{"operation":"document","citation":"CPF 420081005W","title":"ENABLE MISSISSIPPI RIVER TRANSMISSION, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-04-02","effective_on":null,"summary":"CLOSED warning letter citing 191.5(a), 199.105(b), 199.225(a)(2)(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420081005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420081005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420081005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420081005W","body":"Warning Letter involving ENABLE MISSISSIPPI RIVER TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 191.5(a),  199.105(b),  199.225(a)(2)(i). The case was opened on 2008-04-02 and is reported as closed as of 2008-04-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420081005W_Warning Letter_04022008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420081005W/420081005W_Warning%20Letter_04022008.pdf\n\n420081005w_warning letter_04022008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420081005W/420081005w_warning%20letter_04022008_text.pdf\n\n420081005w_warning letter_04022008_text.pdf\n\ntran\nU, S, Department\nOf Transpartatlon\nPtpetlne and\nHosordourt Materials Safety\nArrtmlntstratton\n8701 BoUth Gether, Surrrr 1 I\nsou:rhh, TX rrcr&\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT RE VESTED\nApril 2, 2008\nWalter Ferguson\nVice President\nMississippi River Transmission Corporation\n(CenterPoint Energy)\n525 Milam St.\nShreveport, LA 71101\nCPF 4-2008-1005W\nDear Mr. Ferguson:\nAt approximately 10:30 a. m. CST, on May 25, 2007, CenterPoint Energy-Mississippi River\nTransmission Corporation experienced a release of natural gas near Dubach, Louisiana. The\nrelease was not reported to the National Response Center (NRC) in Washington, DC until 2:55\np. m. EST, on May 30, 2007 (NRC Report ff836940 enclosed). It appears that you have\ncommitted probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal\nRegulations. The probable violations are:\n1. II191. 5 Telephonic notice of certain incidents.\n(a) At the earliest practicable moment following discovery, each operator shall\ngive notice in accordance with paragraph (b) of this section of each incident as\ndefined in 191. 3\nThe release that occurred on May 25, 2007 meets the reporting criteria due to the personal\ninjury necessitating in-patient hospitalization. This office does not believe that the telephonic\nnotice, made over five days after the discovery of this incident, was made at the earliest\npracticable moment.\n\n\n\nAttached is an Alert Notice (ALN-91-01) issued by the Department of Transportation, dated April\n15, 1991, that was sent to all pipeline operators, re-emphasizing that telephonic notices can and\nshould be made within one to two hours after discovery.\n2. $199. 105 Drug tests required.\n(b) Post-accident testing. As soon as possible but no later than 32 hours after an\naccident, an operator shall drug test each employee whose performance either\ncontributed to the accident or cannot be completely discounted as a contributing\nfactor to the accident. An operator may decide not to test under this paragraph\nbut such a decision must be based on the best information available immediately\nafter the accident that the employee's performance could not have contributed to\nthe accident or that, because of the time between that performance and the\naccident, it is not likely that a drug test would reveal whether the performance was\naffected by drug use.\nPHMSA had a discussion with Johnny Cavitt of CenterPoint Energy on May 31, 2007 at 1:10\nP. M.\n,\nMr. Cavitt stated there was no post accident drug testing administered to the employee.\nInformation was not obtained immediately after the accident that would eliminate the employee's\nperformance as a contributing factor.\n3. 5199. 225 Alcohol tests required.\n(a) Post-accident. (1) As soon as practicable following an accident, each operator\nshall test each surviving covered for alcohol if that employee's performance of a\ncovered function either contributed to the accident or cannot be completely\ndiscounted as a contributing factor to the accident. The decision not to\nadminister a test under this section shall be based on the operator's\ndetermination, using the best available information at the time of the\ndetermination, that the covered employee's performance could not have\ncontributed to the accident.\n(2)(i) If a test required by this section is not administered within two hours\nfollowing the accident, the operator shall prepare and maintain on file a record\nstating the reasons the test was not promptly administered. If a test required by\nparagraph (a) is not administered within eight hours following the accident, the\noperator shall cease attempts to administer an alcohol test and shall state in the\nrecord the reasons for not administering the test.\nPHMSA had a discussion with Johnny Cavitt of CenterPoint Energy on May 31, 2007 at 1:10\nP. M.\n,\nMr. Cavitt stated there was no post accident alcohol testing administered to the employee.\nInformation was not obtained immediately after the accident that would eliminate the employee's\nperformance as a contributing factor.\n\n\n\nUnder 49 United States Code, tt 60122, you are subject to a civil penalty not to exceed\n$100, 000 for each violation for each day the violation persists up to a maximum of $1, 000, 000\nfor any related sedes of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement action\nor penalty assessment proceedings at this time. We advise you to correct the items identified in\nthis letter. Failure to do so will result in CenterPoint Energy being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2008-1005W. 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),\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous\nMaterials Safety Administration","truncated":false,"body_characters":6070}