{"operation":"document","citation":"CPF 420091017W","title":"ENABLE GAS TRANSMISSION, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-07-22","effective_on":null,"summary":"CLOSED warning letter citing 192.179(b)(1), 192.625(f).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420091017w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420091017w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420091017w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420091017W","body":"Warning Letter involving ENABLE GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.179(b)(1),  192.625(f). The case was opened on 2009-07-22 and is reported as closed as of 2009-07-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420091017W_Warning_06152009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091017W/420091017W_Warning_06152009.pdf\n\n420091017W_Warning_06152009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091017W/420091017W_Warning_06152009_text.pdf\n\n420091017W_Warning_06152009_text.pdf\n\nWARNING LETTER\nCERTIFIED - RETURN RECEIPT REQUESTED\nJune 15, 2009\nMr. Pete Kirsch\nSr. Vice President, Pipeline Operations & Engineering\nCenterpoint Energy\n1111 Louisiana, Suite 1120\nHouston, TX 77002\nCPF 4-2009-1017W\nDear Mr. Kirsch:\nDuring the week of April 20, 2009, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Southwest Region, pursuant to Chapter 601 of\n49 United States Code, conducted pipeline safety inspections of facilities and records in\nCenterpoint’s Enid Unit in Oklahoma and Kansas.\nAs a result of the inspections, it appears that you have committed probable violations as\nnoted below of pipeline safety regulations Title 49, Code of Federal Regulations, Part 192.\nThe items inspected and the probable violation is:\n1. §192.179 Transmission Line Valves\n(b)(1) The valve and the operating device to open or close the valve must be\nreadily accessible and protected from tampering and damage.\nDuring the inspections it was noted that Centerpoint’s preferred method of complying with\n192.179(b)(1) is to install locked chain link fencing around the valves. This was evident in\nthe two Centerpoint units that have been inspected so far in 2009, where the majority of\nabove ground valves were located in locked chain link fences. Some of the remaining\nvalves in those units that were not fenced were located below grade in locked metal boxes,\n\n\n\nbut other valves were located above ground with no fences. The number of above ground\nvalves that were observed without proper fencing by the inspector on the Enid Unit\nexceeded ten, and the lack of fencing was pointed out to Centerpoint personnel at the time\nof the inspection. It should be pointed out that all of the unfenced valves were chain locked\nand most had steel barricade posts installed.\n§197.179 is a design requirement for valves installed after March 12, 1971. It is PHMSA’s\nunderstanding that only a small number of valves in the Enid Unit were installed since the\neffective date. Centerpoint should review their program, procedures, and facilities to\nensure they are compliant with this regulation.\n2. §192.605 Procedural Manual for Operations, Maintenance, and Emergencies\n§192.605(a) Requires that each operator shall prepare and follow for each\npipeline, a manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. Additionally:\n§192.625(f) Requires that to assure the proper concentration of odorant in\naccordance with this section, each operator must conduct periodic sampling\nof combustible gases using an instrument capable of determining the\npercentage of gas in air at which the odor becomes readily detectable.\nCenterpoint failed to follow their procedures to conduct quarterly sampling of combustible\ngases to determine the percentage of gas in air at which the odor becomes readily\ndetectable. Centerpoint took over the sampling activities for this unit from Centerpoint\nDistribution in late 2007, slightly over a year prior to the PHMSA inspection. Sampling\nrecords examined for the Enid Unit during the recent inspection show that Centerpoint is\nsampling at least four times a year and about five times per year on average, but not\nquarterly as per their procedures. Some sampling is done every two months and some\nsampling is done almost four months apart. Centerpoint personnel were informed during\nthe inspection of this problem. After the problem was made known to them, they traced the\nproblem to their Maximo computer data system, which provides reminders to field\npersonnel to do the sampling based on work orders for the unit and not O&M procedures.\nThis results in not meeting the quarterly requirement for some samplings. Field personnel\nagreed to make immediate corrections to their system to meet the quarterly sampling\nrequirement.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violations persists up to a maximum of\n$1,000,000 for any related series of violations. With respect to these items, we have\nreviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings\nat this time. We advise you to promptly correct these items. Be advised that failure to do\nso may result in Centerpoint being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply, please refer to CPF 4-2009-\n1017W in your correspondence. Be advised that all material you submit in response to\nthis enforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C.\n552(b), along with the complete original document you must provide a second copy of the\ndocument 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).\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous\nMaterials Safety Administration","truncated":false,"body_characters":5815}