{"operation":"document","citation":"CPF 32024047NOA","title":"BLUEWATER GAS STORAGE, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-04-19","effective_on":null,"summary":"CLOSED notice of amendment citing 192.615(a)(4), 192.917(e)(5), 192.947(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024047noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024047noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024047noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32024047NOA","body":"Notice of Amendment involving BLUEWATER GAS STORAGE, LLC. PHMSA's enforcement data identifies the cited regulations as 192.615(a)(4),  192.917(e)(5),  192.947(d). The case was opened on 2024-04-19 and is reported as closed as of 2024-05-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32024047NOA_Closure Letter_05282024_(23-265892).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024047NOA/32024047NOA_Closure%20Letter_05282024_(23-265892).pdf\n\n32024047NOA_Closure Letter_05282024_(23-265892)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024047NOA/32024047NOA_Closure%20Letter_05282024_(23-265892)_text.pdf\n\n32024047NOA_Notice of Amendment_04192024_(23-265892).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024047NOA/32024047NOA_Notice%20of%20Amendment_04192024_(23-265892).pdf\n\n32024047NOA_Notice of Amendment_04192024_(23-265892)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024047NOA/32024047NOA_Notice%20of%20Amendment_04192024_(23-265892)_text.pdf\n\n32024047NOA_Operator Response to Notice_05082024_(23-265892).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024047NOA/32024047NOA_Operator%20Response%20to%20Notice_05082024_(23-265892).pdf\n\n32024047NOA_Closure Letter_05282024_(23-265892)_text.pdf\n\nVIA ELECTRONIC MAIL TO: andy.hesselbach@wecenergygroup.com,\njeffrey.westrick@wecenergygroup.com, rita.reed@wecenergygroup.com\nMay 28, 2024\nMr. Andy Hesselbach\nPresident & Chief Executive Officer\nBluewater Gas Storage, LLC\n231 W. Michigan St., PSB-P240\nMilwaukee, WI 53203\nRE: CPF No. 3-2024-047-NOA\nDear Mr. Hesselbach:\nFrom August 14 through 18, 2023, representatives of the Michigan Public Service Commission\n(MIPSC), acting as an Interstate Agent for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), reviewed\nBluewater Gas Storage, LLC’s (BGS) procedures for Operation and Maintenance and Integrity\nManagement. As a result of the inspection, BGS was issued a Notice of Amendment on April\n19, 2024, which proposed amendment of its procedures. BGS submitted its amended procedures\non May 8, 2024, which my staff has reviewed and it appears that the inadequacies outlined in the\nNotice of Amendment have been corrected.\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: Jeffrey Westrick, Asset Manager Bluewater Facility, Bluewater Gas Storage, LLC,\njeffrey.westrick@wecenergygroup.com\nRita Reed, Engineering Specialist, Bluewater Gas Storage, LLC,\nrita.reed@wecenergygroup.com\n\n32024047NOA_Notice of Amendment_04192024_(23-265892)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: andy.hesselbach@wecenergygroup.com,\njeffrey.westrick@wecenergygroup.com, rita.reed@wecenergygroup.com\nApril 19, 2024\nMr. Andy Hesselbach\nPresident & Chief Executive Officer\nBluewater Gas Storage, LLC\n231 W. Michigan St., PSB-P240\nMilwaukee, WI 53203\nCPF 3-2024-047-NOA\nDear Mr. Hesselbach:\nFrom August 14 through 18, 2023, representatives of the Michigan Public Service Commission\n(MIPSC), acting as an Interstate Agent for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), reviewed\nBluewater Gas Storage, LLC’s (BGS) procedures for Operation and Maintenance and Integrity\nManagement.\nAs a result of the inspection, PHMSA has identified apparent inadequacies found within BGS’s\nplans or procedures. The items inspected and the inadequacies are described below:\n1. § 192.615 Emergency plans.\n(a) Each operator shall establish written procedures to minimize the hazard\nresulting from a gas pipeline emergency. At a minimum, the procedures must\nprovide for the following:\n(1) …..\n(4) The availability of personnel, equipment, tools, and materials, as needed at the\nscene of an emergency.\nBGS did not include in its Emergency Response Plan the availability of personnel, list of\nequipment, tools and materials that would be needed in an emergency, per the\nrequirements of § 192.615(a)(4). Specifically, BGS’s procedure Operation, Maintenance\n\n\n\n2. 3. and Emergency (OME) Chapter 700, “Emergency Response Plan,” did not include the\navailability of personnel, list of equipment, tools, and materials needed in an emergency.\nThese details must be included in the Emergency Response Plan, in accordance with §\n192.605(a)(4).\n§ 192.917 How does an operator identify potential threats to pipeline integrity and\nuse the threat identification in its integrity program?\n(a) …..\n(e) Actions to address particular threats. If an operator identifies any of the following\nthreats, the operator must take the following actions to address the threat.\n(1) ….\n(5) Corrosion. If an operator identifies corrosion on a covered pipeline segment that\ncould adversely affect the integrity of the line (conditions specified in § 192.933), the\noperator must evaluate and remediate, as necessary, all pipeline segments (both\ncovered and non-covered) with similar material coating and environmental\ncharacteristics. An operator must establish a schedule for evaluating and\nremediating, as necessary, the similar segments that is consistent with the operator’s\nestablished operating and maintenance procedures under Part 192 for testing and\nrepair.\nBGS’s Integrity Management Program did not address § 192.917(e)(5), which required\nthat if BGS finds corrosion in a covered segment, it must evaluate and remediate all\npipeline segments (including covered and non-covered segments) with similar material\ncoating and environmental characteristics. Section 9.1.2 of BGS’s Integrity Management\nPlan included remediation of identified conditions, but did not address the requirement\nfor evaluating and remediating covered and non-covered pipeline segments. BGS must\nrevise its procedure in accordance to § 192.907(e)(5).\n§ 192.947 What records must an operator keep?\n(a) ….\n(d) Documents to support any decision, analysis and process developed and used to\nimplement and evaluate each element of the baseline assessment plan and integrity\nmanagement program. Documents include those developed and used in support of\nany identification, calculation, amendment, modification, justification, deviation\nand determination made, and any action taken to implement and evaluate any of the\nprogram elements;\nBGS’s Integrity Management Program section 14.2, “Required Records,” did not provide\nenough specificity to adequately detail how records must be kept, per the requirements of\n§ 192.947(d). The procedure stated that the records must be maintained in accordance\nwith § 192.947, but it did not provide any guidance on what forms should be used to\ndocument recordkeeping. For example, in section 14.2, “Required Records,”, Item 12\nspecified that records for preventative and mitigative (P&M) actions taken must be kept.\nHowever, during the inspection, BGM was unable to provide any records for P&M\n\n\n\nmeasures taken for third-party damage. BGM’s procedure for third-party damage P&M\nmeasures was described in section 12.3.1.1, but did not provide any guidance for what\nform, or other records, must be completed and maintained to document this. BGS must\nrevise the procedures and provide more guidance for documentation of implemented\nP&M measures as required by § 192.947(d).\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nEnforcement Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 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 of\nreceipt 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 in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n90 days of receipt of this Notice. This period may be extended by written request for good cause.\nOnce the inadequacies identified herein have been addressed in your amended procedures, this\nenforcement action will be closed.\nIt is requested that BGS maintain documentation of the safety improvement costs associated with\nfulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the\ntotal to Gregory A. Ochs, Director, Central Region, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to CPF 3-2024-047-NOA\nand, for each document you submit, please provide a copy in electronic format whenever\npossible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n\n\n\ncc: Jeffrey Westrick, Asset Manager Bluewater Facility, Bluewater Gas Storage, LLC,\njeffrey.westrick@wecenergygroup.com\nRita Reed, Engineering Specialist, Bluewater Gas Storage, LLC,\nrita.reed@wecenergygroup.com\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings","truncated":false,"body_characters":10208}