{"operation":"document","citation":"CPF 320201007W","title":"TALLGRASS INTERSTATE GAS TRANSMISSION, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-10-26","effective_on":null,"summary":"CLOSED warning letter citing 192.805(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320201007w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320201007w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320201007w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320201007W","body":"Warning Letter involving TALLGRASS INTERSTATE GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulation as 192.805(c). The case was opened on 2020-10-26 and is reported as closed as of 2020-10-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320201007W_Operator Response to Notice_11252020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201007W/320201007W_Operator%20Response%20to%20Notice_11252020.pdf\n\n320201007W_Warning Letter_10262020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201007W/320201007W_Warning%20Letter_10262020.pdf\n\n320201007W_Warning Letter_10262020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320201007W/320201007W_Warning%20Letter_10262020_text.pdf\n\n320201007W_Warning Letter_10262020_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: bill.moler@tallgrassenergylp.com and\njennifer.eckels@tallgrassenergylp.com\nOctober 26, 2020\nMr. William Moler\nPresident and Chief Executive Officer\nTallgrass Energy Partners, LP\n2400 W. 115th Street, Suite 350\nLeawood, KS 66221-2609\nCPF 3-2020-1007W\nDear Mr. Moler:\nOn May 7 – 11, 2019 and December 4 – 6, 2018, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Tallgrass Energy Partners, LP’s (Tallgrass) procedures and records for Control Room\nManagement in Lakewood, Colorado.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violation is:\n1. §192.805 Qualification Program\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) . . .\n(c) Allow individual that are not qualified pursuant to the subpart to perform a\ncover task if directed and observed by an individual that is qualified.\n\n\n\nTallgrass failed to follow its written Operator Qualification (OQ) program by allowing an\nindividual who was not qualified to perform a covered task without being directed and\nobserved by a qualified individual. Specifically, Tallgrass’ Gas Control Room staff\nallowed an unqualified trainee to perform the covered task of operating three pipelines\nwithout being directed and observed by an individual that wass qualified.\nTallgrass’ OQ program requires 1:1 span of control for Gas Pipeline Controllers.\nAdditionally, Tallgrass’ Operation and Maintenance Manual, 1100_GL Section 10.2,\ndescribes the following as Tallgrass’ gas console staffing requirement: “There is a total of\n2 gas consoles (REX/TPC and TIGT) in the OCC. There is a total of 11 gas Controllers,\nincluding 1 Lead. Gas Controllers may at times include Trainees, but at least one\nqualified Controller will be on shift at any given time. Each Controller is qualified to run\nboth consoles, and as part of the work schedule, rotate back and forth between the\nconsoles on a regular basis. There are two Gas Controllers on duty per shift. One\nController has primary responsibility for the TIGT console, and the other Controller has\nprimary responsibility for the REX/TPC console. The two consoles are typically run\nseparately and do not share control.”\nTallgrass explained to the PHMSA inspector that during the training period of\ncontrollers, prior to qualification, the trainee operated a separate system of Tallgrass.\nWhile the qualified controller was in the same room, he did not continuously observe and\nmonitor the pipeline conditions nor direct and observe the actions of the controller\ntrainee. During this time, the qualified controller was engaged in monitoring and\noperating a separate system. While Tallgrass contended the qualified controller was in\nthe same room as the trainee and therefore could respond to the console control if needed,\nit was not a true 1:1 span of control as both the qualified controller and trainee were\nfunctioning as independent controllers. Therefore, Tallgrass violated §192.805(c) by\nallowing an individual who was not quailifed nor was directed and observed by a\nqualified individual perform a covered task.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$213,268 per violation per day the violation persists, up to a maximum of $2,132,679 for a\nrelated series of violations. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with\na maximum penalty not to exceed $2,090,022. For violations occurring prior to November 2,\n2015, the maximum penalty may not exceed $200,000 per violation per day, with a maximum\npenalty not to exceed $2,000,000 for a related series of violations. We have reviewed the\ncircumstances and supporting documents involved in this case, and have decided not to conduct\nadditional enforcement action or penalty assessment proceedings at this time. We advise you to\ncorrect the item identified in this letter. Failure to do so will result in Tallgrass being subject to\nadditional enforcement action.\n2\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 3-2019-1007W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nCc: Jennifer Eckels, Manager of Compliance, Tallgrass Interstate Gas Transmission, 370 Van\nGordon, Street, Lakewood, CO 80228 jennifer.eckels@tallgrassenergylp.com\n3","truncated":false,"body_characters":6099}