{"operation":"document","citation":"CPF 420151002W","title":"ANR PIPELINE CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-02-26","effective_on":null,"summary":"CLOSED warning letter citing 191.5(a), 192.805(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420151002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420151002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420151002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420151002W","body":"Warning Letter involving ANR PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 191.5(a),  192.805(d). The case was opened on 2015-02-26 and is reported as closed as of 2015-02-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420151002W_Warning_02262015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151002W/420151002W_Warning_02262015.pdf\n\n420151002W_Warning_02262015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151002W/420151002W_Warning_02262015_text.pdf\n\n420151002W_Warning_02262015_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 26, 2015\nMr. Vern Meier\nVice President, Operations\nANR Pipeline Company\n717 Texas Avenue, Suite 2400\nHouston, TX 77002\nCPF 4-2015-1002W\nDear Mr. Meier:\nOn July 12, 2014, ANR Pipeline Company experienced an unintended release of natural gas at the Patterson\nCompressor station in Patterson, LA. As a result, the event was reported to the National Response Center\n(NRC) 1089078 with the estimated gas lost exceeding three million cubic feet.\nA representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant Chapter\n601 of 49 United States Code investigated the incident. As a result of the investigation, it appears that you\nhave committed probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal\nRegulations. The items inspected and the probable violations are noted below:\n1. §191.5 Immediate notice of certain incidents.\n(a) At the earliest practicable moment following discovery, each operator shall give notice in\naccordance with paragraph (b) of this section of each incident as defined in §191.3.\nANR failed to make the proper notification to the NRC for the release on July 12, 2014. The event was first\nidentified at approximately 03:15 local time on July 12, 2014, and confirmed minutes later at 03:40 when\nstation personnel secured the release. ANR reported the incident to the NRC on July 14, 2014 at\napproximately 20:58 Eastern standard time.\nIn their process for reporting events in accordance with §191.5, ANR personnel use the Rules of Thumb Gas\nCalculation spreadsheet in estimating the volume of gas released. Through correspondence with PHMSA,\nANR stated their personnel completed the calculation following the closure of the valve on July 12, 2014.\nDue to an error made during this calculation, the event was not recognized as reportable under 191.5. ANR’s\nprocess defines discovery as occurring when the ‘operator has adequate information to determine that an\nevent has occurred on its pipeline that may meet the definition of an incident.’ ANR had adequate\n\n\n\ninformation to determine the release met the criteria for immediate notification on July 12, 2014, however\ndue to the calculation error the incident was not reported to the NRC until two days later.\n2. 192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program shall\ninclude provisions to:\n(d) Evaluate an individual if the operator has reason to believe that the individual’s\nperformance of a covered task contributed to an incident as defined in Part 191;\nANR did not implement the requirements for post incident evaluation, found in its written qualification\nprogram. Following investigation, ANR noted the incident was due to incorrect operation/failure to follow\nprocedure. ANR’s Operator Qualification program requires the suspension of operator qualification when\nthe performance of a covered task contributed to an incident. The plan also states employees are provided an\nopportunity to reestablish qualification if an incident was related to the performance of a covered task. A\nmeeting held with the technician whose actions were determined to contribute to the incident, ended with the\nidentification of several methods to prevent event reoccurrence. However, ANR noted in correspondence\nwith PHMSA, the applicable qualification of this company employee whose performance of a covered task\ncontributed to the release on July 12th was not suspended or revoked.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations. For\nviolations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation\nper day, with a maximum penalty not to exceed $1,000,000 for a related series of violations. We have\nreviewed the circumstances and supporting documents involved in this case, and have decided not to conduct\nadditional enforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem identified in this letter. Failure to do so will result in ANR being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 4-\n2015-1002W. Be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the 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 under 5 U.S.C.\n552(b).\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":5649}