{"operation":"document","citation":"CPF 320201006M","title":"PANHANDLE EASTERN PIPELINE CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-09-28","effective_on":null,"summary":"CLOSED notice of amendment citing 192.616(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320201006m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320201006m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320201006m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320201006M","body":"Notice of Amendment involving PANHANDLE EASTERN PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 192.616(c). The case was opened on 2020-09-28 and is reported as closed as of 2020-11-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320201006M_Closure Letter_11122020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201006M/320201006M_Closure%20Letter_11122020.pdf\n\n320201006M_Closure Letter_11122020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201006M/320201006M_Closure%20Letter_11122020_text.pdf\n\n320201006M_Notice of Amendment_09282020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201006M/320201006M_Notice%20of%20Amendment_09282020.pdf\n\n320201006M_Notice of Amendment_09282020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201006M/320201006M_Notice%20of%20Amendment_09282020_text.pdf\n\n320201006M_Operator Response to Notice_11102020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201006M/320201006M_Operator%20Response%20to%20Notice_11102020.pdf\n\n320201006M_Notice of Amendment_09282020_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: Matthew.Ramsey@energytransfer.com ,\nEric.Amundsen@energytransfer.com , and Jim.Wright@energytransfer.com\nSeptember 28, 2020\nMr. Matthew Ramsey\nChief Operating Officer\nEnergy Transfer\n8111 Westchester Drive\nDallas, Texas 75225\nMatthew.Ramsey@energytransfer.com\nCPF 3-2020-1006M\nDear Mr. Ramsey:\nOn March 19-21, 2019, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety, pursuant to Chapter 601 of 49 United\nStates Code, inspected Energy Transfer’s Panhandle Eastern Pipeline (PEPL) procedures for\nPublic Awareness in Houston, Texas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nyour procedures, as described below:\n1. § 192.616 Public awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why compliance\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nPEPL’s Public Awareness Plan is inadequate because it does not include a process that takes\ninto account consequences, for non-alternative maximum allowable operating pressure\npipelines, when establishing notification distances from the pipeline. Specifically, PEPL’s\nPublic Awareness Plan procedure A.17 Section 7.2 only indicates that PEPL could include\npotential impact consequences for lines other than alternative maximum allowable operating\npressure lines.\n\n\n\nAPI RP 1162 section 3 states, “The operator should consider tailoring its communication\ncoverage area to fit its particular pipeline location and release consequences. The operator\nwould be expected to consider areas of consequence as defined in federal regulations. Where\nspecific circumstances suggest a wider coverage area for a certain pipeline location, the\noperator should expand its communication coverage area as appropriate.”\nPEPL must amend its procedure A.17 Section 7.2 to always include consequences in\nestablishing notification distances for its public stakeholder audience.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed\nas part 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\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).\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\nof receipt 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\nin this Notice without further notice to you and to issue an Order Directing Amendment. If\nyour plans or procedures are found inadequate as alleged in this Notice, you may be ordered to\namend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are\nnot contesting this Notice, we propose that you submit your amended procedures to my office\nwithin 45 days of receipt of this Notice. This period may be extended by written request for\ngood 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 Panhandle Easter Pipe Line maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Allen C. Beshore, Director,\nCentral Region, OPS, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to CPF 3-2020-1006M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\n2\n\n\n\nSincerely,\nGregory A. Ochs\nActing Director, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: Mr. Eric Amundsen, Senior Vice President, Energy Transfer, dba Panhandle Eastern\nPipeline Company, 1300 Main Street, Houston, TX 77002\nEric.Amundsen@energytransfer.com\nJim Wright, Chief Compliance Officer and EVP Legal, Energy Transfer,\nJim.Wright@energytransfer.com\n3\n\n320201006M_Closure Letter_11122020_text.pdf\n\nVIA ELECTRONIC MAIL TO: Mathew.Ramsey@energytransfer.com,\nEric.Amundsen@energytransfer.com, and Jim.Wright@energytransfer.com\nNovember 12, 2020\nMr. Matthew Ramsey\nChief Operating Officer\nEnergy Transfer\n8111 Westchester Drive\nDallas, Texas 75225\nRe: CPF 3-2020-1006M\nDear Mr.Ramsey:\nOn March 19-21, 2019, representatives from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an on-\nsite pipeline safety inspection of Energy Transfer’s Panhandle Eastern Pipeline (PEPL)\nprocedures for Public Awareness in Houston, TX. As a result of the inspection PEPL was issued\na Notice of Amendment on September 28, 2020, which proposed amendment of your procedures.\nPEPL submitted its amended procedure on November 10, 2020. My staff reviewed the amended\nprocedure, 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,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Mr. Eric Amundsen, Senior Vice President, Energy Transfer, Eric.Amundsen@energytransfer.com\nJim Wright, Chief Compliance Officer and EVP Legal, Energy Transfer,\nJim.Wright@energytransfer.com","truncated":false,"body_characters":7549}