{"operation":"document","citation":"CPF 420151003","title":"ENABLE MISSISSIPPI RIVER TRANSMISSION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-03-12","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.614(a), 192.614(c)(4), 192.614(c)(5), 192.614(c)(6)(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420151003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420151003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420151003","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420151003","body":"Notice of Probable Violation involving ENABLE MISSISSIPPI RIVER TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.614(a),  192.614(c)(4),  192.614(c)(5),  192.614(c)(6)(i). The case was opened on 2015-03-12 and is reported as closed as of 2016-07-18. Proposed civil penalty: $138,200. Assessed civil penalty: $138,200. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420151003_Closure Letter_07182016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_Closure%20Letter_07182016.pdf\n\n420151003_Closure Letter_07182016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_Closure%20Letter_07182016_text.pdf\n\n420151003_Final Order_04292016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_Final%20Order_04292016.pdf\n\n420151003_Final Order_04292016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_Final%20Order_04292016_text.pdf\n\n420151003_NOPV PCP PCO_03122015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_NOPV%20PCP%20PCO_03122015.pdf\n\n420151003_NOPV PCP PCO_03122015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_NOPV%20PCP%20PCO_03122015_text.pdf\n\n420151003_Operator Response to Notice_04162015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420151003/420151003_Operator%20Response%20to%20Notice_04162015.pdf\n\n420151003_Closure Letter_07182016_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 18, 2016\nMr. Paul Brewer\nExecutive Vice President\nEnable Mississippi River Transmission, LLC\n1111 Louisiana Street\nHouston, Texas 77002\nCPF 4-2015-1003\nDear Mr. Brewer:\nOn October 22, 2014, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an\ninvestigation related to the natural gas incident that occurred in Newport, Arkansas. As a result of\nthe investigation, a Final Order was issued on April 29, 2016 to Enable Mississippi River\nTransmission, LLC (EMRT) requiring amendments to their Damage Prevention procedures\nregarding the tracking and tracing of line locate requests.\nEMRT submitted its amended procedures on July 11, 2016. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Final Order have been corrected\nand payment of the penalty has been made.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nR.M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n420151003_Final Order_04292016_text.pdf\n\nApril 29, 2016\nMr. Rodney Sailor\nPresident & CEO\nEnable Mississippi River Transmission, LLC\n1111 Louisiana Street\nHouston, TX 77002\nRe: CPF No. 4-2015-1003\nDear Mr. Sailor:\nEnclosed please find the Final Order issued in the above-referenced case. It makes one finding\nof violation, assesses a civil penalty of $138,200, and specifies actions that need to be taken by\nEnable Mississippi River Transmission, LLC, to comply with the pipeline safety regulations.\nThe penalty payment terms are set forth in the Final Order. When the civil penalty has been paid\nand the terms of the compliance order completed, as determined by the Director, Southwest\nRegion, this enforcement action will be closed. Service of the Final Order by certified mail is\ndeemed effective upon the date of mailing, or as otherwise provided 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. Rodrick M. Seeley, Director, Southwest Region, OPS\nMr. Walter Ferguson, Senior Vice President, Enable Mississippi River Transmission,\nLLC\nMr. Chris Bullock, Director DOT Compliance, Enable Midstream Partners, LP\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nEnable Mississippi River Transmission, LLC, ) CPF No. 4-2015-1003\na subsidiary of Enable Midstream Partners, LP,)\nRespondent. )\n)\n)\n)\n)\nFINAL ORDER\nPursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), conducted an investigation of an\nincident involving the gas pipeline system operated by Enable Mississippi River Transmission,\nLLC (Enable or Respondent), near Newport, Arkansas. Enable is a subsidiary of Enable\nMidstream Partners, LP, a natural gas operator whose facilities include approximately 12,300\nmiles of gathering lines, 7,900 miles of interstate pipeline, and 2,200 miles of intrastate\npipelines.1\nThe investigation arose out of an excavation-related accident involving Enable’s 26” Mainline 3\n(ML 3) line near Newport, Arkansas. On October 22, 2014, Enable’s unmarked ML 3 pipeline\nwas struck by Tanner Construction Company, Inc. (Tanner), resulting in the release of 11\nMMCF of natural gas.\nAs a result of the investigation, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated March 12, 2015, a Notice of Probable Violation, Proposed Civil\nPenalty, and Proposed Compliance Order (Notice), which also included warnings pursuant to\n49 C.F.R. § 190.205. In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that\nEnable had violated 49 C.F.R. § 192.614 and proposed assessing a civil penalty of $138,200 for\nthe alleged violation. The Notice also proposed ordering Respondent to take certain measures to\ncorrect the alleged violation. The warning items required no further action but warned the\noperator to correct the probable violations or face future potential enforcement action.\nEnable responded to the Notice by letter dated April 16, 2015 (Response). The company did not\ncontest the allegation of violation but provided an explanation of its actions and requested that\n1 Enable Midstream Partners, LP, website, available at http://www.enablemidstream.com/html/pages/p002-\nabout.html (last accessed December 16, 2015).\n\n\n\nCPF No. 4-2015-1003\n2\nthe proposed civil penalty be reduced. Respondent did not request a hearing and, therefore, has\nwaived its right to one.\nFINDING OF VIOLATION\nIn its Response, Enable did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.614(c)(5), which states:\n§ 192.614 Damage prevention program.\n(a) Except as provided in paragraphs (d) and (e) of this section, each\noperator of a buried pipeline must carry out in accordance with this section,\na written program to prevent damage to that pipeline from excavation. For\nthe purposes of this section, excavation activities includes excavation,\nblasting, boring, tunneling, backfilling, the removal of aboveground\nstructures by either explosive or mechanical means, and other earthmoving\noperations. . .\n(c) The damage prevention program required by paragraph (a) of this\nsection must, at a minimum:\n(1) . . .\n(5) Provide for temporary marking of buried pipelines in the area\nof excavation activity before, as far as practical, the activity begins.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.614(c)(5) by failing to carry out a\ndamage prevention program that provided temporary marking of its buried pipeline in the area of\ncertain excavation activity near Newport, Arkansas, before, as far as practical, the activity began.\nSpecifically, the Notice alleged that on October 16, 2014, Enable received a one-call notification\nfrom Tanner regarding the construction company’s plans to excavate in the area of Enable’s ML\n3 pipeline beginning on October 20, 2014. Enable’s third-party locator, ARKUPS, did not\nattempt to locate the ML 3 line until October 21, 2014, at which time its personnel were unable\nto mark the location and, therefore, returned the ticket to the processing system for further action\nby Enable. Based on the information in the one-call notification record, the first attempt to mark\nthe pipeline by Enable personnel allegedly occurred on October 22, 2014, after the planned\nexcavation activity by Tanner had already commenced.\nRespondent did not contest this allegation of violation, but asked for a reduction in the proposed\ncivil penalty. As such, I will address those assertions below. Accordingly, based upon a review\nof all of the evidence, I find that Respondent violated 49 C.F.R. § 192.614(c)(5) by failing to\nprovide temporary marking of its buried pipeline in the area of certain excavation activity near\nNewport, Arkansas, before, as far as practical, the activity began.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\nCPF No. 4-2015-1003\n3\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed\n$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any\nrelated series of violations. In determining the amount of a civil penalty under 49 U.S.C.\n§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,\ncircumstances, and gravity of the violation, including adverse impact on the environment; the\ndegree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect\nthat the penalty may have on its ability to continue doing business; and the good faith of\nRespondent in attempting to comply with the pipeline safety regulations. In addition, I may\nconsider the economic benefit gained from the violation without any reduction because of\nsubsequent damages, and such other matters as justice may require. The Notice proposed a total\ncivil penalty of $138,200 for the violations cited above.\nItem 1: The Notice proposed a civil penalty of $138,200 for Respondent’s violation of\n49 C.F.R. § 192.614(c)(5), for failing to carry out a damage prevention program that provided\ntemporary marking of its buried pipeline in the area of excavation activity before, as near as\npractical, the activity began. As noted above, Enable did not contest the finding of violation but\nrequested that PHMSA mitigate or reduce the proposed penalty based on certain extenuating\ncircumstances. Enable argues that the circumstances relating to the sequence of communications\nbetween ARKUPS and Tanner, and Tanner’s decision to continue excavation should reduce the\nproposed civil penalty.\nFirst, Enable asserted that PHMSA’s allegation that Respondent’s third-party contractor did not\nattempt to locate the line until October 21, 2014, is incorrect. Enable stated that even though it is\nnot documented in the one-call ticket, the independent root cause investigation conducted by\nEnable found that ARKUPS first contacted Tanner on October 20, 2014. The one-call ticket\nshowed the origination time as 12:13 p.m. on October 16, 2014, and the excavation work was\nscheduled to commence at 12:15 p.m. on October 20, 2014.2 Respondent claimed that between\n3:00 p.m. and 4:00 p.m. on October 20, 2014, Tanner was informed that ARKUPS personnel,\nMr. Justin Simpson, would not be on location until October 21, 2014, due to a backlog of work.\nNext, when Mr. Simpson arrived at approximately 4:31 p.m. on October 21, 2014, he was unable\nto locate the pipeline and informed Tanner that Enable would be at the dig site the following day\nto provide more information as to where the ML 3 pipeline was located. Respondent argued that\nTanner made the deliberate decision to continue excavation activities knowing the ML 3 pipeline\nwas in the general area but had not been actually located.\nEnable may be correct that ARKUS made its first contact with Tanner on October 20, 2014, at\nwhich time ARKUS indicated that it would not be able to attempt to locate the line until the\nfollowing day, October 21. However, the Arkansas damage prevention law requires a two\nworking day time-frame for line locating,3 or until October 18. While Tanner should possibly\n2 The incident report, dated November 10, 2014 (revised February 10, 2015), shows that Tanner’s excavation work\nactually commenced at 1:00 p.m. on October 20, 2014. (on file with PHMSA).\n3 Arkansas State Code, Chapter 271, Section 14-271-110. Pipeline Safety Violation Report (Violation Report),\n(March 12, 2015) (on file with PHMSA), at 5.\n\n\n\nCPF No. 4-2015-1003\n4\nnot have proceeded with excavation before the ticket was properly cleared by Enable, a pipeline\noperator nevertheless has a clear duty to mark its facilities, “as far as practical,” before\nexcavation begins.\nI can find nothing in the record to explain why Enable could not have ensured that its contractor\ntemporarily mark Enable’s ML 3 line within the two-day window required under Arkansas law\nor why it was not “practical” to mark the line before excavation was due to begin on October 20.\nRespondent’s breach of § 192.614(c)(5) is a serious violation that was the causal factor in the\nexcavation accident on October 22, 2014. That accident led to adverse consequences to the\npeople and environment surrounding this facility, causing the release of 11 MMCF of natural\ngas. Accordingly, based on the gravity of the violation and Respondent’s culpability, I assess\nRespondent a civil penalty of $138,200 for violation of 49 C.F.R. § 192.614(c)(5).\nIn summary, having reviewed the record and considered the assessment criteria for the Item cited\nabove, I assess Respondent a civil penalty of $138,200.\nPayment of the civil penalty must be made within 20 days of service. Federal regulations\n(49 C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal\nReserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed\ninstructions are contained in the enclosure. Questions concerning wire transfers should be\ndirected to: Financial Operations Division (AMK-325), Federal Aviation Administration,\n6500 S MacArthur Blvd., Oklahoma City, Oklahoma 79169. The Financial Operations Division\ntelephone number is (405) 954-8845.\nFailure to pay the $138,200 civil penalty will result in accrual of interest at the current annual\nrate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to\nthose same authorities, a late penalty charge of six percent (6%) per annum will be charged if\npayment is not made within 110 days of service. Furthermore, failure to pay the civil penalty\nmay result in referral of the matter to the Attorney General for appropriate action in a district\ncourt of the United States.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of\n49 C.F.R. § 192.614(c). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.\n§ 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to\nensure compliance with the pipeline safety regulations applicable to its operations:\n1. With respect to the violation of § 192.614(c)(5) (Item 1), Respondent must:\nA. Revise the company’s Damage Prevention Procedure 5.3.2 – Locate\nRequests, to provide for the tracking of locate requests to ensure they are\n\n\n\nCPF No. 4-2015-1003\n5\nmarked in accordance with Respondent’s procedures within the prescribed\ntimeframes; and\nB. Submit Item A no later than 30 days from the issuance of the Final Order in\nthis case.\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.\nIn addition, pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217,\nRespondent is requested (not mandated) to take the following action:\nEnable should maintain documentation of the safety improvement costs associated\nwith fulfilling this Compliance Order and submit the total to R. M. Seeley, Director,\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. It is\nrequested that these costs be reported in two categories: 1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses; and 2) total cost\nassociated with replacements, additions and other changes to pipeline infrastructure.\nFailure to comply with this Order may result in the administrative assessment of civil penalties\nnot to exceed $200,000 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.\nWARNING ITEMS\nThe Notice alleged two other probable violations of Part 192, but did not propose a civil penalty\nor compliance order for these items. Therefore, these are considered to be warning items. The\nwarnings were for:\n49 C.F.R. § 192.614(c)(4) (Item 2) ─ Respondent’s alleged failure to provide actual\nnotification to persons giving notice of their intention to excavate, in accordance with\nits written damage prevention program; and\n49 C.F.R. § 192.614(c)(6) (Item 3) ─ Respondent’s alleged failure to provide for\ninspection of its ML 3 pipeline to prevent third-party damage, and failing to ensure\nthe integrity of the pipeline.\nEnable presented information in its Response showing that it had taken certain actions to address\nthe cited items. If OPS finds a violation of any of these items in a subsequent inspection,\nRespondent may be subject to future enforcement action.\nUnder 49 C.F.R. § 190.243, 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\nwill accept petitions received no later than 20 days after receipt of service of this Final Order by\n\n\n\nCPF No. 4-2015-1003\n6\nthe Respondent, provided they contain a brief statement of the issue(s) and meet all other\nrequirements of 49 C.F.R. § 190.243. The filing of a petition automatically stays the payment of\nany civil penalty assessed. Unless the Associate Administrator, upon request, grants a stay, all\nother 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\n\n\nPayment Instructions\nCivil Penalty Payments of Less Than $10,000\nPayment of a civil penalty of less than $10,000 proposed or assessed, under Subpart B of\nPart 190 of the Pipeline Safety Regulations can be made by certified check, money order\nor wire transfer. Payment by certified check or money order (containing the CPF Number\nfor this case) should be made payable to the \"Department of Transportation\" and should\nbe sent to:\nFederal Aviation Administration\nFinancial Operations Division (AMK-325)\nATTN: Shelby Jones\n6500 S MacArthur Blvd.,\nOklahoma City, OK 79169\nWire transfer payments of less than $10,000 may be made through the Federal Reserve\nCommunications System (Fedwire) to the account of the U.S. Treasury. Detailed\ninstructions are provided below. Questions concerning wire transfer should be directed to\nthe Financial Operations Division at (405) 954-8845, or at the above address.\nCivil Penalty Payments of $10,000 or more\nPayment of a civil penalty of $10,000 or more proposed or assessed under Subpart B of\nPart 190 of the Pipeline Safety Regulations must be made wire transfer (49 C.F.R. §\n89.21 (b)(3)), through the Federal Reserve Communications System (Fedwire) to the\naccount of the U.S. Treasury. Detailed instructions are provided below. Questions\nconcerning wire transfers should be directed to the Financial Operations Division at\n(405) 954-8845, or at the above address.\n\n\n\nINSTRUCTIONS FOR ELECTRONIC FUND TRANSFERS\n(1) RECEIVER ABA NO.\n021030004\n(2) TYPE/SUB-TYPE\n(Provided by sending bank)\n(3) SENDING BANK ABA NO.\n(Provided by sending bank)\n(4) SENDING BANK REF NO.\n(Provided by sending bank)\n(5) AMOUNT (6) SENDING BANK NAME\n(Provided by sending bank)\n(7) RECEIVER NAME\nTREAS NYC\n(8) PRODUCT CODE\n(Normally CTR, or as provided by sending bank)\n(9) BENEFICIAL (BNF) = AGENCY\nLOCATION CODE\nBNF = /ALC-69-14-0001\n(10) REASONS FOR PAYMENT\nExample: PHMSA - CPF # / Ticket Number/Pipeline\nAssessment number\nINSTRUCTIONS: You, as sender of the wire transfer, must provide the sending bank with the\ninformation for blocks (1), (5), (7), (9), and (10). The information provided in Blocks (1), (7),\nand (9) are constant and remain the same for all wire transfers to the Pipeline and Hazardous\nMaterials Safety Administration, Department of Transportation.\nBlock #1 - RECEIVER ABA NO. - \"021030004\". Ensure the sending bank enters this 9-digit\nidentification number; it represents the routing symbol for the U.S. Treasury at the Federal\nReserve Bank in New York.\nBlock #5 - AMOUNT - You as the sender provide the amount of the transfer. Please be sure the\ntransfer amount is punctuated with commas and a decimal point. EXAMPLE: $10,000.00\nBlock #7 - RECEIVER NAME - \"TREAS NYC\". Ensure the sending bank enters this\nabbreviation. It must be used for all wire transfers to the Treasury Department.\nBlock #9 - BENEFICIAL - AGENCY LOCATION CODE - \"BNF=/ALC-69-14-0001\". Ensure\nthe sending bank enters this information. This is the Agency Location Code for the Pipeline and\nHazardous Materials Safety Administration, Department of Transportation.\nBlock #10 - REASON FOR PAYMENT - “AC-payment for PHMSA Case # / To ensure your\nwire transfer is credited properly, enter the case number/ticket number or Pipeline Assessment number,\nand country.”\nNOTE: A wire transfer must comply with the format and instructions or the Department cannot\naccept the wire transfer. You as the sender can assist this process by notifying the Financial\nOperations Division (405) 954-8845 at the time you send the wire transfer.\n\n420151003_NOPV PCP PCO_03122015_text.pdf\n\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 12, 2015\nWalter Ferguson\nSenior Vice President\nEnable Mississippi River Transmission, LLC\n1111 Louisiana Street\nHouston TX 77002\nCPF 4-2015-1003\nDear Mr. Ferguson:\nOn October 22, 2014, Enable Mississippi River Transmission, LLC experienced an excavation\nrelated accident to its Mainline 3 (ML 3) 26” line near Newport AR. Following the incident, a\nrepresentative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States Code conducted an\nincident investigation and reviewed documentation related to the accident in Newport, Arkansas.\nAs a result of the investigation, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation(s) are:\n\n\n\n1. §192.614 Damage prevention program.\n(c) The damage prevention program required by paragraph (a) of this section must\nat a minimum:\n(5) Provide for temporary marking of buried pipelines in the area of excavation\nactivity before, as far as practical, the activity begins.\nEnable Mississippi River Transmission (Enable) failed to provide temporary marking of\nits buried pipeline in the area of excavation activity near Newport, Arkansas. On October\n22, 2014, Enable’s unmarked Mainline 3, 26” pipeline was struck by Tanner\nConstruction resulting in the release of 11 MMCF of natural gas.\nOn October 16, 2014, Enable received a one-call notification from Tanner Construction\nregarding their plans to excavate in the area of their ML 3 pipeline. The one-call\nnotification indicated the commencement date for the planned excavation to be October\n20, 2014. Enable’s third party locate contractor did not attempt to locate the line until\nOctober 21, 2014, at which time they were unable to mark the location and returned the\nticket for further action by Enable. A review of the one-call notification record revealed\nthat the first attempt to mark this pipeline by Enable personnel was on October 22, 2014\nafter the planned excavation activity had commenced.\n2. §192.614 Damage Prevention Program\n(a) Except as provided in paragraphs (d) and (e) of this section, each operator of a\nburied pipeline must carry out in accordance with this section, a written\nprogram to prevent damage to that pipeline from excavation activities. For the\npurposes of this section excavation activities includes excavation, blasting,\nboring, tunneling, backfilling, the removal of aboveground structures by either\nexplosive or mechanical means, and other earthmoving operations.\n(c) The damage prevention program required by paragraph (a) of this section must\nat a minimum:\n(4) If the operator has buried pipelines in the area of excavation activity, provide for\nactual notification of persons who give notice of their intent to excavate of the\ntype of temporary marking to be provided and how to identify the markings.\nEnable Mississippi River Transmission failed to provide a positive response (notification)\nin accordance with its written Damage Prevention Program (Section 5.4.2). Enable’s\nfailure to follow its procedures to provide a positive response allowed the excavator to\nproceed with the planned excavation activity with no indication as to whether the line\nwas marked or if the area was considered “all clear.” On October 22, 2014, Enable’s\n2\n\n\n\nunmarked Mainline 3, 26” pipeline was struck by Tanner Construction resulting in the\nrelease of 11 MMCF of natural gas.\nEnable’s Damage Prevention Program, section 5.4.2, requires that a positive response be\nmade to the excavator allowing the excavator to know whether the company has marked\nthe requested area or if the area is “all clear,” prior to beginning excavation. The one-call\nnotification record does not show any response made to the excavator prior to the\ncommencement date of the planned excavation activity.\n3. §192.614 Damage prevention program.\n(c) The damage prevention program required by paragraph (a) of this section must\nat a minimum:\n(6) Provide as follows for inspection of pipelines that an operator has reason to\nbelieve could be damaged by excavation activities:\n(i) The inspection must be done as frequently as necessary during and after the\nactivities to verify the integrity of the pipeline;\nEnable Mississippi River Transmission Company did not provide for inspection of their\nMainline 3, 26” pipeline to prevent damage from third party damage, nor did they ensure\nthe integrity of the pipeline. Enable received a one-call notification on October 16, 2014,\nregarding planned excavation by Tanner Construction on October 20, 2014. Enable’s\nthird party locate contractor attempted to locate the line on October 21, 2014, however,\nthey were unsuccessful and returned the one-call notification to Enable for further\nresponse and locate. Enable personnel did not arrive onsite prior to the excavation\ndamage on October 22, 2014.\nEnable’s Damage Prevention Program, section 5.4.3, requires periodic monitoring and\ninspections for excavations within 25 feet of the pipeline and authorized company\npersonnel to shut down excavation activity that is deemed unsafe. This section also\nrequires continuous oversight by company personnel for excavation within 5 feet of\npipeline. Enable failed to follow their written procedures to provide monitoring or\noversight of the planned excavation activities.\nProposed Civil Penalty\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a\nrelated series of violations. The Compliance Officer has reviewed the circumstances and\n3\n\n\n\nsupporting documentation involved in the above probable violation(s) and has recommended that\nyou be preliminarily assessed a civil penalty of $138,200 for item 1.\nWarning Items\nWith respect to items 2 and 3, we have reviewed the circumstances and supporting documents\ninvolved in this case and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to promptly correct these item(s). Failure to\ndo so may result in additional enforcement action.\nProposed Compliance Order\nWith respect to item 1 pursuant to 49 United States Code § 60118, the Pipeline and Hazardous\nMaterials Safety Administration proposes to issue a Compliance Order to Enable Mississippi\nRiver Transmission. Please refer to the Proposed Compliance Order, which is enclosed and\nmade a part of this Notice.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators\nin Compliance Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be made publicly available. If\nyou believe that any portion of your responsive material qualifies for confidential treatment\nunder 5 U.S.C. 552(b), along with the complete original document you must provide a second\ncopy of the document with the portions you believe qualify for confidential treatment redacted\nand an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice,\nthis constitutes a waiver of your right to contest the allegations in this Notice and authorizes the\nAssociate Administrator for Pipeline Safety to find facts as alleged in this Notice without further\nnotice to you and to issue a Final Order.\nIn your correspondence on this matter, please refer to CPF 4-2015-1003 and for each document\nyou submit, please provide a copy in electronic format whenever possible.\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Compliance Proceedings\n4\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Enable Mississippi River Transmission a\nCompliance Order incorporating the following remedial requirements to ensure the compliance\nof Enable Mississippi River Transmission with the pipeline safety regulations:\n1. 2. 3. In regard to Item Number 1 of the Notice pertaining to Damage Prevention\nProcedure 5.3.2 – Locate Requests, Enable Mississippi River Transmission shall\nrevise this procedure to provide for the tracking of locate requests to ensure they\nare marked in accordance with Enable procedures within the prescribed\ntimeframes.\nItem 1 shall be submitted to PHMSA no later than 30 days from the issuance of\nthe Final Order in this case.\nIt is requested (not mandated) that Enable Mississippi River Transmission\nmaintain documentation of the safety improvement costs associated with fulfilling\nthis Compliance Order and submit the total to R.M Seeley, Director, Southwest\nRegion, Pipeline and Hazardous Materials Safety Administration. It is requested\nthat these costs be reported in two categories: 1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses, and 2) total cost\nassociated with replacements, additions and other changes to pipeline\ninfrastructure.\n5","truncated":false,"body_characters":31946}