{"operation":"document","citation":"CPF 32023012WL","title":"TEXAS EASTERN TRANSMISSION, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-11-21","effective_on":null,"summary":"CLOSED warning letter citing 192.603(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023012wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023012wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023012wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32023012WL","body":"Warning Letter involving TEXAS EASTERN TRANSMISSION, LP. PHMSA's enforcement data identifies the cited regulation as 192.603(b). The case was opened on 2023-11-21 and is reported as closed as of 2023-11-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32023012WL_Warning Letter_11212023_(22-234926).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023012WL/32023012WL_Warning%20Letter_11212023_(22-234926).pdf\n\n32023012WL_Warning Letter_11212023_(22-234926)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023012WL/32023012WL_Warning%20Letter_11212023_(22-234926)_text.pdf\n\n32023012WL_Warning Letter_11212023_(22-234926)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: cynthia.hansen@enbridge.com;\nmichael.koby@enbridge.com\nNovember 21, 2023\nCynthia Hansen\nEVP & President Gas Transmission and Midstream - Enbridge Inc.\nTEXAS EASTERN TRANSMISSION, LP\n915 N Eldridge Parkway, Suite 1100\nHouston, TX 77079\nCPF 3-2023-012-WL\nDear Ms. Hansen:\nFrom March 28 through September 23, 2022, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), inspected the Enbridge_Gas_Spectra_TX_Eastern_East\ninspection system, which consists of two of your subsidiaries, namely, Texas Eastern\nTransmission, LP (TET East) and Egan Hub Storage, LLC, across Alabama, Kentucky,\nLouisiana, Mississippi, Tennessee, and Texas.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 192.603 General provisions.\n(a) . . . .\n(b) Each operator shall keep records necessary to administer the procedures\nestablished under § 192.605.\nTET East’s records to administer the procedures required by § 192.605(b)(8) were\nincomplete. PHMSA’s review of Form 7T-298 records showed a single method was used\nto review the work done by operator personnel to determine the effectiveness and\nadequacy of the procedures used in normal operations and maintenance. TET East’s\n“Effectiveness Review Procedure” included multiple methods such as, observation of\nwork as it is performed and post-assessment with operating personnel after work\n\n\n\ncompletion. On the 7T-298 forms reviewed during PHMSA’s inspection these methods were not\ndocumented as being utilized; therefore, the records did not demonstrate that the\n“Effectiveness Review Procedure” was administered in its entirety.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a\nrelated series of violations. For violation occurring on or after March 21, 2022 and before\nJanuary 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the\nviolation persists, up to a maximum of $2,391,142 for a related series of violations. For violation\noccurring on or after May 3, 2021 and before March 21, 2022, the maximum penalty may not\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for\na related series of violations. For violation occurring on or after January 11, 2021 and before\nMay 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violation occurring on or after November 27, 2018 and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to 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\nTexas Eastern Transmission 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 3-2023-012-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).\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Michael Koby, SVP & Chief Operations Officer (michael.koby@enbridge.com)","truncated":false,"body_characters":5390}