{"operation":"document","citation":"CPF 32021057WL","title":"MISSISSIPPI HUB, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-09-10","effective_on":null,"summary":"CLOSED warning letter citing 192.631(e)(5), 192.631(f)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021057wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021057wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021057wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32021057WL","body":"Warning Letter involving MISSISSIPPI HUB, LLC. PHMSA's enforcement data identifies the cited regulations as 192.631(e)(5),  192.631(f)(1). The case was opened on 2021-09-10 and is reported as closed as of 2021-09-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32021057WL_Warning Letter_09102021_(20-179020).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021057WL/32021057WL_Warning%20Letter_09102021_(20-179020).pdf\n\n32021057WL_Warning Letter_09102021_(20-179020)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021057WL/32021057WL_Warning%20Letter_09102021_(20-179020)_text.pdf\n\n32021057WL_Warning Letter_09102021_(20-179020)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: paul.bieniawski@enstorinc.com & todd.cash@enstorinc.com\nSeptember 10, 2021\nPaul Bieniawski\nChief Executive Officer\nEnstor Mississippi Hub\n10375 Richmond Avenue, Suite 1900\nHouston, TX 77042\nCPF 3-2021-057-WL\nDear Mr. Bienaiwski:\nFrom November 2 – 6, 2020 , a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nyour Control Room Management procedures and records in Katy, Texas.\nThis Notice is in response to PHMSA’s Control Room Management (CRM) Initiative, which is a\nnational level program that includes inspectors from every region. As a result, you may have\nreceived this Notice from a different Regional Director than typical because the CRM Initiative\ninspections are currently separate from the standard inspection program. Notices and\ncorrespondence from other types of inspections will remain unchanged.As a result of the\ninspection, it is alleged that you have committed probable violations of the Pipeline Safety\nRegulations, Title 49, Code of Federal Regulations (CFR). The items inspected and the probable\nviolations are:\n1. § 192.631 Control room management.\n(a) . . . .\n(e) Alarm management. Each operator using a SCADA system must have a written\nalarm management plan to provide for effective controller response to alarm. An\noperator’s plan must include provisions to:\n(1) . . . .\n(5) Monitor content and volume of general activity being directed to and required\nof each controller at least once each calendar year, but at intervals not to exceed 15\nmonths, that will assure controllers have sufficient time to analyze and react to the\nincoming alarms;\nEnstor failed to complete a work load analysis in 2019. Remote Operations Control (ROC) had\ncompleted its review on February 27, 2019 prior to Enstor coming in to the ROC control room\non August 6, 2019. Sempra completed its study on October 27, 2019. Enstor should have\n\n\n\ncompleted the work load analysis on or before October 27, 2019, but no later than December\n31, 2019.\n2. § 192.631 Control room management.\n(a) . . . .\n(f) Change management. Each operator must assure that changes that could affect\ncontrol room operations are coordinated with the control room personnel by\nperforming each of the following:\n(1) Establish communications between control room representatives, operator’s\nmanagement, and associated field personnel when planning and implementing\nphysical changes to pipeline equipment or configuation.\nEnstor failed to follow its CRM Procedure 7.11 when it moved the control room operation from\nSempra to ROC on August 6, 2019. Section 7.1 stated \"[a]ll identified changes shall be\ndocumented and reviewed through Company Management of Change (MOC) program.\" Enstor\ndid not complete an MOC for moving the control room and SCADA access to the ROC\nfacility. The process of transferring Enstor controllers from Sempra to ROC required training\ncontrollers, setting up the computer system, providing remote access to the Sempra servers and\nmore. ROC completed a MOC 08062019- Mississippi Hub and Bay Gas Facilities that included\ntraining dates of 7/8/2019 to 8/5/2019 and remotely signing in to the Mississippi Hub SCADA\nservers and also the shift turnover from Sempra to ROC.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a\nrelated series of violations. For violation occurring on or after July 31, 2019 and before January\n11, 2021, the maximum penalty may not exceed $218,647 per violation per day the violation\npersists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nFor violation occurring on or after November 2, 2015 and before November 27, 2018, the\nmaximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not\nto exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item(s) identified in this letter. Failure to do so will result in\nEnstor Mississippi Hub being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 3-2021-057-WL. 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).\n2\n\n\n\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Todd Cash, Director Compliance todd.cash@enstorinc.com\n3","truncated":false,"body_characters":6088}