{"operation":"document","citation":"CPF 420092003","title":"EXCELERATE ENERGY LP — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-10-15","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605(a), 192.805.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420092003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420092003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420092003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420092003","body":"Notice of Probable Violation involving EXCELERATE ENERGY LP. PHMSA's enforcement data identifies the cited regulations as 192.605(a),  192.805. The case was opened on 2009-10-15 and is reported as closed as of 2010-12-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420092003_ Final Order_06302010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420092003/420092003_%20Final%20Order_06302010_text.pdf\n\n420092003_Closure_12172010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420092003/420092003_Closure_12172010.pdf\n\n420092003_Closure_12172010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420092003/420092003_Closure_12172010_text.pdf\n\n420092003_FinalOrder_06302010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420092003/420092003_FinalOrder_06302010.pdf\n\n420092003_NOPV PCO_10152009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420092003/420092003_NOPV%20PCO_10152009.pdf\n\n420092003_NOPV PCO_10152009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420092003/420092003_NOPV%20PCO_10152009_text.pdf\n\n420092003_Response to NOPV PCO_10292009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420092003/420092003_Response%20to%20NOPV%20PCO_10292009.pdf\n\n420092003_Closure_12172010_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 17, 2010\nCaptain Mark Lane\nVP Operations\nExcelerate Energy LP\n1450 Lake Robbins Drive\nSuite 200\nThe Woodlands, TX 77380\nCPF 4-2009-2003\nDear Captain Mark Lane:\nOn March 16-20, 2009, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Excelerate Energy LP a Final Order in the above-referenced case. This Order included\na Compliance Order. Based on our review of the documentation you provided, it has been\ndetermined that you have complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous\nMaterials Safety Administration\n\n420092003_ Final Order_06302010_text.pdf\n\nJUN 30 2010\nCaptain Mark K. Lane\nSenior Vice President - Operations\nExcelerate Energy, L.P.\n1450 Lake Robbins Drive\nSuite 200\nThe Woodlands, TX 77380\nRe: CPF No. 4-2009-2003\nDear Captain Lane:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken by Excelerate Energy, L.P., to comply with\nthe pipeline safety regulations. When the terms of the compliance order have been completed, as\ndetermined by the Director, Southwest Region, this enforcement action will be closed. Service\nof the Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. R. M. Seeley, Director, Southwest Region, PHMSA\nMs. Lauren Guzick, Manager, Gulf Gateway , Excelerate Energy, L.P., 1450 Lake Robbins\nDrive, Suite 200, The Woodlands, TX 77380\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7009 1410 0000 2472 2629]\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nExcelerate Energy, L.P., ) CPF No. 4-2009-2003\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn March 16-20, 2009, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Excelerate Energy,\nL.P. (Excelerate or Respondent), at its Gulf Gateway Energy Bridge platform and pipeline\nsystem in the Gulf of Mexico. Excelerate operates a deepwater port pipeline facility 120 miles\noffshore, in West Cameron Block 603 in the Gulf of Mexico. The facility includes 7.18 miles of\nnatural gas transmission pipeline.\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated October 15, 2009, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Excelerate had violated 49 C.F.R. §§ 192.605 and 192.805 and proposed ordering\nRespondent to take certain measures to correct the alleged violations.\nExcelerate responded to the Notice by letter dated October 29, 2009 (Response). The company\ndid not contest the allegations of violation but provided information concerning the corrective\nactions it planned to take. Respondent did not request a hearing and therefore has waived its\nright to one.\nFINDINGS OF VIOLATION\nIn its Response, Excelerate did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.605, which states in\nrelevant part:\n\n\n\n2\n§ 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline,\na manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. For transmission\nlines, the manual must also include procedures for handling abnormal\noperations. This manual must be reviewed and updated by the operator\nat intervals not exceeding 15 months, but at least once each calendar\nyear. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.605 by failing to prepare such a\nmanual. Specifically, the Notice alleged that Excelerate did not prepare a manual of written\nprocedures for conducting operations and maintenance activities and for emergency response for\nits pipeline system. Respondent did not contest this allegation of violation. Accordingly, based\nupon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 192.605 by\nfailing to prepare an operations, maintenance, and emergency procedures manual before\ncommencing the operation of its pipeline system.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.805, which states:\n§ 192.805 Qualification program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(a) Identify covered tasks;\n(b) Ensure through evaluation that individuals performing covered\ntasks are qualified;\n(c) Allow individuals that are not qualified pursuant to this subpart to\nperform a covered task if directed and observed by an individual that is\nqualified;\n(d) Evaluate an individual if the operator has reason to believe that the\nindividual’s performance of a covered task contributed to an incident as\ndefined in Part 191;\n(e) Evaluate an individual if the operator has reason to believe that the\nindividual is no longer qualified to perform a covered task;\n(f) Communicate changes that affect covered tasks to individuals\nperforming those covered tasks;\n(g) Identify those covered tasks and the intervals at which evaluation\nof the individual’s qualifications is needed;\n(h) After December 16, 2004, provide training, as appropriate, to\nensure that individuals performing covered tasks have the necessary\nknowledge and skills to\nperform the tasks in a manner that ensures the safe operation of pipeline\nfacilities; and\n(i) After December 16, 2004, notify the Administrator or a state\nagency participating under 49 U.S.C. Chapter 601 if the operator\nsignificantly modifies the program after the Administrator or state agency\nhas verified that it complies with this section.\n\n\n\n3\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.805 by failing to prepare such an\noperator qualification program. Specifically, the Notice alleged that Excelerator did not have\nand follow a written operator qualification program to ensure that individuals performing\ncovered tasks were qualified in accordance with Subpart N (§§ 192.801-192.809) and did not\nrequire that contractors doing work on pipeline facilities had an approved operator qualification\nprogram. Respondent did not contest this allegation of violation. Accordingly, based upon a\nreview of all of the evidence, I find that Respondent violated 49 C.F.R. § 192.805 by failing to\nprepare an operator qualification program.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1 and 2 in the Notice for\nviolations of 49 C.F.R. §§ 192.605 and 192.805, respectively. Under 49 U.S.C. § 60118(a), each\nperson who engages in the transportation of gas or who owns or operates a pipeline facility is\nrequired to comply with the applicable safety standards established under chapter 601. Pursuant\nto the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take\nthe following actions to ensure compliance with the pipeline safety regulations applicable to its\noperations:\n1. With respect to the violation of § 192.605 (Item 1), Respondent must prepare written\nprocedures for operating, maintaining, and repairing its pipeline system in accordance\nwith 49 CFR Part 192. Respondent must electronically submit monthly progress reports\nby the 15th of each month following receipt of this Final Order. The written procedures\nmust be completed within 180 days of receipt of this Final Order.\n2. With respect to the violation of § 192.805 (Item 2), Respondent must prepare written\nprocedures that address covered tasks and the qualification of employees and contractors\nthat perform those covered tasks, as required by 49 CFR Part 192. Respondent must\nelectronically submit monthly progress reports by the 15th of each month following\nreceipt of this Final Order. The written procedures must be completed within 180 days of\nreceipt of this Final Order.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nUnder 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC\n20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA\n\n\n\n4\nwill accept petitions received no later than 20 days after receipt of service of this Final Order by\nthe Respondent, provided they contain a brief statement of the issue(s) and meet all other\nrequirements of 49 C.F.R. § 190.215. Unless the Associate Administrator, upon request, grants a\nstay, the terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n420092003_FinalOrder_06302010.pdf\n\nU.S. Department of Transportation\n1200 New Jersey Ave, S.E.\nPipeline and Hazardous Materials\nWashington, D.C. 20590\nSafety Administration\nJUN 3 0 2010\nCaptain Mark K. Lane\nSenior Vice President - Operations\nExcelerate Energy, L.P.\n1450 Lake Robbins Drive\nSuite 200\nThe Woodlands, TX 77380\nRe: CPF No. 4-2009-2003\nDear Captain Lane:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nthe pipeline safety regulations. When the terms of the compliance order have been completed, as\nviolation and specifies actions that need to be taken by Excelerate Energy, L.P., to comply with\ndetermined by the Director, Southwest Region, this enforcement action will be closed. Service\nof the Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. R. M. Seeley, Director, Southwest Region, PHMSA\nMs. Lauren Guzick, Manager, Gulf Gateway, Excelerate Energy, L.P., 1450 Lake Robbins\nDrive, Suite 200, The Woodlands, TX 77380\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED 17009 1410 0000 2472 26291\n\n\n\nV.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of\nExcelerate Energy, L.P.,\nCPF No. 4-2009-2003\nRespondent.\nFINAL ORDER\nOn March 16-20, 2009, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Excelerate Energy,\nL.P. (Excelerate or Respondent), at its Gulf Gateway Energy Bridge platform and pipeline\nsystem in the Gulf of Mexico. Excelerate operates a deepwater port pipeline facility 120 miles\noffshore, in West Cameron Block 603 in the Gulf of Mexico. The facility includes 7.18 miles of\nnatural gas transmission pipeline.\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated October 15, 2009, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Excelerate had violated 49 C.F.R. §§ 192.605 and 192.805 and proposed ordering\nRespondent to take certain measures to correct the alleged violations.\nExcelerate responded to the Notice by letter dated October 29, 2009 (Response). The company\ndid not contest the allegations of violation but provided information concerning the corrective\nactions it planned to take. Respondent did not request a hearing and therefore has waived its\nright to one.\nFINDINGS OF VIOLATION\nIn its Response, Excelerate did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.605, which states in\nrelevant part:\n\n\n\n2\n§ 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline,\na manual of written procedures for conducting operations and\nmaintenance activities and for emergency response. For transmission\nlines, the manual must also include procedures for handling abnormal\noperations. This manual must be reviewed and updated by the operator\nat intervals not exceeding 15 months, but at least once each calendar\nyear. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.605 by failing to prepare such a\nmanual. Specifically, the Notice alleged that Excelerate did not prepare a manual of written\nprocedures for conducting operations and maintenance activities and for emergency response for\nits pipeline system. Respondent did not contest this allegation of violation. Accordingly, based\nupon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 192.605 by\nfailing to prepare an operations, maintenance, and emergency procedures manual before\ncommencing the operation of its pipeline system.\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.805, which states:\n§ 192.805 Qualification program.\nEach operator shall have and follow a written qualification program.\nThe program shall include provisions to:\n(a) Identify covered tasks;\n(b) Ensure through evaluation that individuals performing covered\ntasks are qualified;\n(c) Allow individuals that are not qualified pursuant to this subpart to\nperform a covered task if directed and observed by an individual that is\nqualified;\n(d) Evaluate an individual if the operator has reason to believe that the\nindividual's performance of a covered task contributed to an incident as\ndefined in Part 191;\n(e) Evaluate an individual if the operator has reason to believe that the\nindividual is no longer qualified to perform a covered task;\n(f) Communicate changes that affect covered tasks to individuals\nperforming those covered tasks;\n(g) Identify those covered tasks and the intervals at which evaluation\nof the individual's qualifications is needed;\n(h) After December 16, 2004, provide training, as appropriate, to\nensure that individuals performing covered tasks have the necessary\nknowledge and skills to\nperform the tasks in a manner that ensures the safe operation of pipeline\nfacilities; and\n(i) After December 16, 2004, notify the Administrator or a state\nagency participating under 49 U.S.C. Chapter 601 if the operator\nsignificantly modifies the program after the Administrator or state agency\nhas verified that it complies with this section.\n\n\n\n3\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.805 by failing to prepare such an\noperator qualitication program. Specifically, the Notice alleged that Excelerator did not have\nand follow a written operator qualification program to ensure that individuals performing\ncovered tasks were qualified in accordance with Subpart N (§§ 192.801-192.809) and did not\nrequire that contractors doing work on pipeline facilities had an approved operator qualification\nprogram. Respondent did not contest this allegation of violation. Accordingly, based upon a\nreview of all of the evidence, I find that Respondent violated 49 C.F.R. § 192.805 by failing to\nprepare an operator qualification program.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1 and 2 in the Notice for\nviolations of 49 C.F.R. §§ 192.605 and 192.805, respectively. Under 49 U.S.C. § 60118(a), each\nperson who engages in the transportation of gas or who owns or operates a pipeline facility is\nrequired to comply with the applicable safety standards established under chapter 601. Pursuant\nto the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take\nthe following actions to ensure compliance with the pipeline safety regulations applicable to its\noperations:\n1. With respect to the violation of § 192.605 (Item 1), Respondent must prepare written\nprocedures for operating, maintaining, and repairing its pipeline system in accordance\nwith 49 CFR Part 192. Respondent must electronically submit monthly progress reports\nby the 15\" of each month following receipt of this Final Order. The written procedures\nmust be completed within 180 days of receipt of this Final Order.\n2. With respect to the violation of § 192.805 (Item 2), Respondent must prepare written\nprocedures that address covered tasks and the qualification of employees and contractors\nthat perform those covered tasks, as required by 49 CFR Part 192. Respondent must\nelectronically submit monthly progress reports by the 15\" of each month following\nreceipt of this Final Order. The written procedures must be completed within 180 days of\nreceipt of this Final Order.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by the Respondent and demonstrating good cause for an\nextension.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nUnder 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2'° Floor, Washington, DC\n20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA\n\n\n\n4\nwill accept petitions received no later than 20 days after receipt of service of this Final Order by\nthe Respondent, provided they contain a brief statement of the issue(s) and meet all other\nrequirements of 49 C.F.R. § 190.215. Unless the Associate Administrator, upon request, grants a\nstay, the terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nJUN 3 0 2010\nJeffrey D. Wiese\nAssociate Administrator\nDate Issued\nfor Pipeline Safety","truncated":false,"body_characters":21150}