipeline segment, which must include\ndata integration and a risk assessment. An operator must use the threat identification\nand risk assessment to prioritize covered segments for assessment (§ 192.917) and to\nevaluate the merits of additional preventive and mitigative measures (§ 192.935) for\neach covered segment.\nDTE’s procedures (Section 4.0 Identification of Threats and Risk Assessment) did not\ninclude data integration and a risk assessment for station piping within meter, regulator, and\ncompressor stations as well as transmission pipeline segments that extend within a station\nboundary. The integrity management regulation applies to these facilities and should be\naddressed within DTE’s written integrity management program.\n§192.911 What are the elements of an integrity management program?\nAn operator's initial integrity management program begins with a framework(see §\n192.907) 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 and\nsubsequent program must, at minimum, contain the following elements. (When\nindicated, refer to ASME/ANSI B31.8S (incorporated by reference, see § 192.7) for\nmore detailed information on the listed element.)\n(a) . . .\n(i) A performance plan as outlined in ASME/ANSIB31.8S, section 9 that includes\nperformance measures meeting the requirements of § 192.945.\n§192.945 What methods must an operator use to measure program effectiveness?\n(a) General. An operator must include in its integrity management program methods to\nmeasure whether the program is effective in assessing and evaluating the integrity of\neach covered pipeline segment and in protecting the high consequence areas. These\nmeasures must include the four overall performance measures specified in\nASME/ANSI B31.8S (incorporated by reference, see § 192.7 of this part), section 9.4,\nand the specific measures for each identified threat specified in ASME/ANSI B31.8S,\nAppendix A. An operator must submit the four overall performance measures as part\nof the annual report required by § 191.17 of this subchapter.\nDTE’s procedures (Section 13.0 Quality Assurance) did not include specific language on\nhow to determine whether DTE’s integrity management program is effective in assessing and\nevaluating the integrity of each covered pipeline segment. The procedure lacked guidance on\nwhat this evaluation includes and how this evaluation is documented. DTE’s procedures\nmust define how they are going to measure program effectiveness in accordance with\n§192.945 and what records will be used to document this process.\n3\n\n\n\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for 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 for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust 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 information\nqualifies for confidential treatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n[number of days] days of receipt of this Notice. This period may be extended by written request\nfor good cause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that DTE Gas Company maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Allan C. Beshore, Director, Central Region OPS,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 3-2020-1002M and, for each document you submit, please provide a\ncopy in electronic format whenever possible.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\nCc: Ms. Renee Tomina, Vice President of Gas Operations, DTE Gas Company, One Energy\nPlaza, WCB 1718, Detroit, MI 48226\n4\n\n320201002M_Notice of Amendment (Correction)_02272020_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 27, 2020\nMs. Renee Tomina\nVice President of Gas Operations\nDTE Gas Company\nOne Energy Plaza, WCB 1718\nDetroit, MI 48226\nDear Ms. Tomina:\nOn January 27, 2020, a Notice of Amendment, CPF 3-2020-1002M (Notice) was sent to you\nafter an inspection of your operation and maintenance and integrity management procedures\nwas conducted by representatives of the Michigan Public Service Commission (MIPSC)\nacting as an interstate agent for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA).\nIn the Notice, the number of days to submit the amended procedures was inadvertently left\nblank. Therefore, if you are not contesting this Notice, we propose you submit your amended\nprocedures within 90 days of the date you received the Notice.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":15249}