{"operation":"document","citation":"CPF 32021016NOPV","title":"TEXAS GAS TRANSMISSION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-04-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.631(a)(2), 192.631(e)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021016nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021016nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021016nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32021016NOPV","body":"Notice of Probable Violation involving TEXAS GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.631(a)(2),  192.631(e)(2). The case was opened on 2021-04-08 and is reported as closed as of 2021-12-21. Proposed civil penalty: $37,100. Assessed civil penalty: $37,100. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32021016NOPV_Closure Letter_12212021_(20-173061).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021016NOPV/32021016NOPV_Closure%20Letter_12212021_(20-173061).pdf\n\n32021016NOPV_Closure Letter_12212021_(20-173061)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021016NOPV/32021016NOPV_Closure%20Letter_12212021_(20-173061)_text.pdf\n\n32021016NOPV_Final Order_12092021_(20-173061).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021016NOPV/32021016NOPV_Final%20Order_12092021_(20-173061).pdf\n\n32021016NOPV_Final Order_12092021_(20-173061)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021016NOPV/32021016NOPV_Final%20Order_12092021_(20-173061)_text.pdf\n\n32021016NOPV_Operator Response to Notice_05072021_(20-173061).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021016NOPV/32021016NOPV_Operator%20Response%20to%20Notice_05072021_(20-173061).pdf\n\n32021016NOPV_PCP PCO_04082021_(20-173061).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021016NOPV/32021016NOPV_PCP%20PCO_04082021_(20-173061).pdf\n\n32021016NOPV_PCP PCO_04082021_(20-173061)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021016NOPV/32021016NOPV_PCP%20PCO_04082021_(20-173061)_text.pdf\n\n32021016NOPV_Closure Letter_12212021_(20-173061)_text.pdf\n\nVIA ELECTRONIC MAIL TO: stan.horton@bwpipelines.com, tina.baker@bwpipelines.com\nDecember 21, 2021\nStanley C. Horton\nPresident, CEO\nTexas Gas Transmission, LLC\n9 Greenway Plaza, Suite 2800\nHouston, TX 77066\nCPF 3-2021-016-NOPV\nDear Mr. Horton:\nOn December 9, 2021, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Texas Gas Transmission, LLC, a Final Order in the above-referenced case. This order\nincluded a Compliance Order and Civil Penalty assessment. Based on our review of the\ndocumentation you provided and confirmation of payment of the civil penalty, it has been\ndetermined that you have complied with the terms of this Order.\nAccordingly, this case in now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration.\nCc: Tina Baker, Manager Compliance Services, tina.baker@bwpipelines.com\n\n32021016NOPV_Final Order_12092021_(20-173061)_text.pdf\n\nDecember 9, 2021\nVIA ELECTRONIC MAIL TO: stan.horton@bwpipelines.com\nMr. Stanley C. Horton\nPresident and Chief Executive Officer\nBoardwalk Pipeline Partners, LP\n9 Greenway Plaza, Suite 2800\nHouston, Texas 77066\nRe: CPF No. 3-2021-016-NOPV\nDear Mr. Horton:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation, assesses a civil penalty of $37,100, and specifies actions that need to be taken by your\nsubsidiary, Texas Gas Transmission, LLC, to comply with the pipeline safety regulations. The\npenalty payment terms are set forth in the Final Order. When the civil penalty has been paid and\nthe terms of the compliance order completed, as determined by the Director, Central Region, this\nenforcement action will be closed. Service of the Final Order by e-mail is effective upon the date\nof transmission as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA\nMr. Tony Rizk, P.E., Vice President of Technical Services, Texas Gas Transmission, LLC,\ntony.rizk@bwpipelines.com\nMs. Tina Baker, Manager, Compliance Services, Boardwalk Pipeline Partners, LP,\ntina.baker@bwpipelines.com\nMr. Richard Keyser, Sr., Vice President of Operations, Boardwalk Pipeline Partners, LP,\ndick.keyser@bwpipelines.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n_____________________________________________\nIn the Matter of )\n)\n)\nTexas Gas Transmission, LLC, a subsidiary of Boardwalk Pipeline Partners, LP, )\n)\nRespondent. )\n_____________________________________________)\n) CPF No. 3-2021-016-NOPV\nFINAL ORDER\nFrom June 15 through June 19 2021, pursuant to 49 U.S.C. § 60117, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted a virtual safety inspection of the records of Texas Gas Transmission, LLC, a\nsubsidiary of Boardwalk Pipeline Partners, LP (TET or Respondent). TET operates a bi-\ndirectional interstate natural gas pipeline that provides transportation and storage services in\nTexas, Louisiana, Mississippi, Arkansas, Tennessee, Kentucky, Illinois, Indiana, and Ohio.1\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated April 8, 2021, a Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nproposed finding that TET had violated 49 C.F.R. §§ 192.631(a)(2) and 192.631(e)(2) and\nproposed assessing a civil penalty of $37,100 for the alleged violations. The Notice also\nproposed ordering Respondent to take certain measures to correct the alleged violations.\nTET responded to the Notice by letter dated May 7, 2021 (Response). The company did not\ncontest the allegations of violation but provided an explanation of its actions, information\nconcerning the corrective actions it had taken, and requested that the proposed civil penalty be\nreduced or eliminated. Respondent did not request a hearing and therefore has waived its right to\none.\n1 https://www.txgt.com/about-us/subsidiaries/texas-gas-transmission-llc/default.aspx (last accessed September 30,\n2021).\n\n\n\nCPF No. 3-2021-016-NOPV\nPage 2\nFINDINGS OF VIOLATION\nIn its Response, TET did not contest the allegations in the Notice that it violated 49 C.F.R. Part\n192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.631(a)(2), which states:\n§ 192.631 Control room management.\n(a) General.\n(1) …\n(2) The procedures required by this section must be integrated, as\nappropriate, with operating and emergency procedures required by §§\n192.605 and 192.615. An operator must develop the procedures no later\nthan August 1, 2011, and must implement the procedures according to the\nfollowing schedule. The procedures required by paragraphs (b), (c)(5),\n(d)(2) and (d)(3), (f) and (g) of this section must be implemented no later\nthan October 1, 2011. The procedures required by paragraphs (c)(1) through\n(4), (d)(1), (d)(4), and (e) must be implemented no later than August 1,\n2012. The training procedures required by paragraph (h) must be\nimplemented no later than August 1, 2012, except that any training required\nby another paragraph of this section must be implemented no later than the\ndeadline for that paragraph.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.631(a)(2) by failing to integrate\nprocedures required by this section, as appropriate, with operating and emergency procedures\nrequired by §§ 192.605 and 192.615. Specifically, the Notice alleged that TET failed to\nimplement training procedures required by § 192.631(h) no later than August 1, 2012. In the\nResponse, TET did not contest the violation, but described its ongoing and planned, future\nactions for addressing the deficiencies in its control room management training program.\nAccordingly, based upon a review of all of the evidence, I find that Respondent violated 49\nC.F.R. § 192.631(a)(2) by failing to implement training procedures required by § 192.631(h) no\nlater than August 1, 2012.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.631(e)(2), which states:\n§ 192.631 Control room management.\n(a) …\n(e) Alarm management. Each operator using a SCADA system must\nhave a written alarm management plan to provide for effective controller\nresponse to alarms. An operator's plan must include provisions to:\n(1) …\n(2) Identify at least once each calendar month points affecting safety\nthat have been taken off scan in the SCADA host, have had alarms inhibited,\ngenerated false alarms, or that have had forced or manual values for periods\nof time exceeding that required for associated maintenance or operating\nactivities;\n\n\n\nCPF No. 3-2021-016-NOPV\nPage 3\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.631(e)(2) by failing to identify at\nleast once each calendar month points affecting safety that have been taken off scan in the\nSCADA host, have had alarms inhibited, generated false alarms, or that have had forced or\nmanual values for periods of time exceeding that required for associated maintenance or\noperating activities. Specifically, the Notice alleged that TET’s monthly reviews did not include\nreview of points that had forced or manual values, nor did TET’s control room management plan\nrequire the review of points that had forced or manual values.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.631(e)(2) by failing to identify\nat least once each calendar month points affecting safety that have been taken off scan in the\nSCADA host, have had alarms inhibited, generated false alarms, or that have had forced or\nmanual values for periods of time exceeding that required for associated maintenance or\noperating activities.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any\nrelated series of violations.2\nIn determining the amount of a civil penalty under 49 U.S.C. § 60122 and 49 C.F.R. § 190.225, I\nmust consider the following criteria: the nature, circumstances, and gravity of the violation,\nincluding adverse impact on the environment; the degree of Respondent’s culpability; the history\nof Respondent’s prior offenses; any effect that the penalty may have on its ability to continue\ndoing business; the good faith of Respondent in attempting to comply with the pipeline safety\nregulations; and self-disclosure or actions to correct a violation prior to discovery by PHMSA.\nIn addition, I may consider the economic benefit gained from the violation without any reduction\nbecause of subsequent damages, and such other matters as justice may require. The Notice\nproposed a total civil penalty of $37,100 for the violation cited above.\nItem 2: The Notice proposed a civil penalty of $37,100 for Respondent’s violation of 49 C.F.R.\n§ 192.631(e)(2), for failing to identify at least once each calendar month points affecting safety\nthat have been taken off scan in the SCADA host, have had alarms inhibited, generated false\nalarms, or that have had forced or manual values for periods of time exceeding that required for\nassociated maintenance or operating activities. In its Response, TET stated that it “immediately\nremediated the alarm management issue addressed in the Notice during the subject audit.”3 TET\ndescribed the actions it took to remediate the issue and stated it came into compliance with the\n2 These amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223.\n3 Response, 2.\n\n\n\nCPF No. 3-2021-016-NOPV\nPage 4\nregulation in June 2020. TET requested that PHMSA consider reducing or eliminating the\npenalty amount based on these actions. Having considered TET’s actions, I find they were taken\nafter PHMSA discovered the violation and brought the issue to Respondent’s attention. The\nactions were then taken in order to achieve compliance with the regulations. A reduction or\nelimination of the penalty is, therefore, not appropriate in this case.4\nAccordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a civil penalty of $37,100 for violation of 49 C.F.R. § 192.631(e)(2).\nPayment of the civil penalty must be made within 20 days of service. Federal regulations (49\nC.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal\nReserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed\ninstructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike\nMonroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169.\nThe Financial Operations Division telephone number is (405) 954-8845.\nFailure to pay the $37,100 civil penalty will result in accrual of interest at the current annual rate\nin accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to\nthose same authorities, a late penalty charge of six percent (6%) per annum will be charged if\npayment is not made within 110 days of service. Furthermore, failure to pay the civil penalty\nmay result in referral of the matter to the Attorney General for appropriate action in a district\ncourt of the United States.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for the violation of\n49 C.F.R. § 192.631(a)(2). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.\n§ 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to\nensure compliance with the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 192.631(a)(2) (Item 1), Respondent must\nimplement a structured on-the-job training plan that includes, at a minimum:\nidentification specific training content, web-based or instructor-led training,\nassessments for training courses and periodic progress, and definitions of\ncompetency. This plan must be provided for all positions, defined in the control\nroom, who will maintain operator qualification to operate a console for either\nassigned shift rotation or to fill a temporary vacancy. The training plan should be\ndeveloped so that the individual trainee, mentor, and supervisor understand the\n4 See, e.g., Kinder Morgan Liquid Terminals, LLC, Final Order, CPF No. 1-2018-5004, 2019 WL 4257137, at *5\n(Jun. 27, 2019) (finding an operator’s actions to correct a violation were taken after PHMSA had already identified\nthe violation and therefore did not constitute grounds to reduce the proposed penalty).\n\n\n\nCPF No. 3-2021-016-NOPV\nPage 5\nrequirements and can track progress. This must be completed, and documentation\nsubmitted to the Director, within 180 days of receipt of the Final Order.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nPHMSA requests that Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Compliance Order and submit the total to the Director. It is\nrequested that these costs be reported in two categories: (1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses; and (2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000, as adjusted for inflation (see 49 C.F.R. § 190.223), for each violation for\neach day the violation continues or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this\nFinal Order by Respondent. Any petition submitted must contain a statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The filing of a petition automatically stays\nthe payment of any civil penalty assessed. The other terms of the order, including corrective\naction, remain in effect unless the Associate Administrator, upon request, grants a stay.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nDecember 9, 2021\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":17336}